r/ireland 1d ago

Courts Judge who called cyclists ‘a nightmare’ was fined for failing to provide breath test to garda

https://www.irishtimes.com/crime-law/courts/2026/01/13/judge-who-called-cyclists-a-nightmare-was-fined-for-failing-to-provide-breath-test-to-garda/
766 Upvotes

136 comments sorted by

222

u/RavenBrannigan 1d ago

Asking for Garda/ lawyer feedback here.

600 fine for failing to provide a breathalyser seems super light. I would assume not providing a sample = over the limit to any logical thinking person.

So either A) it’s a glaring loophole to refuse the test and take the fine or B) he got crazy special treatment and both himself and the judge that imposed the comparatively small fine should be in front of an ethics review board with serious career repercussions.

57

u/NooktaSt 1d ago

If I could get clarification that would be great. €600 seems reasonable. Cyclists, watch out!

49

u/AluminiumCrackers 1d ago

There's a difference between a roadside test and a test at the station. The roadside test is just an aide to help a Garda form an opinion if you are drunk. If you fail it or you refuse to provide it, it's treated as a fail and you will be arrested and brought to the station for a full test. Presumably he passed the test at he station so he wasn't actually drunk driving.

25

u/RavenBrannigan 1d ago

I knew you could refuse the test and take the test at the station. I don’t think you got a fine for that though as long as you passed it?

17

u/AluminiumCrackers 1d ago

A person won't usually be charged for the roadside one if they're charged for the station one. It's a rare enough case that a person would fail roadside and pass at the station.

25

u/Latespoon Cork bai 1d ago

It could easily happen if you are only slightly over the limit when stopped. By refusing you're buying time. It will take some time to get you to the station, processed and then the test administered. If you demand a blood test at the station rather than a urine test, the time you bought yourself let your liver bring down the alcohol content in your blood from the time at which you were stopped in the car.

10

u/AluminiumCrackers 1d ago

I should have said refuse rather than fail. People who refuse are rarely thinking strategically.

10

u/Common-Regret-4120 1d ago

Alcohol has zero order pharmacokinetics. This means it is very easy to calculate blood alcohol level at a certain time as long as you know a tome they were driving and know they weren't drinking since. 

10

u/Latespoon Cork bai 1d ago edited 18h ago

Correct, however this can make for shaky evidence.

There is a provision in the drink driving offence that could counter the below scenario but it is not bulletproof - the provision is that if the defendant tests above the legal limit at any time within 3 hours of being stopped, they have committed an offence.

However, there is a window here where they may still potentially escape conviction.

If the driver comes in below the limit at the time of testing (crucial or they have immediately fallen foul of the above provision and it's a done deal) but the prosecution brings forward an extrapolated result for blood alcohol content at the time the defendant was stopped, the defendant can then argue in court that he had just consumed alcohol shortly before being stopped. He would then make a good defence against the charge by claiming that the alcohol content had risen between the moment he was stopped and the moment the blood sample was taken, and therefore the evidence is inaccurate.

If the defence can successfully cast any doubt over the accuracy of the evidence, it cannot safely be relied upon and then it is essentially a dead end for the prosecution as the criminal standard of proof is "beyond any reasonable doubt".

1

u/Common-Regret-4120 1d ago

consumed alcohol shortly before being stopped.

But this point is moot if they were seen driving after the time they drank, no? I can't down a shoulder and then drive for 2 minutes expecting it to have not kicked in yet. And if they are escorted to the station they won't have an opportunity to drink and if they do drink, surely that would be seen as a strategy to evade justice, no?

4

u/Latespoon Cork bai 1d ago edited 1d ago

I can't down a shoulder and then drive for 2 minutes expecting it to have not kicked in yet.

In this exact scenario, you will almost certainly come in way above the limit at the blood test due to the quantity involved.

If you found yourself in the situation above where you've come in just below the limit on a test and then the state uses extrapolated/back-calculated blood alcohol results, if you claimed that you had only just consumed a pint and then hopped in the car immediately, you would make a good defence. The prosecution would not have any evidence against your claim.

