'Clearly intoxicated' man found asleep at the wheel of his van in Cork pub carpark avoids conviction

A Cork man who was discovered in an intoxicated state in his van in a pub carpark in the early hours of the morning has avoided a conviction for being in charge of a mechanically propelled vehicle while intoxicated. 

Inspector Tony O’Sullivan told Macroom District Court that Daniel Long, aged 44 of Clonfadda, Macroom, Co. Cork was contesting the charge.

Giving evidence, Garda Heather Chandler said she was on patrol with Sergeant Kieran Crowley in the early hours of December 14, 2024, when they came upon a blue transit van in the carpark of the Carrig Inn, Carrigadrohid, Co. Cork after 3am in the morning. Gda Chandler said the van’s lights were flashing and the engine was running and revving.

A male — identified as Daniel Long — was in the driver’s seat and was asleep when the gardaí approached him. The court was told that when the driver’s door was opened there was a strong smell of alcohol and when Long woke up he was slurring his words.

Gda Chandler said she formed the opinion that Long was intoxicated while in charge of the vehicle in a public place with the intent to drive the vehicle or attempt to drive the vehicle while under the influence and he was arrested. 

Sgt Crowley told the court that when they approached the vehicle Long was asleep and “slumped into the passenger side,” and that he was “clearly intoxicated”.

Giving evidence, Long told the court that he had an argument with his partner and had gone to the Carrig Inn where he was drinking for most of the evening. He said he had no intention of going home as he was not wanted in the house. 

Long said he had woken at 1am and turned the engine on to keep warm as it was a cold night. Long said he was an electrician and could not afford to lose his licence.

Inspector O’Sullivan said Long’s breath alcohol reading on the night was 99 mg per 100 ml where the legal limit was 22 mg and with a reading so high he couldn’t “really know what was happening that night”.

Long’s partner, Jade Lynch, gave evidence that she had asked him to leave their home following the argument. She said Long was returned home by gardaí at 5am at which she was “furious” and she left herself with her children to go to a relative's an hour later.

Defence solicitor, Pat Horan, said the allegation that Long had the intent to drive the vehicle or attempt to drive the vehicle was contradictory. He said there was either an intent or an attempt to drive but it could not be both. Mr Horan said an intent to attempt to do something could not be proved.

Judge Joanne Carroll adjourned the case to consider her verdict. At a later hearing in Bandon District Court Judge Carroll said being drunk in charge of a vehicle presumes the intent to drive it. She said it was established that Long was in charge of the vehicle at the time he was arrested.

The judge added that she was satisfied that there had been a domestic argument and noted that when Long was dropped home by gardaí his partner left with her children soon afterwards. She said based on the evidence she had a doubt as to whether Long intended to drive the vehicle and dismissed the case.

The judge concluded: “He came very close to losing his licence. There has to be a better way for him to resolve his issues.”

This article is funded by the Courts Reporting Scheme.