The case involving a Ballina man who was arrested after he was suspected to be driving under the influence of an intoxicant was heard at Ballina District Court this week.
Garda Mark Kilbride outlined that on February 11 2010, while on mobile patrol in the St Patrick’s Estate at 11.45pm, he observed a car swerve onto a footpath, have its lights turned off and come to a stop.
Thomas Moyles, 41 Castlefield Manor, Ballina, was the driver. There was also a passenger in the car.
Garda Kilbride smelled cannabis coming from the car. He asked Moyles if he had consumed an intoxicant. Moyles answered “no”. From this answer, Garda Kilbride said that Moyles’ speech was slurred. The garda noticed that the defendant’s eyes were dilated and that the defendant was unsteady on his feet when he exited the car.
Garda Kilbride then arrested the defendant on suspicion of driving while under the influence of an intoxicant.
After Moyles was arrested he was placed in the Garda car, the defendant’s car was searched under the misuse of drugs act, however nothing illegal was found, only tobacco and Rizzla papers.
The defendant did not have insurance for the car he was driving that night.
A urine sample was provided at the Garda station. It was sent for analysis which showed there was no alcohol in the defendant’s urine, however the specimen showed a presence of cannabis.
Solicitor Peter Loftus said that the garda could not have formed his opinion that Moyles was driving under an intoxicant from the smell of cannabis, as this could have come from the passenger. The solicitor also said that Moyles only said “no” to the garda, from which an opinion could not be formed that the defendant’s speech was slurred. Mr Loftus said that the defendant’s pupils were dilated as a torch was shone on them. The solicitor said that from this evidence the garda could not have formed his opinion which led to the arrest of the defendant.
Judge Mary Devins said that she would like to consider the case and the judge said that she will make her decision on April 12.
