Limerick motorist who ‘made a joke’ of drink-driving test put off the road
A MOTORIST who was “laughing” and “made a joke” out of drink driving procedures was put off the road for four years at Kilmallock Court.
Linda Collins, aged 38, of Carton, Slanemore, Mullingar, Co Westmeath pleaded not guilty to two charges - failing to give a breath sample and failing to give a blood / urine sample.
Garda Sean Troy said he was on duty in Abbeyfeale on February 7, 2020 at 11.10pm when he received a call on the garda radio.
“I went to Convent Road, Abbeyfeale. I observed a white KIA Ceed. I signalled for the driver to stop which they did. The defendant’s speech was slurred and her eyes were glazed. I formed the opinion that she had consumed an intoxicant,” said Garda Troy, who asked her to perform a roadside breath test.
“She made fun of the situation. She was laughing. ‘Are you serious?’ she asked. She wouldn’t listen to my instructions.
“She kept pulling away from it. The machine was able to take a reading which was fail,” said Garda Troy, who arrested Ms Collins on suspicion of drink driving.
At the garda station, the garda said he performed a mouth swab during the mandatory 20 minute nil by mouth period as he believed Ms Collins may have consumed drugs. The test was negative.
In the intoxalyser room, he said Ms Collins wouldn’t listen to what he was saying.
“She was interrupting me, laughing, made a joke of the procedure, she was pulling the mouthpiece away from her mouth. The machine has a certain time period. It timed out,” said Garda Troy.
After failing to provide a breath specimen Garda Troy said he asked Ms Collins if she wanted to give a urine or blood sample. Garda Troy said she chose urine. A doctor was called. The garda had earlier told the court Ms Collins had used the bathroom on arrival at the station.
“She went to the toilet with Garda Leeanne McCarthy. Afterwards, Ms Collins said she was unable to provide a urine specimen. I requested she give a blood sample to the doctor. She would not give blood,” said Garda Troy.
The next witness was Garda McCarthy who said Ms Collins was “laughing at the process” in the ladies toilets.
Darach McCarthy, solicitor for Ms Collins, said his client suffers from mental health issues.
Mr McCarthy asked Garda Troy if she indicated she was “not well?”
“No,” said Garda Troy.
“Was a fear of needles indicated?” asked Mr McCarthy in relation to the blood specimen.
Mr McCarthy made two applications to Judge Patricia Harney for the case to be dismissed. He argued that the 20 minute nil by mouth period is “sacrosanct” yet Ms Collins was asked to comply with a mouth swab which she did.
“Her mouth was interfered with,” said Mr McCarthy.
The solicitor also said the arrest of Ms Collins on the suspicion of drink driving was not lawful because there was no evidence of the improper control of a vehicle.
Judge Harney refused both applications and found Ms Collins guilty of the two charges.
In mitigation, Mr McCarthy said his client has had a huge amount of difficulties and handed in a letter from her doctor to the judge.
“There are mental health concerns. She is very sorry for her behaviour. It can’t be explained,” said Mr McCarthy.
Ms Collins was disqualified from driving for four years and fined €750.
Recognisance was fixed in the event of an appeal.