‘No one is going near me with a needle' – Driver banned for refusing to provide blood sample at Louth garda station
The defendant, a bricklayer, contested a charge of refusing to provide a sample of his blood arising from the incident last year.
He told a doctor at Drogheda Garda Station that he didn't like needles, adding, 'No one is going near me with a needle'.
Gda Macklin testified that at 3.48pm on October 16, 2024, on the R132 at Newtown, Monasterboice, he was driving behind a red Audi A4.
He ran a registration check and discovered that this car had neither an MOT nor tax.
There was a smell of cannabis coming into his vehicle.
He stopped the Audi. Mr Magill provided him with a full UK licence. This man's eyes were bloodshot and his speech slurred. There was a 'strong smell' of cannabis from the car.
Gda Macklin continued that at 3.54pm he requested an oral fluid sample for a roadside drugs test.
The test failed for cannabis and at 4.01pm he arrested Mr Magill at Newtown, Monasterboice.
At the garda station the defendant said that he didn't like needles.
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'No one is going near me with a needle,' he remarked.
The court heard that at 5.42pm he refused to provide a blood specimen. He was arrested and made no reply after caution.
Cross-examined by barrister Eoghan Fagan, instructed by solicitor Paula Tiernan, Gda Macklin said he couldn't recall if the windows of the garda vehicle were up or down.
The smell (of cannabis) was coming through the vents. He was 'right behind' the other car.
Mr Fagan submitted that there was a 'special reason' for the accused not giving a blood specimen. He clearly indicated a fear of needless. There was not a wider aversion to giving a sample.
Garda Inspector Kevin Toner replied that not liking needles was not a medical term. It was said in front of a doctor. That didn't make it a special reason.
A blood specimen was 'the only way' to test the driver.
Judge Vincent Deane agreed that it (a fear of needles) didn't amount to a reason.
'I don't like them myself. A lot of people don't like them,' the judge added.
The defence did not go into evidence.
Counsel said that Mr Magill had three children and was a bricklayer who worked in the Republic of Ireland. He recently suffered an injury.
A €200 fine and four-year driving disqualification were imposed.
Legal aid was granted.
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