30-YEAR-OLDMOTORIST HADOPIATESINSYSTEM

A 30-year-old man has been convicted of driving under the influence of an intoxicant and dangerous driving.

Christopher Traynor, 32 Pinewood Grove, Bay Estate, had denied the offences which occurred close to his home on 13 February, 2018.

Garda Shauna Kerr gave evidence of having received a report about the defendant’s vehicle in the Marshes area, she headed towards his address.

At 10.10am in Bay Estate she saw this car driving towards her. It attempted to overtake a van, but had to pull back in.

The driver then made a wide turn into Pinewood Grove, almost colliding with an oncoming vehicle.

Gda Kerr said she signalled him to stop. Traynor exited the car. He was aggressive towards the guards, agitated and ‘quite jittery’. His pupils were pinpointed.

She formed the opinion he was intoxicated at 10.30am, and arrested him.

The defendant subsequently provided a urine sample. There was no alcohol in the urine. It showed a presence of opiates.

Traynor had told her he was on a methadone programme.

Solicitor Conor MacGuill applied for a dismissal. He submitted it was not clear what the difficulty was. There was a level of supposition involved.

Up to a point, the guards believed they were dealing with a different type of offence. First of all, his client was tested for alcohol, and then for other substances.

Gda Kerr had a hunch, she couldn’t have had an opinion.

Inspector Ronan Carey countered that she gave her opinion quite clearly. It was a subjective view but went further as the certificate of analysis confirmed drugs in the defendant’s body.

Judge Cheatle said Gda Kerr responded to a call of a possible drink driver in the area.

She saw this car driving in a dangerous manner, and noted how the driver behaved.

‘She acted on a hunch which proved correct,’ the judge remarked in refusing the application.

Mr MacGuill indicated his client was not going to give evidence.

Inspector Carey said there are 23 previous convictions, including for drink driving.

The solicitor noted there is nothing before the court for driving while disqualified.

He added Traynor is unemployed and has a chequered history. He is under the care of services and, on the whole, is managing his addiction. He is on a methadone programme since 2016.

Traynor has a one-year-old child, is in a steady relationship and lives with his mother.

Mr McGuill conceded his client can’t expect an indulgence for being a drug addict.

Judge Cheatle placed him on a supervision probation bond for 12 months. For driving under the influence of an intoxicant he imposed a four-month sentence, suspended for 12 months, a €500 fine and five-year disqualification.

For dangerous driving, Traynor was disqualified for two years.