Dundalk Courthouse
A 43 year old man who Dundalk District Court was told was weaving in and out of traffic on the M1 at 173kph, has been given a suspended sentence for dangerous driving.
Gerard Gaskin of Collinview Street, Belfast had contested separate charges of dangerous driving on the motorway at Newtownbalregan and drug driving on the M1 at Red Cow on March 12th 2022.
A member of the Roads Policing Unit gave evidence last Wednesday of conducting a speed check at Newtownbalregan, at 4.40pm on Saturday March 12th 2022.
She detected the defendant travelling at 173kph where a limit of 120kph applies, and stopped him at Red Cow.
A roadside drug test tested positive for cocaine and cannabis and he was arrested on suspicion of drug driving.
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During cross examination by the Defence, the garda said she was parked on a slip road and had used a calibrated speed detection device and said Mr. Gaskin was actively trying to get around traffic that was in his way.
The solicitor said he would have some reservations about the accuracy given his client was weaving in and out and the integrity of the test taken at Dundalk Garda Station, where his client had been taken for a cigarette and had a painkiller in his pocket.
He also questioned what he perceived as a delay in posting the sample for testing, although Insp Ger Collins pointed out it was posted on the Monday "as soon as practicable".
He added that the test result came back positive for cocaine and not medication.
Judge Nicola Jane Andrews found the State had proven its case.
After hearing the defendant had no previous convictions in this jurisdiction, is on social benefits in the North and is being treated for depression and anxiety, Judge Andrews imposed two fines of €1,000 each, and a four year driving ban, along with a three month suspended sentence for dangerous driving, at the request of the defence the judge fixed recognizance for an appeal.
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