A BROOKEBOROUGH man has been given a five year driving ban and suspended prison sentence after being caught driving under the influence of drugs twice in a matter of months.
John Blair (31) of Aghalun Road appeared at Enniskillen Magistrates Court on Monday where he faced two sets of similar charges relating to August 2015 and January this year. These included driving while unfit, careless driving, possession of a Class B drug, and possession of a Class C drug.
On August 15 last year police in Enniskillen were diverting traffic due to a parade in the town when they noticed a car swerving about on the Queen Elizabeth Road. When they stopped the car they had to remind the driver, Blair, to put his hand-brake on.
The officers could also smell cannabis coming from the car, while Blair appeared nervous and shaky. They searched the car and found a joint and a small amount of herbal cannabis. Blair was taken to Enniskillen Police Station where he provided a blood sample which showed traces of cannabis in his system.
The second incident happened on January 3 this year. At approximately 9.15pm police received a report of a blue Ford Focus, being driven by a possible drink driver, almost causing a collision outside Tempo.
The officers located the Ford Focus, being driven by Blair, and when they stopped him they had to again remind him to put on his hand-brake. They also noted the defendant was swaying back and forth in his seat and his pupils were dilated. A later blood test revealed traces of cannabis and diazepam in his blood.
A search turned up a small amount of cannabis in the car, while a search on his bedroom uncovered a small amount of cannabis and diazepam.
In interview, Blair denied driving carelessly and denied using diazepam before driving but admitted to smoking a “one skinner” joint. He told police the cannabis in the car did not belong to him, stating it must be one of his passengers, and also denied knowledge of the drugs in his bedroom, again saying they must’ve been left there by someone else.
Defence barrister Ciaran Roddy said Blair, who had previous drug convictions and driving convictions, had been under the misunderstanding that if drugs were not on his person it did not amount to possession.
District Judge Nigel Broderick said Blair had been detected under the influence of drugs behind the wheel twice in a relatively short period of time, which were “serious matters.” He said it was clear from the description of his driving that Blair, who appeared to have “some sort of addiction to drugs”, had been a danger to himself, other road users, and pedestrians.
For the August 2015 offences, Judge Broderick disqualified Blair for three years and fined him £300 for driving while unfit, disqualified him for 12 months and fined him £50 for careless driving, and sentenced him to two months in prison suspended for 18 months for possession of a Class B drug.
For the January offences, Blair was sentenced to four months in prison, suspended for 18 months, and disqualified from driving for five years for driving while unfit. For careless driving he was disqualified for two years and fined £100, while for the drugs offences he was sentenced to two months in prison suspended for 18 months.
All disqualifications and sentences are to run concurrently.
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