Retired paramedic in Tipperary who mixed alcohol and sleeping pills banned from driving

A retired paramedic has been given a driving ban and a €1,500 fine for a case from 2020 at Thurles District Court.

James Duggan (58) of Graigue, Ashia, Urlingford was charged with drink driving and dangerous driving on July 24, 2020 on the Bohernamona Road in Thurles.

Mr Duggan admitted to mixing sleeping pills with alcohol before driving.

But he argued that the guards should not have collected evidence while he was injured.

CRASH

Witness John O’Dwyer told the court he was on his way home through Thurles on the night of the incident when he observed a transit van in front driving with no lights.

He said they drove over the bridge at the castle and onto Cathedral Street “slowly.”

The driver of the van hit a curb and crossed over the other side of the road.

Mr O’Dwyer said he flashed his lights to alert the other driver but did not catch his attention.

As they were driving along, the van hit a pier at the house and came to a stop. Mr O’Dwyer said he got out of his vehicle, checked on the driver, removed the keys from the ignition and called the guards.

Mr O’Dwyer told the court that it was his impression that the defendant “had a few drinks in him.”

Mr O’Dwyer filmed the incident on his phone and gave the footage to gardaí after the crash.

CCTV

Two pieces of CCTV and the camera phone footage were shown to the court.

The CCTV footage showed a white transit van driving down Cathedral Street with no lights on followed by a pick-up.

It swerves and drives over the middle white line before swerving left, colliding with a pier.

The phone footage taken vertically from behind shows the van driving slowly with no lights on.

The person taking the footage says “Jesus” before the van crashes into a pier.

PATROL

Garda Claud O’Carroll told the court that on the night of the incident, he was on patrol in the Thurles Garda station vehicle.

He received a report of a van “driving dangerously” in Rossestown Thurles.

He went to the scene at around 11:30 pm where he found the van stationary having collided with a pier.

Garda O’Carroll told the court there was “considerable damage” to both the vehicle and the pier.

The guard said he checked on the driver and asked him if he wanted an ambulance which the driver refused.

The investigating guard said that as the man was giving his details he observed that his speech was slurred and he did not seem “steady on his feet.”

He asked for the driver’s licence which he told the guard he did not have with him at the time.

Garda O’Carroll formed the opinion that the driver may be intoxicated and performed a roadside breath test.

The first attempt resulted in the machine issuing a notice of “insufficient volume.”

The driver successfully gave the sample on the second attempt but it failed the test.

The guard arrested the defendant and took him to Templemore Garda Station.

CHEST PAINS

At the station, a trained guard carried out a breath test using the Evidenzer machine.

Before that test can be completed a 20-minute observation period must be carried out.

Following that period and as he was to give the sample, the court was told the defendant began complaining of chest pains.

One of the guards present went to call an ambulance but the defendant “resisted” and said he did not need one.

He told gardaí that the pain was gone and as he was a former paramedic he knew he did not need an ambulance.

The court heard he then agreed to give a sample which resulted in 64 micrograms of alcohol per 100ml of breath.

INJURIES

Acting for the prosecution, Inspector James White of Thurles Garda Station asked the investigating gardaí if he observed any injuries on the defendant at the scene.

The guard said he didn’t and the defendant only complained of pains at the station. Because of the man’s training, the guard said he let it go.

“An ambulance was called for him but he was adamant he did not need it,” said the guard.

Acting for the defence, Pádraig de Búrca BL asked the guard if he was concerned about the first attempt at a breath sample.

The guard said no. He said the defendant told him he was tired and his speech was slurred.

He asked if it was possible the man could not give a sample because he was injured.

The guard responded that he didn’t appear so but he did not know.

“I don’t believe so,” said the guard. The solicitor asked if the guard noted any medication like sleeping pills or antidepressants.

The guard said no. The only indication they were given of a medical condition was his complaint of chest pains.

