A woman has failed in an appeal against her conviction for drink driving and refusing to provide a sample to gardai, despite telling a court that she didn’t understand why she was being asked to sign the breatalyzer statement.
Sara Lucanich (30) was convicted in the District Court of driving while intoxicated contrary to section 4 of the Road Traffic Act 2010 on the Ballymun Road, Ballymun on April 19, 2024. She was fined €350 and disqualified from driving for three years.
Lucanich, with address in Northwood, Dublin 9, was also convicted of refusing to provide a sample contrary to section 13 (3)(4) of the same act. For this she was given a fine of €200. She later lodged an appeal against her conviction.
Garda Doireann Byrne told the District Court Appeals Court that on April 19, 2024 she was on mobile patrol on the Ballymun Road when she observed a white BMW crossing three lines of traffic and not indicating while making these manoeuvres.
Garda Byrne said that the car was swerving and that they had to drive faster than normal to keep up.
She said that the gardai indicated for the car to stop but it failed to respond to the lights and sirens of the patrol car.
Garda Byrne said she approached the car when it came to a stop at traffic lights and the driver identified herself as Sara Lucanich.
She said that she noticed a strong smell of liquor, that Lucanich had glassy eyes and that her speech was slurred.
Garda Byrne said she formed the opinion that the driver was intoxicated and arrested and cautioned her. She said Lucanich was placed in the rear seat of the patrol car and was conveyed to a garda station.
Garda Kevin Nolan told the court that he was introduced to Lucanich as a trained operator of the evidenzer machine, which tests breath samples for alcohol content.
He said that when he asked her if there was any reason she could not give a sample, she replied that she “has asthma, but can do it”.
Garda Nolan said that he carried out the test and it returned a result of 94mg of alcohol per 100ml of breath.
He said that the machine printed out two certificates of the results and he signed both. He said that he gave a certificate to Lucanich to sign and that she said she wanted the requirement explained to her again.
He said he explained the legal requirement again twice but she responded that she didn’t understand. He said that this was a refusal and he wrote “refused” on both statements.
Garda Nolan also said that he had no difficulties in conversing with Lucanich in English.
Lucanich told the appeals court that while she was being observed in the garda station, she asked to call her father as she had never been in such a situation before.
She said that when Garda Nolan gave her the two papers to sign, she didn’t understand what she was being asked to sign and why she was being asked to give breath when she told him she had asthma. She said that gardai at the station rushed her and told her to sign documents.
Lucanich said she didn’t understand why she wasn’t given other options, such as providing a sample of blood or urine, or why she wasn’t given an option to call a lawyer.
She said she didn’t refuse to sign, but that she didn’t understand why she was being asked to sign the statements.
Judge Jonathan Dunphy said he believed Garda Nolan’s evidence was meticulous and that Lucanich had said she had asthma “but I can do it”.
He said he accepted that Lucanich completed the process to take a breath specimen and that she was made fully aware of the procedure by the garda.
He said that Garda Nolan’s memory was “crystal clear” and that the appellant used the breath test “without difficulty”. He said that he was satisfied Lucanich did commit the offence of refusal.
He decided to affirm the order of the District Court, agreeing to defer the driving disqualification for a period of six months from today.