Longford learner driver claims positive cannabis test due to ‘second hand smoke’

A young motorist who claimed he was detected with cannabis in his system due to inhaling 'second hand smoke' has been disqualified from driving.

Daniel Joseph Touhey (25) of Aghakeeran, Aughnacliffe, Longford pleaded guilty at Longford District Court to the drugs driving offence.

The defendant also admitted a string of offences which related to driving on a learner permit while not being unaccompanied by a qualified driver.

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Sergeant Mark Mahon, court presenter, said Garda Edward Flanagan stopped the learner driver on the N63 on December 5, 2023 and he was the sole occupant of the car.

The court heard Touhey was also detected driving while unaccompanied and with no L-plates on January 6, 2024, January 9, 2024 and January 24, 2024 in Longford town and North county Longford.

Sergeant Mahon said Garda Doherty was on duty on Market Square in Longford on March 14, 2024 at 12.30am and "he was found to have a quantity of cannabis in his blood that was over the legal limit".

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The court heard on June 15 Garda Doherty also stopped the defendant on what was described as a minor road in Longford and he was again unaccompanied on a learner permit and there was no NCT on the vehicle.

Touhey had no previous convictions.

Solicitor Bríd Mimnagh said her client had took a chance driving on a learner permit.

“He has sold his car and he has started a car valeting business,” she added. On the drug driving, Ms Mimnagh said her client has been very clear and insisted he did not take drugs.

“He said he was in the car with other people and he had second hand smoke,” she added.

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Judge Bernadette Owens noted Touhey’s family circumstances and the death of a close relative when he was a child, however. she stated she could not ignore the ‘number of matters’ before her.

She convicted Touhey of drug driving and fined him €450 with six months to pay and imposed a one year disqualification.

Judge Owens fined Touhey €200 for driving on a learner permit unaccompanied and also imposed a one year driving ban in respect of that offence.