A Buncrana man who ‘took solace’ in cannabis after a difficult time in his life has been banned from driving for one year.
Don McManus, of 14 Earlsfort, Buncrana, entered a guilty plea to a charge of drink-driving when he appeared before Buncrana District Court. A separate Section 4 (1A) charge of drug-driving against the 36-year-old was dropped by the State.
Outlining the facts for the prosecution, Sergeant Emmet Brady explained how the defendant came to Garda attention at Lisfannon, Buncrana on Sunday, February 25, 2024.
At 11.40am that morning Garda Sweeney stopped a vehicle being driven by Don McManus. Sgt Brady told the court that Mr McManus “appeared intoxicated” and was subject to testing on a drug swipe, which indicated the presence of cannabis in his system.
He was then arrested on suspicion of driving while under the influence of an intoxicant and brought to Buncrana Garda Station.
At the station, he provided a blood sample to the designated nurse, which was sent to the Medical Bureau of Road Safety. The subsequent MBRS certificate indicated a reading of 97 milligrammes of alcohol per 100 millilitres of blood, which is almost twice the legal limit.
Mr McManus’ sample also tested positive for cannabis.
The court heard how he has four previous convictions, including drunken driving, burglary and public order, but they are all historic convictions, dating back more than 15 years.
“They’re all very old,” Sgt Brady conceded.
Defending the case, solicitor Frank-Aran Murphy said he has known Mr McManus a long time and he explained how he’s come through a difficult period in his life.
“Mr McManus is a gentleman I know very well. We went to school together all through primary school and secondary school.”
“He worked as a chef for many years. He was in a relationship with his partner for 18 years and they have three children – but that relationship recently broke down, unfortunately.”
“Mr McManus then took solace in cannabis. However, after this offence, he made immediate amends and engaged with alcohol and drug services. He attended the local services for addiction and he’s no longer under the influence of any intoxicants, be it alcohol or proscribed medication.”
Mr Murphy said his client has rebuilt his life and is back at work.
“He is now a part-time chef, re-engaging in the work that he has done for many years. He’s now a single parent of three and he’s struggling financially with the increased rate of rent in Buncrana; he’s paying €1,000 per month on rent.”
“He’s no longer driving, and is having to avail of taxis to go to and from work. He’s not looking for any postponement; he would like to get the ban over and done with.”
The Buncrana solicitor said Mr McManus is remorseful over what happened and keen to move on.
“He wishes to apologise to the gardaí. He was under the influence and they were only doing their job – he holds no animosity towards them whatsoever.”
“This was a very difficult period in his life. He had issues with cannabis, but he has firmly put that behind him now,” Mr Murphy added.
Judge Patricia Cronin enquired as to Mr McManus’ earnings, and she was informed that he takes in around €400 per week.
“He would like to work full-time but he can’t with the childcare commitments, given the hours that chefs work,” Mr Murphy explained.
Judge Cronin said she noted the early guilty plea, the mitigation offered and a letter from community healthcare that was handed in to the court to show the efforts Mr McManus has made to deal with his issues.
“I know there are previous convictions, but I’m marking them as historic. The most recent is January 2010, in excess of fifteen years ago,” she said.
Judge Cronin then imposed a drink-driving conviction, the mandatory minimum disqualification of one year and a fine of €250, allowing six months to pay. The period of disqualification comes into effect from April 24.
The judge also granted legal aid to Mr Murphy, given his client’s circumstances.