Defendant with ‘extreme fear of needles and blood’ refused to give sample

Charges of dangerous driving, refusing to give a roadside breath test, and failing to give a blood or urine sample led to €600 in fines and a four-year driving ban.

Michael Devine, 60, of 8 Newtown Street, Strabane was before Donegal District Court on Monday, February 28. 

Devine pleaded guilty to the offences of dangerous driving and failing to give a roadside breath test at Tullygallan, Donegal Town on September 1, 2024. He also admitted refusing to give a sample of blood or urine at Ballyshannon Garda Station on the same date. 

Inspector Sean McDaid told the court that on 2.20am on the date in question, Garda John Cahalin was on mobile patrol, driving around the Tullyearl Roundabout.

“A vehicle came against him in the wrong direction,” said Inspector McDaid. “He activated lights and sirens. The vehicle kept coming towards him.”

The vehicle then came to a stop.

“The driver seemed confused and dazed,” said the inspector.

He told the court that Devine was asked to do a roadside breath test.

“He point blank refused to give a specimen,” said Inspector McDaid. “He said, ‘You are not getting a sample from me.’

“The defendant was brought to garda station and again refused to provide a specimen of his blood.”

Solicitor Frank Murphy outlined a number of factors that had influenced events on the night.

“This gentleman has a severe case of diabetes, borne out by the confusion that the garda witnessed,” he said. “He doesn’t drink because of the effect it can have on his medical condition.

“He gave a friend a lift home. The friend gave him vodka and red bull in a pint glass. He thought it was just red bull. It had a detrimental effect on him.”

The solicitor explained that past difficulties led to Devine having an ‘extreme fear of needles and blood’ and ‘a serious mental aversion to someone taking samples from him.’

“He understands that refusal was the worst thing he could do but his mental framework just wouldn’t allow him to do it,” said Mr Murphy, adding: “If he had given samples he may have come back under the limit.”

For refusing to give a sample in the garda station, Judge Murphy imposed a fine of €250 and a four-year disqualification from holding a licence.

She imposed a further €100 fine and four-year disqualification for refusal to do a roadside breath test. And for the charge of dangerous driving, the judge fined Devine €250 and handed down a two-year disqualification.