Albert Robinson, from Mullaghan in Convoy, Co Donegal, was stopped by gardaí in Convoy, on 12 February last.

He had been spotted colliding with the ditch and was pulled over.

The 68-year-old immediately admitted having a few drinks.

When breathalysed, Mr Robinson sucked on the apparatus instead of blowing into it and a reading could not be taken.

He was taken to Letterkenny Garda station, but he also failed to provide a specimen of his breath there.

Solicitor for Mr Robinson, Frank Dorrian, said his client was a pleasant man and that it was sad that he found himself in such a situation for a second time.

Letterkenny District Court heard how the accused man had a similar conviction dating back to 2007.

Judge Paul Kelly fined Mr Robinson €300 and banned him from driving for four years.

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