Chronic drug driver warned that he’s headed for prison if he doesn’t change his ways

A Buncrana man, who was caught drug driving on THREE different occasions, has been warned that he’s headed for prison if he reoffends.

Patrick Demczuk, of 30 Burwood, Magherinture, Buncrana, pleaded guilty to three charges of driving under the influence of drugs when he appeared before Buncrana District Court.

The 32-year-old Polish native, who has been living in Inishowen for many years, also admitted separate charges of drug possession and dangerous driving.

Indicating that Mr Demczuk wished to enter guilty pleas, defence solicitor Frank Dorrian explained how “all the charges arise out of the same lifestyle issue”.

Garda Sergeant Conor Mulkerns outlined the evidence against the defendant, who sat in silence at the back of the courtroom.

The first detection was made on April 7, 2023. Garda Colin Murphy was on patrol at the Taobh an tSruthain housing development in Buncrana that evening, when he observed a vehicle entering the estate at speed on the wrong side of the road.

The vehicle in question was a 161-DL-registered black Volkswagen Passat, and the driver identified himself as Patrick Demczuk, of the above address.

Garda Murphy formed the opinion that he was driving under the influence at the time. A roadside oral fluid test proved positive for the presence of benzodiazepine and cannabis, and Mr Demczuk was subsequently arrested on suspicion of drug driving.

He was then conveyed to Letterkenny Garda Station, where a blood sample was taken, which proved positive for cannabis. During the course of this, €20 worth of cannabis was also discovered in his possession.

The second incident occurred the following month, on May 30, 2023. On this occasion, gardai had been operating a MIT checkpoint [Mandatory Intoxicant Testing] at Dr Denis McLaughlin Road, Buncrana.

Garda Paul Maguire stopped a vehicle – a black VW Passat – and he immediately detected a smell of cannabis emanating from the vehicle, which was being driven by Mr Demczuk.

Mr Demczuk was subsequently searched under Section 23 of the Misuse of Drugs Act, and Garda Maguire discovered a small plastic container in the glove box, which contained what he suspected to be cannabis.

A cautioned statement was taken from Mr Demczuk, and he admitted that it was for his own personal use. The court heard how the seized substance had a value of €5.

Following the location of the cannabis, Garda Shauna Quinlivan carried out an oral fluid test and it showed a positive result for cannabis. Mr Demczuk was then arrested, and a sample was taken at the Garda Station, which later proved positive for cannabis.

Sgt Mulkerns further told the court of a third drug driving charge against the accused on July 19, 2023. This time, Mr Demczuk was stopped driving the same Passat by Sergeant Michael Devlin at Ballymacarry Lower, Buncrana.

Sgt Devlin spoke to Mr Demczuk, who appeared to be under the influence of drugs. He made a requirement under the Road Traffic Act and a sample was taken at the roadside, which proved positive for cannabis and another drug.

Mr Demczuk was arrested on suspicion of drug driving and conveyed to Buncrana Garda Station, where a blood sample showed the presence of cannabis in his system.

Sgt Mulkerns told the court that Mr Demcuk has two previous convictions, for no insurance and for speeding.

Solicitor Dorrian said his client is a 32-year-old single man, who’s originally from Poland but has been living in the Buncrana area for a “considerable period of time”.

Mr Dorrian said he spoke to Mr Demczuk “about the difficulties that were accumulating behind him”.

“I have spoken to Mr Demczuk and explained to him that the number of these cases creates a very real hazard for him, in terms of his liberty. And should there be any more of them, then that hazard is multiplied.”

“He advises that he’s willing to undergo any form of monitoring that the court might advise. But perhaps the best form of monitoring might be for him to simply abstain.”

The solicitor said his client is “otherwise a reasonable member of the community”, while the cannabis levels in his system were “modest”.

“The problem with cannabis ingestion is that it resides in the body for an extended period of time,” Mr Dorrian told the judge. “And consequently, a person who is an habitual cannabis user will find themselves in difficulty every single time.”

“The limits are set by the Oireachtais and they are effectively zero tolerance. These readings are modest enough; they indicate relatively recent but not immediately recent consumption.”

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Mr Dorrian said Mr Demczuk is now committed to turning his life around.

Deliberating before his verdict, Judge Liddy warned the solicitor: “He’s looking at a lengthy disqualification here.”

He then imposed a three-year driving ban and a fine of €100 each on all three drug driving summonses, with a deadline of three months to pay the €300 total.

The judge took the other charges “into account” before delivering a final warning.

“He’s heading towards a custodial sentence in the event of something like this coming before the court again.”

Mr Dorrian, who was granted Legal Aid in the matter, thanked the judge on his client’s behalf.