A man accused of being in charge of a motor vehicle with excess alcohol in his breath has had the case against him dismissed after a judge ruled the vehicle was not in a public place.
Constantin Valentin Albu (52), of Galgorm Road, Ballymena, was alleged to have committed the offence at his address on May 27 this year.
He contested the charge and, recently, at the end of the prosecution case during a court contest a defence lawyer made an application for a direction for the judge to throw the case out on the grounds that the prosecution had been unable to prove the alleged offence occurred in a public place.
The case was adjourned to Ballymena Court on October 11 where District Judge Nigel Broderick said that he had examined photographs and had given careful consideration to the matter.
He said his view was that he could see no distinction between a private driveway and the location where the defendant’s vehicle was located.
“My view is that this is not a public place,” added the judge, who said it was akin to a private driveway servicing apartments.
The defendant had been represented by Gordon McIlrath & Co.