“He was asked a number of times if he was sure. He stated he was a retired paramedic,” said Garda O’Carroll.

FRACTURED RIBS

Mr de Búrca said: “I put it to you that didn’t happen.”

He argued that his client left in an ambulance and later found out he had two fractured ribs.

Mr de Búrca said that as his client was clearly injured, the gardaí should have stopped the collection process.

The guard rejected the argument saying the defendant said he was fine.

“I put it to you that did not occur. The only logical excuse that he left in an ambulance was that he had chest pains and you continued to process,” said Mr de Búrca.

FALLING ASLEEP

Garda Power told the court that she was the trained member in charge of the Evidenzer machine.

She said she observed the defendant falling asleep and his speech was slurred during the observation period.

But she also said that he appeared to understand when she explained the process to him.

She confirmed she was in the room when Mr Duggan began complaining of chest pains and that another member called an ambulance and the defendant refused to accept medical assessment.

She said she was not made aware of any other medical reasons to stop the test. Nor did she know he had been involved in a collision.

Mr de Búrca said the gardai should have taken his client to hospital and taken blood and urine but they did not.

He argued that the member in charge should give evidence in court as to why that was not done.

However, Judge Catherine Hayden said it was clear that evidence is that Mr Duggan refused to go to the hospital.

Mr de Búrca said he did not believe that was true.

SLEEPING PILLS AND ALCOHOL

Mr Duggan in his evidence told the court that he had taken sleeping tablets and had consumed alcohol before driving.

He said he remembered the accident and that afterwards he was lightheaded, had a sore chest and that he was short of breath.

This he said is why he failed to give a sample at the roadside on his first attempt but confirmed he did not inform the guard at the scene of his symptoms.

“I can only presume my head hit the steering wheel and the sleeping meds I had taken were taking effect,” said Mr Duggan.

Mr Duggan told the court that he did inform gardai at the station but was told that if he did not provide a sample he would be banned from driving for four years.

He therefore had no choice but to try despite his injuries.

“I wanted to be as cooperative as possible but I was under pressure,” said Mr Duggan.

Mr de Búrca attempted to put the doctor’s report in evidence but the judge would not allow it because it was not presented before and there was no expert to verify it in court.

Mr de Búrca said it is his client's records.

“That might be so but if the guards had wanted to produce something without an expert you would object,” said Judge Hayden.

Inspector White asked the defendant if he had been asked about medication by gardai at the time of the incident.

“I cannot verify that or deny it,” said Mr de Búrca.

Inspector White asked if it was “good practice” to mix alcohol and sleeping tablets.

The defendant said it was not and that he had been told not to.

But that as he had been drinking, he was not “compos mentis” and that he did not recall refusing the ambulance.

Inspector White argued that as a retired paramedic, Mr Duggan was the most qualified medical personnel there and that he had chosen to drink.

Inspector White questioned the defendant’s claim that he remembered the events but not refusing the ambulance.

“You are clear on some details and not on others. Is that deliberate?” said Inspector White.

CHARGES

Mr de Búrca asked that the court drop the charge of dangerous driving to careless driving.

He said it was late at night, visibility was good and there was nobody around to injure.

He said evidence collection should have stopped when it was clear Mr Duggan was injured and the prosecution failed to show the justification for continuing by not producing the member in charge.

He therefore asked that the drink driving charge be dismissed.

Judge Hayden said it was not true to say there was nobody around as the CCTV showed pedestrians in the area.

She said it was not a defence to say he was driving slowly and that the defendant admitted mixing alcohol and sleeping medication.

She noted all party’s evidence and that Mr Duggan was a retired paramedic and had refused an ambulance.

“In my view, it was permissible for the gardai to collect the sample,” said Judge Hayden.

On the charge of drink driving, she convicted the defendant and imposed a two-year driving ban as well as a €1,500 fine.

On the charge of dangerous driving, she imposed a further two-year ban to run concurrently.