Driving ban after smoking cannabis ‘night before’

A BANDON motorist who contested a drug driving charge has been disqualified from driving for a year, having smoked cannabis the night before he was stopped by gardaí.

Encho Kirilov of no fixed abode pleaded not guilty to a drug driving charge preferred against him at a recent sitting of Bandon District Court.

Gda Tom O’Connor told the court that on October 31st 2021 he was on patrol duty in Bandon at 12.45pm when he saw the defendant’s car.

‘He failed to stop at a junction and failed to indicate left so I activated the patrol lights and stopped him on Patrick’s Quay,’ said Gda O’Connor.

‘While speaking to him he said he had smoked cannabis the night before. After obtaining an apparatus, an oral fluid sample was taken which tested positive for cannabis,’ the garda said.

Mr Kirilov was arrested and brought to Bandon Garda Station where he gave a sample to a doctor. The sample was later returned as positive for cannabis and the defendant received a summons for drug driving.

Solicitor Myra Dinneen asked Gda O’Connor if he observed her client before the oral fluid sample was given by him. Gda O’Connor said he did observe him as he was waiting for an apparatus to arrive from the station. 

She argued that there is a case currently before the courts relating to the observation period before a test is taken.

‘While Gda O’Connor did wait, he can’t emphatically say he was observing him,’ said Ms Dinneen.

However, Judge John King convicted him of the offence. Ms Dinneen said her client was ‘literally’ over the limit and that a driving ban would have huge hardship for him.

‘His partner has a child and there are hospital trips and she can’t drive,’ said Ms Dinneen.

John King said the disqualification is mandatory and he disqualified him from driving for 12 months and convicted and fined him €600.

Recognisances for an appeal were fixed in the defendant’s own bond of €300 with no cash required.