Donegal Garda says drug driving offender ‘initially wasn’t aware of my presence’

A 28-year-old man who was found to be driving while there was a presence of cannabis in his blood has been fined and handed down a driving ban.

Thamsanqa Moyo of 41 Avena, Ballisodare, Sligo was before Donegal District Court on Wednesday, September 3. He pleaded guilty to drug driving at Drumrat, Donegal Town on May 21, 2024. The offence is contrary to Section 5(1A) of the Road Traffic Act 2010 as inserted by Section 8(b) of Road Traffic Act 2016 and contrary to section 5(5) of the Road Traffic Act 2010.

Moyo also admitted possession of cannabis on the same occasion. That offence is contrary to Section 3 of the Misuse of Drugs Act 1977 as substituted by Section 6 of the Misuse of Drugs Act 1984.

Garda Eoghan McAllister gave evidence at 1.48am while on mobile patrol, he observed a dangerously-parked car on the hard shoulder of the main road.

“The rear was sticking out into the main road,” he said. “I parked behind the vehicle and observed that the lights were on and the engine was running.

“I approached the driver’s side. The driver door was opened. He initially wasn’t aware of my presence.”

The driver was subsequently arrested on suspicion of drug driving, and was found to have cannabis in his system. He was also found to be in possession of a small amount of cannabis valued at €20.

Garda McAllister described the defendant as ‘cooperative’ and ‘a gentleman.’

Inspector Mick Doherty told the court that Moyo had no previous convictions.

Solicitor Rory O’Brien said his client had been visiting friends who had suffered a sad and tragic loss, and was travelling back to his home in Sligo.

“He is wholly remorseful and very ashamed to have come before the court,” said Mr O’Brien, who added that the reading was not particularly high.

Regarding the charge of possession of cannabis, the solicitor asked, given that it was a first offence and his client had come before the court to meet the charge, if leniency could be shown. 

Judge Ciaran Liddy said that if €100 was donated to the Saint Vincent de Paul by November 11, he would strike out the possession charge. However, if Moyo failed to make the charitable donation, he would face a conviction and fine of €150.

For the charge of drug driving, Moyo was fined €200 and disqualified from holding a licence for six months.