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Driver convicted despite delay over urine test

This article is from page 12 of the 2008-10-28 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 12 JPG

A MAN whose urine was left for two months before it was tested for the presence of drugs has been convicted of driving under the influence of an intoxicant. Niall O’Gorman (21), of Hurlestown Meadow, Broadford, Co Clare, pleaded not guilty to the of- fence, at Hurdlestown, Broadford, on

November 23, 2007.

During evidence in the case last Thursday week, it emerged that two months had elapsed before his sam- ple of urine was tested for the pres- ence of drugs at the Medical Bureau of Road Safety in Dublin.

While his urine sample was sent away for analysis just days after he was stopped by gardai, the test for

the presence of drugs did not take place for two months.

The sample was tested for the pres- ence of alcohol within weeks. He was notified in December 2007 that the result for the presence of alcohol was ‘nil.’ However, it was not until three months later that he received notification from the Bureau, indi- cating the presence of cocaine class

and cannabis class in the urine.

The Bureau said the delay was due to the Christmas backlog and gardai said the testing was done in accord- ance with procedures.

However, the accused’s solicitor Daragh Hassett said it was incum- bent on the gardai to get the samples off to the Bureau and for the Bureau to analyse the specimens as quickly

as possible. “There is a delay of three months here for a positive drug anal- ysis,” said the solicitor.

Judge Joseph Mangan adjourned a ruling in the case for a week. Last week, he convicted the accused and disqualified him from driving for four years. He fined him €800 and fixed a bond in the event of an ap- ered

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