A MAN who had no knowledge of getting into his car and driving, contested a charge of driving while under the influence of an intoxicant in court.
Colette McCarthy, solicitor, said her client, Thomas Quilligan (67) of Apartment One, 8 Main Street, Skibbereen, engaged her to represent him, and pleaded not guilty to the alleged offence at Keamore, Leap, on November 16th 2023.
Barrister Mahon Corkery (BL) told Judge William Aylmer at Skibbereen District Court that it was the solicitor, Ms McCarthy, who checked the side effects of his prescribed medication and established that Zolpidem can cause sleep-driving.
The leaflet for the medication that Thomas Quilligan took on the evening of November 15th stated: ‘There have been some reports of people doing things while asleep that they do not remember when waking up after taking a sleeping medicine.
‘This includes sleep-driving, sleepwalking, preparing and eating food, and having sex. Alcohol and some medicines for depression or anxiety can increase the chance that this serious effect will happen.’
The accused had explained to the court that he had been on some medication for anxiety, that he hadn’t slept properly for days, and was effectively ‘too tired to sleep’ when he took a Zolpidem on November 15th.
He said the next thing he knew was seeing blue flashing lights and talking to Gda Eoin O’Reilly at Keamore, Leap, at about 8pm on November 16th.
He said he had no recollection of even getting into the car, and he thought it was still November 15th.
Court presenter, Insp Roisin O’Dea, outlined the facts of the case saying that gardaí had received a report of someone driving erratically.
The inspector said Gda Eoin O’Reilly was in the vicinity and he activated the blue lights on his vehicle and stopped the accused.
The garda said the accused was unsteady on his feet but there was no evidence of him having consumed alcohol.
However, Thomas Quilligan did subsequently test positive for Zolpidem, an intoxicant.
Both the solicitor and the barrister said the medication had been prescribed by a GP, but Judge Aylmer did not accept a defence of involuntary intoxication.
He said the consequence of any medication like this is well known, and people know they should not engage with any kind of machinery.
The barrister argued that there was no evidence of his client intending to drive, but the judge found the facts against the accused proven.
The judge convicted the accused, fined him €200 for driving while under the influence of an intoxicant, and imposed a mandatory four-year disqualification.
Mr Corkery asked Judge Aylmer to fix recognisances so his client could appeal the conviction at the next sitting of Skibbereen Circuit Court.
