A 40-year-old man who had a child passenger in his car tested positive for drugs when stopped by a Garda, a court has been told. Philip Nolan (40), Newcastle Wood Drive, Enfield appeared at Trim District Court charged with drug driving at Castlerickard, Longwood on 28 th July last year. Garda Linzi Martin gave evidence that she stopped defendant after noticing he had no rear number plate. He had a 10-year-old child in the car. Out of earshot of the child she told defendant she required him to give a fluid sample which tested positive. He had been arrested at 1.20pm and taken to Trim Garda Station. The child’s mother collected the child from the station.
A doctor was called to the station where the defendant gave a blood sample which later tested zero for alcohol but positive for cannabis. Defending barrister James O’Brien argued on his client’s behalf that while Garda Martin said she had received a direction from her superintendent to apply for a summons against his client, there was no evidence before the court that she had actually applied for it. However, Judge Eirinn McKiernan did not hold with that argument and convicted defendant who was fined €300 and disqualified from driving for a year (the disqualification to apply in six months time).
