An appeal to a drink driving case that has been declared as a having a “unique nature” has been lodged.
Aaron Galbraith appeared before Ballymena Magistrates’ Court, charged with a single offence of drink driving.
Mr Galbraith’s defence was based on his evidence that he had not been drinking but had been using an e cigarette before he was breathalysed.
Mr Galbraith had originally been stopped by police as he was giving a friend a lift home after they had been to the cinema.
He was breathalysed and gave a reading which was twice over the legal limit.
The Magistrates rejected Mr Galbraith’s defence and he was convicted of drink driving. Owing to a 10 year old drink driving conviction, he was disqualified from driving for 3 years.
In a statement he gave to the press after the trial he reiterated that he had not been drinking. He went on to say that he only drank 4 times a year and on this occasion had merely been vaping before he was breathalysed.
Galbraith also stated that because of his earlier drink driving conviction, he would never have got behind the wheel had he taken a drink.
In lodging the appeal, Mr Galbraith’s legal team stated that “new scientific evidence” would be presented at the hearing.
After considering the application, the judge commented on the “unique nature” of the case.
Galbraith has been allowed to continue driving in the meantime.
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