Myshall motorist caused collision while drug driving
Carlow courthouse Photo: Michael O'Rourke
A 43-year-old Carlow man has been fined €1,100 and disqualified from driving for three years after causing a head-on collision while under the influence of cocaine and cannabis.
Martin Cunningham of Ballykeenan, Myshall appeared via video link at Carlow District Court where he pleaded to charges of drug driving and dangerous driving arising from a collision on the Athy Road roundabout, Carlow on 11 January 2024.
The court heard evidence from the injured party, who was travelling to work in bumper-to-bumper evening traffic when Mr Cunningham’s car came “at speed” over to her side of the road, causing a head-on collision.
The injured party, who works in catering, described how the airbags deployed, and the car filled with smoke before two passing pedestrians helped her from the vehicle. She said she observed Mr Cunningham sitting in his car with an unconscious passenger, speaking on his phone.
“His car pushed my car off the road, onto the path,” she told the court.
The investigating garda arrived at the scene at 6.19pm, approximately 24 minutes after the collision occurred. He found Mr Cunningham’s vehicle “crossways on road” and the defendant slouched in the driver’s seat, appearing uninjured.
When asked if he was the driver, Mr Cunningham confirmed he was, though he said the vehicle belonged to his partner. A roadside oral fluid test indicated the presence of both cocaine and cannabis.
The court heard that when arrested under Section 4.8 of the Road Traffic Act, Cunningham became “very aggravated, kicking and punching at the seats” in the patrol car, forcing the garda to request assistance to transport him to the station.
“Never in my time as a garda did I have to request assistance because of arresting someone. The way he kicked and pucked in the back of the car,” said the garda.
A subsequent blood sample revealed cocaine levels of 178.3mg/ml and cannabis levels of 20.6mg/ml, both exceeding legal limits. No alcohol was detected.
Defence solicitor Joe Farrell said his client, who has a number of children, had been employed for six to seven years and argued “there is some good in this gentleman, Judge.” However, the court noted that Mr Cunningham has 21 previous convictions, including previous drunk driving and drug driving offences, and is currently on remand for other matters.
Judge Geraldine Carthy convicted Mr Cunningham on both charges, imposing a €400 fine for drug driving with a one-year disqualification, and a €700 fine for dangerous driving with a two-year disqualification, both to be paid within 120 days.
The judge also commented that Cunningham’s “behaviour on video link was outrageous.”
