A man who had been found sitting in his car with the engine running after smoking cannabis failed to contest charges against him and was fined €1,200 for intent to drive while under the influence of drugs at Galway District Court this week.
Michael O’Carroll (29 ) with an address at 54 Innishannagh Park was summoned to court for intent to drive while under the influence of an intoxicant to such an extent as to be incapable of being in control of the vehicle and for being in possession of cannabis resin at Rahoon Cemetry on October 1, 2007.
Garda Sandra Waldron told the court that at 10.10pm she had been on patrol with Garda Gerry Dunne at Rahoon Road when she observed a man in the defendant’s car “shuffling his hands” and the driver’s window was down. When she approached the vehicle she observed a brown substance on the ground and the defendant admitted throwing the cannabis on the ground and that it was for his own use.
Garda Dunne then gave evidence that they observed three cars and a small public order incident arose. He said that defendant’s car, which had been facing the cemetry gates, still had the engine running when Garda Waldron approached and the keys had been in the ignition. He said that he had heard Garda Waldron caution the defendant after she picked up the substance. He said that the defendant’s eyes were bloodshot and his speech was slurred but he added that he could not smell alcohol on the defendant’s breath. Garda Dunne then asked O’Carroll had he smoked cannabis that day to which he replied that he had. When asked if he had driven to the cemetery O’Carroll told Garda Dunne that he had and that he had intended to drive home. Garda Dunne said that at this point he formed the opinion that the defendant was under the influence of drugs. The court then heard that samples taken at the Garda station tested positive for cannabis.
Defence solicitor Sean O’Cearbaill argued that the custody records were incorrect and that there had been a delay in samples being sent off for testing. He also argued that Garda Dunne had not cautioned the defendant before questioning him about using cannabis that day.
Judge Haughton said that Garda Waldron had cautioned the defendant and that this was done in Garda Dunne’s presence before he had asked the question. He said that he was not prepared to dismiss the case on that basis. The judge then warned that it was “extremely imprudent” of gardai not to maintain correct records. However, he said that there was no suggestion that any rights were abused or denied.
Regarding the drugs tests, Judge Haughton said that the Medical Bureau does one analysis and then a sample goes to a laboratory in England so that they can be compared. He said that was the reason for the delay.
For driving under the influence of an intoxiant the defendant was fined €1,200 with five months to pay and ordered to pay expences of €90. He was also disqualified for four years. For possession of cannabis, he was further fined €100 with five months to pay.
