'Unless water can be considered': Former Senator James Heffernan denies driving under influence
A former Labour Senator has denied driving under the influence and said he did not provide a breath sample as the correct sections of the law were not read out to him.
James Heffernan of Main St, Kilfinane in Co Limerick, also said he was not under the influence when he was stopped by gardaí in the Co Cork town, “unless water can be considered”.
Mr Heffernan, 39, contested two general elections for Labour as well as serving in the Seanad and also contested the 2016 general election for the Social Democrats.
Bandon District Court heard that he had already been charged with failing to provide a blood specimen for a doctor at the Garda Station after his arrest in Macroom on 15 June last.
A bench warrant had been issued for his arrest after he failed to appear at a previous court date. He was present in court in Bandon where Judge James McNulty heard that he had now been charged with thee further offences arising out of the same alleged incident.
Garda Aine O’Regan told the court that she put the three new charges to Mr Heffernan that morning.
To one of the charges, that if failing to provide a breath sample at the roadside, his reply was “They were not the sections outlined by the Garda at the time.
“I had no problem doing the test but I could not because it would be unlawful because the Act was not outlined.”
Regarding a charge of being under the influence at the time he said: “I was not under the influence unless water can be considered.”
As to a charge of careless driving, Mr Heffernan said: “I did not contravene any road traffic law.” Mr Heffernan told the judge that he was not currently working and legal aid was granted.
Judge McNulty remanded Mr Heffernan on continuing bail to appear before Macroom District Court on July 17, at which time Mr Heffernan is to indicate which way he will plea.
