Tipperary driver banned for an incident of dangerous driving while on sleeping tablets

A pensioner has been banned from driving for six years and fined €500 at Nenagh District Court for an incident of dangerous driving and driving while intoxicated that occurred while she was under the influence of a sleeping drug. 

Mary Delaney (67), Carrigatoher, Nenagh, was charged with driving while intoxicated and dangerous driving on the Limerick Road, Nenagh, on August 10, 2022. 

Witness Shane Egan told the court he was driving toward the Limerick Road the evening of the incident when he observed a car driving on the wrong side of the road.

At Aldi, the car switched to the other side but then crossed back over. 

The witness flashed his lights to indicate a problem to the driver but the defendant did not adjust her driving. 

He then followed the car because although there were not many cars on the road, he was concerned for pedestrians.

“I was concerned someone would get knocked down,” said Mr Egan.

The car eventually stopped at the Tyre Centre and the witness checked on the driver, Ms Delaney. 

Mr Egan told the court that Ms Delaney asked him if he could help her change her tyre as she believed she had a puncture. 

This the witness said didn’t make sense as it was nighttime and the Tyre Centre was closed. 

“That was the first indication I had that she perhaps was not coherent but that is all I will say on the matter,” said Mr Egan.

The witness took the keys from the ignition and put them on the roof of the car before calling the gardaí.

ARREST

Garda Róisín Moran said that at around 10pm in the evening, she was the observer in the patrol car when she and her partner responded to a report of a suspected drunk driver. 

At the scene, the witness told the guards what had happened, and Garda Moran asked the driver for her licence, which she provided. 

The garda told the court that the driver’s speech was slurred and her eyes glassy. 

When she tried to get out of the car, she became disoriented and stumbled. Garda Moran performed a roadside breath test, which the defendant was unable to complete. 

The guard told the court that she believed this to be a genuine attempt. 

Garda Moran formed the opinion that the defendant was intoxicated, arrested her and took her to Nenagh Garda Station. 

As the defendant was unable to provide a breath sample, the guard called a doctor who took a sample of blood. 

The blood test showed no alcohol but an amount of a sleeping medication Zolpidem. 

When asked, the garda said Ms Delaney was “extremely compliant” throughout the process.

INTOXICATION

Acting for the defendant, Kenneth Kearns BL, told the court that it was accepted that his client was driving badly. 

But in order to prove driving while intoxicated, the state needed to prove the drug caused the defendant to be intoxicated to

the point of being unable to control the vehicle. 

They have to show, he said that the bad driving was caused by the drug, Mr Kearns argued that Zolpidem was not a well-known drug, and the prosecution had provided no evidence of its intoxicative effect. 

Acting for the prosecution, Inspector Andrew Lyons said the guard had reason to believe the defendant was intoxicated when he was arrested. And the manner of driving was proven by the evidence of an independent witness. 

He said that as Zolpidem is a sleeping drug, its sedative effects are well known.

“It’s in the name what a sleeping drug would cause in a person taking it,” said Insp Lyons. 

Judge Fiona Brennan said the evidence given by the garda was clear and the “state had the right to prosecute.”

Mr Kearns also applied to have the defendant’s charge of dangerous driving reduced to careless driving.

However, Judge Brennan said she was not satisfied that the manner of driving, which was consistent, was careless driving and refused to reduce the charge. 

Mr Kearns told the court that his client had no previous convictions, had an “unblemished record” and was on a pension.

Judge Brennan said she noted the defendant’s personal circumstances and was convicted on both charges. 

On the charge of driving while intoxicated, the judge imposed a four-year driving disqualification and fined the defendant €250. 

On the charge of dangerous driving, Judge Brennan imposed a two-year disqualification and a €250 fine.