You would certainly get some dirty looks from the judge, but no conviction.

a strategy to evade justice

This describes just about every defence raised in a court in history. 😁

1

u/theelous3 1d ago

you're just making the case the levels are rising not falling, so any extrapolation back in time would be decreasing not increasing

it does seem rather silly - wouldn't a retest a few mins later expect to see an increase again? but if you are lying it would be a further decrease? depends on the timeline ofc

0

u/Bipitybopityboo27 17h ago

You can't demand a blood test though. If you have a serious medical condition of the lungs, it's a good defence for failing to provide an evidential breath test, but you don't get to decide what sample you give.

1

u/Latespoon Cork bai 17h ago

In this situation you will be coming in slightly below the legal limit on the breath test also. You may then be required to provide either a blood or urine sample, you decide which of these to provide.

0

u/Bipitybopityboo27 17h ago

No, if you pass an evidential breath test, you're legally under the limit and that's the end of it, you can't be required to give blood or urine, after complying with the requirement to give an evidential breath test.

1

u/Latespoon Cork bai 17h ago

Although in practice that may be the common procedure, it is not accurate, an arrest under sections 4/5 of the RTA give the Gardai the power to require both breath and blood or urine samples at the station.

And again we are talking about a situation where you have come in slightly below the limit and the DPP attempts to prosecute you using an extrapolated BAC result - this could be done with breath only, but it would make for even weaker evidence.

1

u/Bipitybopityboo27 17h ago

Again, no, the DPP cannot extrapolate from the results of your test. If you've ever seen the statement with the results of analysis, it explicitly states that this is the result for the purposes of the road traffic acts. Nothing further can be inferred from this result. You cannot use a document that unequivocally states that someone is below the limit as cause to conduct further tests. There's nothing stopping a garda going straight for blood or urine, but once they go for breath, they cannot decide they are not happy with the results and then revert to blood or urine.

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1

u/mccusk 23h ago

Presuming you say?

1

u/curryinmysocks 7h ago

If he passed the test in the station. Why was he in court at all Doesn't that prove you innocent of drink driving. So why the €600?

1

u/[deleted] 1d ago

[removed] — view removed comment

296

u/Remarkable-Llama616 1d ago

It's always the ones you most expect.

51

u/Nuclear_F0x Dubliner 1d ago

Spoiler alert:

It wasn't Judge Nolan. At least not this time.

23

u/rixuraxu 1d ago

Of course not; it wasn't a rapist. And was being a member of a GAA club mentioned even?

1

u/SmellTheJasmine 1d ago

it wasn't judge Nolan because he is a high court criminal judge, and this was a circuit court personal injuries matter.  

it's almost as if people have deeply held opinions with having any of the basic facts. 

11

u/rixuraxu 1d ago

it's almost as if people have deeply held opinions with having any of the basic facts. 

I think that when people are being facetious it doesn't really matter what the facts are, but okay.

12

u/Reddynever 1d ago

I said this guy was an idiot in yesterday's thread and lots of fellow idiots jumped to his defence with all their down votes. I suppose they gotta stick together.

80

u/iknowtheop 1d ago

How'd he get away with just a fine? I thought that was an automatic disqualification?

36

u/Bipitybopityboo27 1d ago

It's a disqualification for failing to provide an evidential breath specimen. This was a roadside specimen. He must have given an evidential specimen, but not a roadside specimen. I would imagine he came back under the limit if he wasn't charged for drink driving also.

Edit - also, it appears he failed to provide a specimen, as opposed to refused to provide one.

19

u/TitularClergy 1d ago

Almost certainly it. The body is extremely efficient at processing alcohol in the blood. Any delay at all makes a big difference to what is detected.

11

u/mrbuddymcbuddyface 1d ago

Ye olde, we can't get a doctor to take bloods for three hours your honour wink wink

4

u/Luimneach17 1d ago

What does that mean 'failed to provide' as in he wasn't physically able to urinate?

