Contested case concerning Newbridge drug-driving incident heard in Kildare court
ROAD TRAFFIC
A Portarlington man who contested a drug-driving offence he was charged with was ultimately convicted of it by a sitting Naas District Court judge.
Dara Ward, with an address listed as Ballymorris Manor in Portarlington, County Laois, contested the allegations made against him by the State when he appeared in court on Thursday, July 11 last.
The 21-year-old was defended in the case by solicitor Tim Kennelly.
A garda who was sworn in told Judge Nicola-Jane Andrews that on February 23, 2023, at around 11.15pm, he stopped two drivers at Ballymany, Newbridge, and asked to see their respective driver’s licences.
He added that in the case of Mr Ward, he did not have a licence on his person at the time.
"I used a mobility device and it was discovered that he was an unaccompanied Learner driver with no L-plates," the garda told Judge Andrews.
He then said that he requested that Mr Ward provide him with an oral fluid sample, and that he told Mr Ward that the analysis of the sample would take a few minutes.
The defending solicitor in this case was Tim Kennelly.
He further said that he later brought Mr Ward to Newbridge Garda Station (Mr Ward’s car was impounded) and introduced him to a doctor, who proceeded to take a sample of his blood.
He also informed Mr Ward beforehand that refusing to provide a sample of his blood or urine to gardaí would constitute a criminal offence.
The garda also said that Mr Ward 'understood this and complied', and that he was offered a second sample of blood for his own independent analysis, which would be posted to him.
Mr Ward kept the second sample.
The garda went on to say that the first sample once again indicated the presence of cannabis in Mr Ward’s system at the time.
He then provided a certificate of analysis to the judge.
Mr Kennelly said he took issue with the garda in dealing with his client.
A Garda Inspector who was present asked the garda if he 'detained' Mr Ward at the scene.
The garda replied: "No, I explained the process to him and he co-operated."
"Did you inform him that he had been detained?" the Inspector asked.
"No, just that it would take a few minutes for the result to appear; he [Mr Ward] was co-operative with me on the night," the garda said.
In addition, the garda told the court that the second driver was also asked for an oral sample, and was also arrested and brought back to Newbridge Garda Station for a follow-up test.
On this point, Mr Kennelly submitted to the judge: "The State is creating a statute that the legislation never put down… it’s an implication."
The Inspector responded: "The garda said that Mr Ward was not detained against his will; he didn’t have to physically restrain him, he stayed by the garda’s side while they waited for the result [of the oral sample test]."
After consideration, the judge said that she was satisfied that Mr Ward was not unlawfully detained by the garda on the night in question and had acted of his own free will.
Gardaí said that, at the time of the offence, Mr Ward had no previous convictions, but he has since accumulated a post-conviction in a separate court, which resulted in a one-year driving disqualification being imposed on him back in April.
The judge said that she would impose an 18-month driving disqualification on Mr Ward, in addition to a €1,000 fine, and gave him six months to pay this fine.
She also agreed to fix recognisances for Mr Ward, at the request of Mr Kennelly, at €300.