Driving ban for woman who poured urine sample away
A woman who poured her own urine sample down the toilet at Tallaght Garda Station and refused to give a blood sample has been disqualified from driving for four years.
Olga Pegasoua (46), of Mount Andrew Court, Lucan, was convicted at Tallaght District Court of refusing to provide a specimen under the Road Traffic Act. Judge Karen Dowling said she had no choice but to impose the mandatory four-year driving ban.
Garda Shauna Higgins told the court she was on patrol shortly before 11pm on 27 March, 2021 in the Tallaght area when she saw a silver Nissan swerving on a road before taking a sharp turn into a cul-de-sac. The front bumper was dented, indicating a recent collision.
Garda Higgins said Pegasoua refused to lower the window or open the door, stared at her and smiled. The court heard there was a strong smell of alcohol and an almost-empty wine bottle was found in the car.
Garda Higgins formed the opinion that the defendant was intoxicated to such an extent that she was incapable of driving in a public place and arrested her.
Pegasoua arrived at Tallaght Garda Station at 11.18pm, while a Russian interpreter and designated doctor were called to attend. At 12.35am, after the procedure was explained to her through the interpreter, the court heard that Pegasoua opted to provide a urine sample.
The court heard she entered the bathroom and provided a sample into a jug, but then immediately poured it down the toilet. She then refused to give blood and became agitated.
Garda Higgins said she warned Pegasoua of the consequences, but said that the defendant continued to refuse.
Defence counsel argued that the prosecution could not rely on what was said through the interpreter because they were not present in court to be cross-examined.
However Judge Dowling rejected the application to dismiss, finding there was a case to answer based on the garda’s observations, the defendant’s conduct and her actions in the bathroom.
The court heard that Pegasoua is a single mother with no previous convictions. She works as a cleaner and the court was told she has a generalised anxiety disorder and kidney issues.
Judge Dowling said the legislation left her with “no option” other than to impose the mandatory disqualification for refusing to give a sample.
Pegasoua, who did not appear in court, was disqualified from driving for four years, fined €500, and given five months to pay. A €200 recognisance was set. The judge agreed to defer the start of the driving ban by four weeks to allow Pegasoua to make arrangements.