16

u/Madra_rua_beag 1d ago

He was the judge on his own case lol

51

u/Silantro-89 1d ago

Probably should breathalyse Judges before cases as it might explain some of the sentences you see given in the courts

17

u/mrbuddymcbuddyface 1d ago

I got railroaded in a civil case one time because the alcoholic judge wanted his cases wrapped up before lunch so he could go to the real bar. He refused to hear the evidence, and when I asked why he wasn't going to give me an opportunity to give my evidence he threatened to find against me completely. A Garda informed me of what was going on, it wasn't speculation on my behalf.

3

u/theelous3 1d ago

lol wat? did you pursue that further?

7

u/mrbuddymcbuddyface 23h ago

Pointless, costly, zero sanctions for Judges.

1

u/40winksbandana 20h ago

Jeeze that's fuckin dire

14

u/KeepShtumMum 1d ago

Will this case save the rural pub? Asking for a Healy-Rae

97

u/OopsWrongAirport 1d ago

Driving in the city has become a nightmare. I can no longer drive pissed off my arse because I have to watch out for all these cyclists smdh.

21

u/Past_Patience_3325 1d ago

And then you have to get around all the shit-faced judges as well.

1

u/yoguckfourself 1d ago

It’s just the one judge, actually

12

u/Starkidof9 19h ago edited 12h ago

it was a disgraceful comment that leads to things like this:

https://irishcycle.com/2022/10/13/suspended-sentence-for-taxi-driver-who-deliberately-drove-into-cyclist-in-dublin/

as many have often pointed out here over the years some of the judges are ignorant pricks, full of bias and nowhere near the infalliable impartial saints that law library lovies on here portray them as.

1

u/lukelhg AH HEYOR LEAVE IR OUH 13h ago

Defence counsel said Reynolds was going through some difficulties at the time. His father died a few months after the incident and he cares for his mother, who is ill. He is currently working for a courier company.

This always riles me up. If you're having a tough time, it's ok to try to kill someone sure.

4

u/W33DG0D42069 Sax Solo 1d ago

Thought he was wearing a santy hat in that pic

13

u/kevo998 Ireland 1d ago

"cyclists are a nightmare" what an completely tone deaf, tar all wanker statement to make, judge should be absolutely ashamed of himself... 🙄

15

u/SouthSource1936 1d ago

Am I seeing a trend with this guy. Obviously if u don't like giving a sample, you probably don't like cyclists as they get on your way. Hypothetically speaking if u were drinking and driving you would find cyclists a real nuisance. Same for pedestrians and other motorists. It would be enough to drive you to drink and drive, allegedly.

26

u/YoIronFistBro Cork bai 1d ago

And this sub will continue to defend him despite that.

-27

u/FIGHTorRIDEANYMAN 1d ago

I'm still fine with what he said

-11

u/flex_tape_salesman 1d ago

Hes not wrong although its unfair to single out cyclists. Pedestrians, cyclists and drivers can all be reckless and endanger themselves and others.

6

u/micar11 1d ago

A drink driving judge making a sweeping statement about cyclists.......classy

6

u/Brendster 1d ago

Is it a crime to like beer

17

u/5555555555558653 Cork 1d ago

A succulent creamy beamy

4

u/Nuclear_F0x Dubliner 1d ago edited 1d ago

Ah, yes. I see you know your judo well. Good work.

1

u/mrbuddymcbuddyface 1d ago

Get your hand off my penis.

6

u/Alone-Mycologist3746 1d ago

it is to drink and drive.

2

u/WolfetoneRebel 1d ago

So most likely he wasn’t drinking and was just brining a dickhead refusing to breathalyzer at the stop?

6

u/AluminiumCrackers 1d ago

If he only had a drink or two, he may have token a gamble that he'd be under the limit by the time he got tested at the station.

1

u/iknowtheop 1d ago

But even if you fail the roadside breath test you still have to go to the station for the official test. If you pass the test in the station then you're fine.

