Man drove at 141 kph while on cocaine

A LISTOWEL man who appeared to be racing another vehicle at a speed of 141km/h, while under the influence of cocaine, has been warned that if he comes before the court again, he will be getting a far stronger punishment than a driving ban.

Judge David Waters said Oliver Payne of Greenville, Listowel, should not be allowed to hold a licence given the incident. He said Mr Payne deserves a stronger sentence for his behaviour than the charges before the court allowed him to give.

Mr Payne (40) was before Listowel District Court on a single charge of drug driving at Ballyduff, Knocknogoshel, on August 15, 2020.

The court heard from Garda Twomey, who said he was conducting a speed checkpoint in an unmarked car in Knocknogoshel when he detected a yellow Audi with a UK registration, driven by Mr Payne, driving at 141km/h in what is a 100km/h zone.

He told the court that another vehicle was travelling alongside this vehicle, and he later said it appeared that both cars were racing. He said that the yellow Audi was over the broken-line margin of the road. He activated the blue lights and siren and pursued the vehicle. He and another member of An Garda Síochána spoke to the drivers of both vehicles.

Garda Twomey said Mr Payne gave his address, full UK licence and insurance, which were in order A roadside drug test was carried out, which tested positive for cocaine. He was arrested and brought to the station, where he later gave a blood sample that returned positive for cocaine.

Mr Payne was represented by solicitor Brendan Ahern, who made several legal arguments, including that gardaí had no power to ask Mr Payne for a roadside drug test based on his driving.

He said that gardaí had to form an opinion that Mr Payne had consumed an intoxicant. He said no such evidence had been given.

However, the State argued that that is incorrect, and they can seek a road-side drug test if they believe an offence is committed.

Judge Waters said it was his belief that gardaí had to form an opinion that an intoxicant was consumed and this, combined with an offence being committed, gave them the powers to demand a road-side drug test.

“It is not either or,” said Judge Waters. However, the State said the legislation does state it can be either an opinion or that an offence was committed.

Judge Waters said it appeared he was probably wrong in his first reading of the legislation and that the gardaí do have the power to seek a roadside drug test without forming the opinion that an intoxicant was consumed. He said, given that was indeed the case, he would have to convict.

The court heard that Mr Payne has 33 previous convictions including, one for careless driving and one for no insurance. The court was told that the majority of previous offences concern minor road-traffic convictions and minor drug offences. His last conviction was in 2012 and Mr Ahern said Mr Payne had turned his life around.

Judge Waters queried if Mr Payne was racing, and Garda Twomey said that was the impression he got. Mr Ahern said his client would say he was not racing.

Judge Waters said he was doing a speed of 141km/h in a 100km/h zone while on cocaine. He said the gardaí had done Mr Payne a favour as he would have given him a sentence far in excess of what the charge currently before the court allowed.

Judge Waters convicted him and fined him €500 and disqualified him from driving for one year.