One year driving ban and fine for drug driving imposed at Leitrim Court

A Carrick-on-Shannon resident has been fined and banned from driving for a year after a contested case at the district court.
Karol Zawadski (36) of Pairc Beag Liscara, Carrick-on-Shannon pleaded not guilty to a charge of drug driving at Gortinty, Carrick-on-Shannon on May 10 last year before Judge Sandra Murphy.
A related charge of speeding, at the same location, was struck out.

Garda Tom Dooner told the court he was operating a speed check at Drumsna, Carrick-on-Shannon on May 10 last year, and he detected the defendant driving at a speed of 125 kph in a 100 kph zone.
He followed the car to Gortinty, Carrick- on-Shannon where he asked the driver to provide an oral fluid sample as a result of the speeding.

The defendant gave a specimen at the roadside which tested as positive.
The defendant did not have a medical exemption certificate for cannabis and the garda formed the opinion and arrested the defendant on suspected drug driving.

A subsequent blood specimen taken from the defendant showed that he had a quantity of cannabis in his blood.
The defendant had zero alcohol, the court heard.
Defence solicitor Peter Collins suggested to Garda Dooner that when he stopped the defendant it was for speeding and there was nothing in his demeanour to suspect that he was under the influence of drugs.

Mr Collins said Garda Dooner formed his opinion from the result of the roadside reading but did not form any other opinion which he could have done.
Mr Collins added that in the garda's statement he wrote the date of the arrest as being on May 13 which was incorrect as it was on May 10.

Garda Dooner said this was a typo on his behalf.
Mr Collins said the prosecution had a duty to disclose the correct information which led to the taking of the case.
Inspector Michael Collins said that the date May 10 was mentioned six times in Garda Dooner's statement and case law stated that a positive roadside test was enough for a garda to form an opinion.

Mr Peter Collins said he accepted the wrong date was a mistake, but it was “an important mistake”.
Judge Sandra Murphy asked where the prejudice arose.
Mr Peter Collins said the garda had formed a “very limited opinion”.

Garda Dooner said he had formed the opinion based on the roadside test.
Judge Murphy said Garda Dooner was a very experienced officer and it was clear on his statement that the arrest was on May 10 and he also gave that date in evidence.

The correct date was throughout the statement and the judge had no doubt in her mind and there was no prejudice.
The judge said the opinion happened as a result of the speeding and the garda then gave clear evidence that he formed his opinion as a result of the roadside test.

In mitigation, Mr Peter Collins said the defendant was a professional van driver by trade.
He had an accident and was in pain and takes a form of medicinal cannabis and he took this cannabis by accident.
Mr Collins said the defendant would be banned for a year and had no previous convictions.
A reference from his employer was produced in court.

Mr Collins asked that the ban be postponed for two to three months as the defendant would lose his job and he had to find a new job.
Judge Murphy fined the defendant €350 and banned him from driving for a year.