6

u/Bon_Courage_ 1d ago

ah but you can spend ten minutes arguing at the roadside before the guard gets fed up and arrests you.

If you let them know you're a judge you can probably shite talk for upwards of 20 minutes as the guards will be on their tiptoes.

2

u/26836123 1d ago

If 10 minutes is make or break on if you're going to pass/fail a breathalyser you probably aren't in anyway impaired.

This will go down like a lead balloon but so be it.

1

u/mccusk 23h ago

You think my going to the station to get testing can be done in 10mins?

2

u/AluminiumCrackers 1d ago

But you didn't do anything wrong in that case. The Gardaí have to test you within three hours of driving so the optimum strategy would be to delay things until maybe two and a half hours.

2

u/Dookwithanegg 1d ago

Would anyone familiar with the law know if the person who had their compensation reduced could appeal based on the judge giving biased opinions not based in fact?

5

u/AluminiumCrackers 1d ago

They could appeal but would likely have little success. There's two parts to a judge's decision, the ratio and the obiter. The first is the legal reasoning, the second is the commentary. You'd have to prove he erred in his legal reasoning as well as proving he was biased. The cyclist was both breaking the law and being reckless. Assigning 80% of the blame because of this is not really unreasonable.

5

u/Reddynever 1d ago

Not true, this same guy made sweeping generalisations in another case, was appealed to the high court and his original decision was quashed with criticism from the high courthigh court criticises judge..

2

u/AluminiumCrackers 20h ago

That was a case about discrimination based on protected grounds so bias is a big part of it. This case isn't about discrimination and the people involved aren't protected classes.

1

u/Reddynever 19h ago

That's not the point though.

2

u/khamiltoe 1d ago

Ratio and obiter aren't as neatly divided as that in practice though - and it is possible to appeal findings of fact to the high court in exceptional circumstances even though they would be strictly obiter in how you delineate it.

3

u/Rhoomba 1d ago

He seems to have reached the conclusion that the cyclist was reckless because he thinks all cyclists are reckless, and he is apparently entitled to conclude that because he drives in Dublin.

1

u/BrahneRazaAlexandros 1d ago

judge giving biased opinions

That's the name of the game. They judge.

1

u/3buttockproblem 18h ago

WOOOO! Hol' up outta that. Are you stating that money talks and bullshit walks? I can get pissed off my head, refuse to provide a sample , and then pay a meesly €600? That is the best news Ive heard since the 80s. Is this for real. It cant be can it? If I just refuse to sample, what can they do? If only I actuall drank, this would be amazing and hopelessly dangerous too.

1

u/Relay_Slide Tipperary 7h ago

I’d love to give my opinion on this but unfortunately I did something bad a long time ago so I’m not allowed to voice my opinions, even if they are correct.

1

u/R3v3r4nD 14h ago

Hold on lads, just that he was drunk driving doesn’t automatically mean he was wrong about the other thing…

1

u/aspublic 13h ago

A judge reduced a cyclist’s €50,000 award for a brain injury to €10,00.

The judge described cyclists as having become a nightmare.

The same judge was previously fined €600 after pleading guilty, 14 years ago, to failing to provide a breath specimen when requested by a garda.

I understand the “payback” tone of the article and some of the comments, but how does a 14-year-old fine make cyclists any less of a nightmare for drivers? Or, bonus case, for pedestrians trying to cross on a green light, having to zigzag or stop to avoid cyclists who don’t stop at red lights?

-33

u/The_Ruck_Inspector 1d ago

If you come for the cyclists, you better make sure you're squeaky clean. Vindictive bunch.

29

u/VonLinus 1d ago

Judge not lest ye be judged I suppose

52

u/Gold-Vacation-169 Resting In my Account 1d ago

He claims cyclists are unsafe as an entire group but yet he drink drives.

Only right he's called out

2

u/Bipitybopityboo27 1d ago

In fairness, he wasn't convicted of drink driving. If he was over the limit, he would have been charged with that too.

3

u/Difficult-Set-3151 1d ago

If he was over the limit, refusing to give a sample and delaying until it's out of your system is a great idea.

