Ban for haulage driver after conviction for drug-driving in Limerick village
A HAULAGE driver has been disqualified for a year after he was convicted of drug-driving.
Patrick O’Flynn, aged 31, who has an address at Moyvane, Listowel, Kerry was before Newcastle West Court arising from a detection at Church Road, Croom on October 28, 2020.
During a contested hearing, Garda Leanne McCarthy said she was operating a MIT checkpoint at 8.20pm when she stopped a black Volkswagen Caddy being driven by the defendant.
She said while dealing with Mr O’Flynn, she detected a “strong smell of cannabis” coming from the vehicle.
A roadside test was carried out and after a positive result was returned the defendant was arrested. He later provided a blood sample which, following analysis, was found to be over the legal limit.
Being cross-examined by barrister Suzanne Lewis, Garda McCarthy said while a small quantity of cannabis was found in the vehicle by a colleague, this was not the reason she decided to carry out a roadside test. She said the smell of cannabis and the defendant’s ‘weary eyes’ were the basis for her decision.
Referring to contents of her official garda notebook, Ms Lewis put it to Garda McCarthy that the reference to the cannabis smell was not noted until after her note regarding the roadside test.
“It wasn’t until afterwards that you noted it,” she said, suggesting there was no lawful reason for her to carry out the roadside test.
Ms Lewis also put it to the garda that no evidence was given that her client had not consumed food or drink or smoked in the ten minutes before the roadside test was administered.
Interjecting, Inspector Padraigh Sutton said the ten minutes was a guideline rather than a legal requirement.
Seeking to have the charge dismissed, Ms Lewis submitted her client’s arrest was ‘invalid’ as it was grounded on an unreasonable opinion.
Judge Carol Anne Coolican disagreed and she formally convicted Mr O’Flynn. In addition to the mandatory driving ban, a €500 fine was imposed.