A pub owner beat a drink-driving charge in court yesterday because a garda got one word wrong.
Mr Charlie Chawke, who owns a chain of public houses including the Goat Inn at Goatstown, Dublin, gave motorcycle garda Garda John O'Connor two addresses on the night his car was stopped.
He had been suspended from driving for six months after conviction in the District Court.
Judge Katherine Delahunt overturned the conviction yesterday on appeal to Dublin Circuit Court.
Mr Chawke told Garda O'Connor he lived at Priory Lodge, Grove Avenue, Blackrock, Co Dublin, but later changed his address to Shanagarry Apartments, Milltown, Dublin.
Garda O'Connor said that at 2 a.m. on October 13th, 1999, he saw Mr Chawke's car stop in the middle of the road for no reason at green traffic lights in Dawson Street, Dublin.
He followed him around citycentre streets before stopping him in Westmoreland Street.
He asked him to get out of his car and noticed a strong smell of drink.
Garda O'Connor arrested Mr Chawke and took him to Pearse Street Garda station where he required him to provide a sample of blood or urine for a garda.
In doing so, he cautioned him to the effect that failing or refusing to comply "forthwith" would constitute an offence under the Road Traffic Act.
Mr Roddy McGilligan, for Mr Chawke, said no offence could have been created by Mr Chawke not complying "forthwith" to give a blood or urine sample since the word "forthwith" did not appear in the caution in relation to the giving of blood or urine samples.
Judge Delahunt said she would overturn the conviction.
She said the Road Traffic Act laid down strict proofs and Mr Chawke had been misinformed he would commit an offence by failing to comply "forthwith" in providing the samples requested.
The court had heard that a urine sample which Mr Chawke had provided revealed 146 mg of alcohol per 100 ml of urine, which was just over the limit.