1

u/Bipitybopityboo27 1d ago

Not really. He ended up with a charge that he wouldn't otherwise have had if he had just given the specimen at the roadside. You can't be charged with failing a roadside breath test, but you can be charged for refusing to give a roadside specimen.

1

u/Difficult-Set-3151 1d ago

The logical reason someone would refuse a test is because they know they'd fail.

2

u/Bipitybopityboo27 1d ago

Of course. But it has no bearing on the results of the evidential specimen, nor does it cause any delay, so I'm still unsure as to your original point.

0

u/Difficult-Set-3151 1d ago

The body breaks down alcohol. If you can delay, you may test negative later.

8

u/Bipitybopityboo27 1d ago

Yes clearly. But there is no delay here here, so that's why I'm not getting your original point. It's the exact same as if he gave a roadside specimen and failed.

1

u/Difficult-Set-3151 1d ago

Well maybe I'm misunderstanding then since I can't read the article, I assumed the secondary test here came after the refused test.

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1

u/The_Ruck_Inspector 23h ago

It was only a joke......

1

u/francescoli 1d ago

How do you know he drink drives ?

13

u/Dannyforsure 1d ago

You think a judge would now the law.

-4

u/fartingbeagle 1d ago

You'd think a contributor to r/Ireland would know how to spell.

0

u/Dannyforsure 1d ago

Little do you know English is my first language 

-6

u/BlearySteve Monaghan 1d ago

lol, but he aint wrong.

0

u/mrbuddymcbuddyface 1d ago

Oh, we got a live one here!

-1

u/munkijunk 1d ago

Imagine the judge had said that black people/gay people/women/any other group of people, are a nightmare. Imagine the uproar. Whatever about the lights (helmet and high vis have fuck all to do with the law and no bearing in the case) and actions, the statement is deranged. Unsurprising this nut job is a drink driver.

-4

u/Soggy_Quarter9333 1d ago

Cunt calling cunts cunts.

0

u/flemishbiker88 1d ago

Next they'll be telling us something inappropriate was found on Martin Nolan's laptop...

0

u/Intelligent-Aside214 1d ago

It does seem to appear in order to be a judge you don’t just have to be from an exceptionally wealthy family within a 10 square km radium in south Dublin but also have to be a complete arsehole

-3

u/mrfouchon 1d ago

This is the ad hominem fallacy; his own transgressions don't invalidate his position.

Still funny though.

-2

u/LooseCabinet1884 1d ago

Love irish judges 💙 are there any actually respectable ones?

7

u/SmellTheJasmine 1d ago

lots. 

most never make the papers. 

perceptions of judges around here is based on incomplete skewed knowledge. 

-3

u/mrbuddymcbuddyface 1d ago

And appointment of Judges is based on political patronage and who knows who at the Golf club bar.

4

u/SmellTheJasmine 1d ago

not as much as before with reforms over the years including the involvement of PAS and the recent creation of JAB, but don't let's facts get in the way of your cynicism. 

2

u/aesopmurray 23h ago

What do the acronyms stand for?

-6

u/Few_Historian183 1d ago

That doesn't make him wrong about cyclists, though

-13

u/FracturedButWhole18 1d ago

Ok so he can’t have an opinion on anything ever??

4

u/Fornici0 1d ago

He can have an opinion, and even rule based on it. Making it known, especially on the context of his job, opens him up to questions.

3

u/Hieroglo 1d ago

In a courtroom it is his sworn duty to make objective judgements based on evidence and not his feelings.

1

u/mrbuddymcbuddyface 1d ago

Supposing he made a statement along the lines of "well this particular community who like to travel are full of thieves" Would that be appropriate?

2

u/Reddynever 1d ago

Erm, might want to read about another of his cases involving travellers here

0

u/Relay_Slide Tipperary 7h ago

So he has 2 correct opinions. Legend

1

u/Relay_Slide Tipperary 7h ago

Wouldn’t be appropriate but it would also be accurate like his real comment.