Off Duty Garda had to swerve to avoid collision - later same driver was arrested and tested positive for drugs

A 32-year-old man, who veered onto the wrong side of the road as he exited Finner Road roundabout in Bundoran on May 20 last, required an off duty garda who was in a private car with a colleague on their way to work, coming in the opposite direction, to swerve his vehicle to avoid a collision.

Defendant Ryan Agnew with an address of Temple Woods Greenhills Road Tallaght in Dublin, had used his rear indicators to apologise to the gardai, but he had not been actively pursued at the time.  

Later when the garda and his colleague were on official duty and having earlier noted the number plate of the grey VW Jetta car, came across the car again about an hour and a half later.

Gda Paul White, on speaking to the defendant then formed the opinion that the driver of the car was under the influence of an intoxicant and was arrested.

A later blood test carried out by a designated nurse at Ballyshannon Garda station indicated that the defendant had tested positive for Benzoylecgonine (Cocaine). 

Gda White told the court that he had been enroute to work in his own car with Gda Cleary at 6.50 pm. On the date in question. 

The defendant’s car was exiting the Finner roundabout and had veered a metre and a half onto the garda’s side of the road, requiring him to tackle evasive action and swerve.

He said that the defendant had put his hazard lights on, as if to apologise.

Cross examined by defending solicitor Rory O’Brien, garda witness agreed he was not out actively looking for the defendant after the roundabout incident nor had he alerted colleagues in Ballyshannon to pursue the defendant at the time.

He agreed that Mr O’Brien’s client had put on his hazard lights to apologise for his driving at the roundabout with the solicitor indicating that there was no way of showing a direct link between the two matters before the court. 

Mr O’Brien was entering a plea to the later charge of driving while under the influence of an intoxicant, but asked the court to accept a plea of careless driving, rather than dangerous driving, for the earlier roundabout incident.

He said that his client had been utterly ashamed and embarrassed about the drugs, as he had been going through some trauma as a result of an incident relating to some personal friends, at that time. He had no previous convictions.

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On hearing the evidence Judge Sandra Murphy reduced the dangerous driving charge to that of careless driving and fined the defendant €250 with three months to pay.

On the drug driving charge she imposed a fine of €300 and banned the defendant from driving for twelve months.