An eight year disqualification and an 11 month prison senstence was imposed on a Ballybane man who drove while under the influence of cannabis and for drink driving and having no insurance just a few months later.
Christopher McDonagh (27 ) with an address at 11 Rocklands Avenue, Ballybane, appeared at Galway District Court on Monday where he pleaded guilty to possession of cannabis, drug driving, and driving without insurance at Murrough, Galway, on January 6, 2010, as well as drink driving, driving without insurance and a driving licence, and failure to produce both documents at Castlepark, Ballybane, on September 2, 2010. A charge for dangerous driving was withdrawn.
Inspector Ernie Whyte told the court that on January 6, 2010, at 7.40pm the defendant’s car was stopped at Murrough and he was brought to Galway Garda Station where a blood sample was taken. The analysis of the sample showed that it contained cannabis and he was charged with drug driving. When searched gardai found McDonagh in possession of €5 worth of cannabis. On September 2, 2010, at 1.20am the gardai were conducting a checkpoint on the dual carriageway at Ballybrit when the defendant’s car overtook the patrol cars and he was later arrested on suspicion of drink driving and gave a intoxiliser reading of 40mgs of alcohol per 100ml of breath.
The court heard how McDonagh has 57 previous convictions including a three year sentence suspended for 18 months for burglary, a 10 month sentence for theft in 2004, and more for road traffic offences seven of which were for driving without insurance and six for dangerous driving.
Defence solicitor Alma Whelan stressed that a lot of the previous convictions go back some time “when he was very wayward”. She then made an application for any sentence being imposed to be put back as McDonagh’s wife is expecting a baby.
“That application is refused,” said Judge Mary Fahy brusquely. Regarding the drink driving offence, Ms Whelan explained that her client had had an argument with his wife on the night in question and that he “accepts it was foolish”. She added that on the January 6 incident McDonagh had a joint but was not an habitual user.
“Everytime he has a family disagreement he either drinks or drug drives,” said Judge Fahy before convicting McDonagh and imposing a total of 11 months and a disqualification from driving for eight years. Leave to appeal was granted.
