A mechanic accused of drug-driving argued yesterday that he should not be convicted because the State analysis of his urine failed to specify the degree to which he was under the influence of an intoxicant.
Karl O'Brien (36), of Shielmartin Avenue, Dublin, denies driving while under the influence of drugs at Tolka Quay Road on February 6th last.
Dublin District Court heard he was test-driving a high-powered car for his employer when gardaí spotted him coming out of the garage very fast and drive towards the dockland in an erratic manner. He failed to indicate at a roundabout and crossed over a white line.
When officers stopped and spoke to him, they noticed his speech was slurred. They searched him, and in his overalls they found a sheathed syringe. He was arrested and later provided a specimen of urine which was analysed by the Medical Bureau of Road Safety.
The specimen was found to contain "nil" alcohol levels, but in further testing a finding of "opiates class" was made.
Mr O'Brien told the court he had completed a heroin detoxification course the previous June, and was on prescribed methadone treatment of 40mls per day.
His lawyer said the certificate of analysis did not provide evidence of the level of intoxicant or even refer to methadone which he admitted he was on. This was not sufficient to say he was under the influence to be unable to drive properly.
Judge Mary Collins said the question was whether the level was sufficient to render him incapable of controlling a car.
It was something she wanted to think about, and she adjourned her decision to Monday.