A MAN who was observed weaving across the road as he made his way to work in Enniskillen has been convicted of dangerous driving and driving when unfit through drink/drugs.

Neil William Noel Strain (29), of Glenwood Gardens, Enniskillen, had pleaded guilty to the charge of dangerous driving, but contested the driving whilst unfit charge. 

During the contest on Monday at Enniskillen Magistrates Court, it was heard on February 16, Strain was making his way to Enniskillen from Omagh for work.

Due to a dispute with his family, Strain had been living in his car for the previous 10 days.

After being stopped he failed a Field Impairment Test and analysis came back that there was cannabis in his system.

The statement of the officer who stopped Strain was adopted, but he did confirm that he did not smell alcohol or drugs from Strain.

During his evidence, Strain said tiredness and dropping his food while driving on his way to work may have played a part in his poor driving, but he denied that drugs had a factor.

He did admit to taking approximately one gram of cannabis two days before the incident.

In their submissions to the court, the prosecution referred to the forensic report which detailed that the euphoric effect of cannabis last about three to four hours, while impairment can last longer.

Witness statements
They also pointed to independent witness statements which they said gave a good account of Strain’s driving.

Gary Black, solicitor for Strain, said his client had little to gain by contesting the charge, as he had pleaded guilty to dangerous driving, but that cannabis was not a feature for driving.

District Judge Steven Keown read out an extract from a witness detailing the driving of Strain who was weaving over the white lines, had to pull in to avoid a bus, had all four wheels on the grass verge, and drove on the wrong side of the road for 200-300 yards coming into Irvinestown, forcing a van to pull off the road.

Judge Keown said the “statement speaks for itself”, and along with failing the Field Impairment Test, it was absolutely clear Strain was driving while unfit through drugs, and he convicted Strain.

Mr. Black added there could be little said of the driving, adding that his client never questioned the manner of driving, just the driving while unfit charge.
Strain was disqualified from driving for 18 months, and was also fined £500.