Defendant in Kerry when he should be in court in Carlow
Put off the road for drug driving
A MAN who was in Kerry on the day of his court appearance was convicted of drug-driving at Carlow District Court after blood samples taken on the night of his arrest tested positive for cannabis.
Wayne Dooley’s solicitor, Joe Farrell, informed the court that his client was unavailable, telling Judge Fiona Brennan: “He’s in Kerry and won’t be here. The court may wish to proceed.”
The court heard from Garda Byrne that on 3 August 2024, he was on patrol at approximately 9pm on the relief road at Graiguecullen, Carlow, when his mobility device flagged a Volkswagen Passat as having no valid insurance, tax or NCT. The garda followed the vehicle into a nearby car park and approached the driver.
While Mr Dooley (31) of Knockroe, Maganey, Co Kildare produced a full licence, Garda Byrne noted that he appeared “very nervous”, had bloodshot eyes and that there was a strong smell of cannabis coming from the vehicle. The garda formed the view that the defendant was intoxicated to such a degree that he was not in full control of a vehicle in a public place.
Mr Dooley was taken to Carlow Garda Station, where a nurse obtained a blood sample. The two specimens returned negative for alcohol, but in December came back positive for cannabis at 14.7mg.
The Kildare man has six previous convictions, including failure to tax his vehicle and non-display of insurance, as well as failure to produce an NCT certificate. He also has a conviction for dangerous driving from 2020, although no previous convictions for intoxication.
With his client absent, Mr Farrell offered no further mitigation beyond stating: “I can’t give any further mitigation: he is currently down the country.”
Judge Brennan convicted Mr Dooley and imposed a fine of €600, to be paid within 12 months, and disqualified him from driving for 12 months.
