A Galway woman, who was caught behind the wheel of a car while holding a pint glass of Red Bull and vodka, and was abusive to gardai, punching one in the face and hurling insults at others, failed to contest the charges brought against her.
Carol Duffy (42 ) with an address at Lus Leana, Headford Road, denied resisting arrest at Eyre Square, refusing to provide a specimen, and assaulting Garda Fidelma McGrath at Galway Garda Station on November 5, 2010. However, following a lengthy hearing at Monday’s Galway District Court in which up to five gardai gave evidence under oath, Judge Mary Fahy concluded that the “extremities” of Duffy’s behaviour on the night indicated she had mixed alcohol with medication, and she fined Duffy a total of €1,150 and disqualified her from driving for four years.
Garda Gavin Brown gave evidence that at 3.18am while on mobile patrol in Eyre Square a car was observed exiting a disabled bay. Garda Brown observed that Duffy was behind the wheel and that she was holding a pint glass in her hand which contained a substance that appeared to be Red Bull and vodka. He added that Duffy’s speech was slurred and when he asked her if she had been drinking Duffy said that she had. When informed that she was going to be arrested on suspicion of drink driving Duffy became extremely aggressive and hostile. This behaviour continued as gardai attempted to arrest her. Garda Brown added that he was forced to handcuff Duffy for her own safety and the safety of himself and Garda Gerard Morrissey. At Galway Garda Station Duffy continued to be un-cooperative. Garda Brown added Duffy was extremely aggressive to all gardai present, that she told Garda Morrissey to “fuck off” and made a racist remark at another garda.
Garda McGrath then told the court that at 3.40am she and another garda escorted Duffy to the bathroom where she continued to shout and roar, and she was crying uncontrollably in the cubicle. Garda McGrath said that when Duffy went to dry her hands she started banging on the hand dryer.
When Garda McGrath told her it was not a towel dispenser Duffy fired back “you think you’re funny don’t you, you little bitch,” before lunging at Garda McGrath, punching her in the face, and causing her to fall backwards against a wall.
In giving evidence Garda Morrissey, a trained user of the intoxiliser machine, said that at 4.05am he took Duffy to the doctor’s room where he made a requirement for two samples, however, she refused. After cautioning Duffy that failure to comply with the requirement was an offence Duffy told him: “I’ll take my chances. No, I won’t blow in.” Garda Morrissey said that when he returned Duffy to the cell area she told him to “go fuck myself”.
Defence solicitor Valerie Corcoran said that her client had no recollection and that she had no intentions to hurt anyone.
She said her client been wearing her pyjamas at the time of the alleged offence, that she had not been drinking, and that in fact she had been suffering from a severe adverse reaction to medication.
When Duffy took the stand she told the court that she had been on Prosac for depression and had also been on Champix to help her give up smoking. When questioned by Inspector Mick Coppinger on whether she went against doctor’s advice and mixed her medication with alcohol, Duffy said: “I’m not a drinkier, I very rarely drink.” Throughout cross-examination Duffy continued to maintain that she had not been drinking, that it is highly advertised that Champix can cause a reaction and make a person violent, and that she had looked this up on the internet and wanted an answer herself.
A local GP then gave evidence that when Duffy was examined on November 9 “she was completely not herself”, was “scattered in thinking”, and was very upset. The doctor said that Duffy had doubled the dose of her Prosac medication because she had been feeling down, and that on top of the Champix the doctor was not surprised Duffy had been aggressive and hostile. “It took nine days before she was normal and functioning properly,” said the doctor.
Inspector Coppinger then put it to the doctor that she has no idea whether or not Duffy took alcohol and that someone who self medicates is very dangerous.
When asked what would happen if alcohol is taken on top of that level of medication, the doctor admitted that the affects would be worse and that a person who does this would not be fit to drive.
“I have five gardai here who smelled alcohol, in my view she mixed alcohol with medication, which is very disconcerting. Heavy medication mixed with alcohol would certainly have led to the extremities we have heard today,” said Judge Fahy before convicting Duffy. Leave to appeal was granted.
