Portlaoise District Court
A Laois motorist drug driving in a car “held together with baling twine” was “as bad as it gets” in terms of driving offences, a judge has said.
Shane Daly (22) of Grawn, Attanagh, Laois appeared before Portlaoise District Court accused of drug driving, drug possession, using green diesel, driving without insurance, tax and NCT and driving a dangerously defective vehicle at Dublin Road, Townparks, Laois on October 23 last year.
Judge Andrew Cody said the accused was “driving a car that is nearly as old as himself, what can only be described as a wreck” on the date in question. He said the BMW was dangerously defective and “held together with baling twine” while the driver was under the influence of drugs.
Garda Ross Foy gave evidence of stopping the car on the R445 in Borris-in-Ossory on October 23 last. He said the car had attempted to avoid a garda checkpoint on the evening in question.
When Garda Foy stopped the vehicle he discovered the tax was out over 1,000 days. He discovered a small quantity of drugs and tested the driver who failed a roadside breath test. He said the car was found to have green diesel in the tank and the boot was tied closed with twine.
“I thought it couldn’t get worse,” said Judge Andrew Cody when he heard about the green diesel.
Garda Foy said the defendant had been “very easy to deal with on the night” and had three previous convictions.
Andrew Dunne BL said his client had entered an early guilty plea to the offending. He said the young man had spent his life in foster care and moved between Galway, Birr, Dublin and Tullamore. He said the man had a lot of difficulties in his background.
Mr Dunne said the accused owned two cars, a BMW and Jetta. The BMW had been bought secondhand with a view to doing it up, he explained. He said the Jetta had “a full window” but the BMW was in need of repair.
On the night he was stopped, Mr Dunne explained the man had a fight and stormed out of his house and “I suppose, took the wrong car”. He said the man had since disposed of both cars.
“He is a gent who hasn’t had the easiest cards dealt to him,” said Mr Dunne. He said the man is picking up odd jobs and staying at home with his foster family and trying to keep busy. The defendant told Judge Cody that he was working as a plasterer.
Judge Cody noted the defendant had been five times over the drug driving limit. “It is as bad as it gets,” he said. He considered the case over lunch before sentencing the man in the afternoon.
When he returned, Judge Cody said he had taken all the circumstances into consideration as he sentenced the man to three months in prison suspended for three years, banned him from driving for five years and fined him a total of €5,800. He fixed recognisance in case of appeal. He said a condition of any appeal was that he not drive on any public road pending its outcome.
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