Urine a Good Place, or Pees Be with You Two: Ripped from the DUI Files of County Kerry

micturate - from the Latin: to urinate

The Law is Merciful and as blind as the Judge doling it out it seems. Here is a case for consumption . . .perhaps that was it's cause from the DUI Page of The Kerryman!
Drivers saved by the steam of their pee

By KEVIN HUGHES


Wednesday November 19 2008

TWO drink driving cases were thrown out of a Kerry court last week after the presiding judge ruled that the steam of the drivers' pee could have affected their alcohol readings.

Timothy O'Sullivan, of 12 An Turinn Linn, Milltown, and Patrick Keane, of Dromore, Farranfore, were last week before Killorglin District Court on separate charges of drink driving.

The law requires that a person suspected of drink driving must be observed by a garda for 20 minutes before being breath tested at a garda station. They must not take anything by mouth during this period.

Based on their legal requirement, Judge James O'Connor ruled that when each defendant went to the toilet at the garda station, they could have inhaled steam from their urine, making the observation period and the 'nil-by-mouth' rule null and void.

Solicitor Padraig O'Connell confined his defence to the observation period, arguing that both clients had used the toilet to urinate, thereby interrupting the 20minute period. It was suggested that a new 20minute observation period should have commenced upon their return from the toilet.

Sgt English told the they were using the urinal.

The court was told that Mr O'Sullivan, who returned a breath alcohol reading of 57mg on February 2, had used the urinal seven minutes into the observation period.

Mr Keane, who had requested the toilet after the first minute of the observation period, returned a reading of 37mgs when tested on May 5. The reading was just two milligrams over the legal alcohol limit.

The defence argued that observation at the urinal was of the defendants' backs, and that the garda could not see their mouths at the time.

Mr O'Connell also queried what the precedent was when a female was involved. Sgt English responded that the observation period would have to begin again and agreed that he would do this in future.

In giving his decision, Judge O'Connor stated that the purpose of the 20-minute period is to ensure nothing is taken by mouth that may affect the reading.

"Nil by mouth is the same as nil by nose," the judge stated. "When he is urinating he is inhaling vapourised alcohol and there's always steam off it."

Judge O'Connor then commented that the point comes up time and again. "If the State did its work we wouldn't have to do this each time," he added.

- KEVIN HUGHES

de fide et officio iudicis non recipitur quaestio

Alaister McLean Studge - The Kankakee Naturalist

Alaister McLean Studge of Custer Park, Illinois could Texas Rig his line for Smallies on the Kankakee River within eight seconds, unless, as a matter of course, he had spent the morning at Park Package Liquors in Altorf, the 102 Tap ( Now T.J. Doolins in Bourbonnais), or had Peach Schappsed his breakfast.

This Kankakee River fisherman served as a River Guru for my pal Charlie Olson, cousin Willie Winters and me on our many forays to hook 'em in the mouth on the Mighty Kankakee. From the 102 Bridge and Warner Road to the Wilmington Dam we waded and night lined our way into gilled ecstasies with Zebcos, Shimanos and Shakespeares depending upon the landscape.

Alaister never changed with the times and practiced his drunk driving with an outlaw's disdain for the passing of ages, morals, Laws and sensibilities and finally had his license to drive in the State of Illinois Revoked.

That did not stop the plucky outdoors man from harrowing Nature's treasure trove. He continues to fish and hunt and trap along the North flowing Kankakee.

Recently Alaistar bagged a buck and brought his trophy home, strapped across the front of his vehicle. The Photo above shows the triumphant pioneer making his way home from the fields and forests around Papineau, Illinois wheeling the many miles to Custer Park with meat for his rustic locker on the west bank of the Kankakee River.

God speed Alaister and Happy Holidays! Do not Drive! Never Drive under the influence of Alcohol or any other Substance! All of Us! Road Loading has gone the way of the carburetor

You may see this River Ranger in and out about Kankakee County and if you are lucky he may impart the words so often related to Charlie Olson, Willie Winters and me as we learned the sylvan rites:

'Stay on the right; the water's wetter, but don't let them dang bugs up much for air'll the smallies will 'spect something. Wonder Bread's good alot , but Lord Clavert's better - Here Boy! - May The Lord ( Canadian Lord Calvert)be With You! Tug it up! What's your problem? Huh, You Better'n me? Smart Ass College Not Know Doodly? Huh? I love you Man. Think I wet myself.'


Photo of Alaister McLean Studge courtsey of Mike McQuade - California Naturalist, Tobbaconist, Jeweler's Eyed Judge of Toothsome Wenches and Hops Aficionado.