Judge says that disqualified driver caught with quantity of cannabis in Offaly must pass four drug tests to avoid jail

CANNABIS was found in a vehicle being used by a disqualified driver, Tullamore District Court was told.

Judge Andrew Cody was told by Sergeant Brendan Kearns that Jamie Lewis Durnell, St Mel's Road, Longford, was “extremely nervous” after gardai stopped a vehicle at Colgans Bridge, Edenderry on September 23 last year.

Garda Trevor Mullins had stopped the vehicle and cannabis with an estimated value of €1,200 was found.

Mr Lewis Durnell pleaded guilty to the possession of cannabis for sale or supply to others.

He also admitted a charge of driving without insurance and another of having no driving licence.

Sergeant Kearns said the man had previously been disqualified from driving for four years and also had a previous conviction for drugs possession.

Defending solicitor Marc Bairead, who entered pleas of guilty on Mr Lewis Durnell's behalf, said his client was very heavily under the influence of cannabis at the time.

He was not proud of his actions and was very co-operative with gardai. Mr Bairead pointed out that the 24-year-old was not in the vehicle when the gardai spoke to him.

The solicitor said that while the accused was taking drugs at the time he had turned his life around since and was now working as a store manager in a construction company.

The man was now clean from drugs, was attending counselling and was asking for a second chance to be a proper citizen.

Continuing, Mr Bairead said Mr Lewis Durnell lived with his elderly grandparents in Longford and assisted them as their carer.

The defendant had provided a letter of apology to the court and could be considered a candidate for probation service supervision given that this was his first conviction for possession of drugs for the purpose of sale or supply.

Concluding, Mr Bairead said his client had pleaded guilty at the first opportunity.

Judge Cody fined the man €500 for driving without insurance and another €500 for driving without a licence. He was given three months to pay the fines. The judge also disqualified the accused from driving for two years.

In relation to the drug dealing offence, Judge Cody said he would order the preparation of a probation report but ruled that Mr Lewis Durnell must provide clear urine samples each month for October, November, December and January and it was his responsibility to organise the tests.

He ordered him to appear in court again on February 5 next year with evidence of those clear tests if the man is to have any hope of avoiding a jail sentence.

When Mr Bairead applied for legal aid for his client Judge Cody refused, saying that because he was earning €600 per week he was above the threshold to be eligible.

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