A SUSPECTED drink driver who insisted that a doctor draw blood from his big toe even after being told it was ‘impossible’ was put off the road for four years and fined €400 for refusing to provide a blood sample.

Michael O’Connor, Bunghara, Listowel, was observed by gardaí passing their patrol car at Kilmorna outside the town on July 14 of last year while driving a car with no rear lights at ‘excessive speed’, Judge David Waters heard at Listowel District Court where Mr O’Connor contested the charge of refusing to provide sample.

There was a smell of alcohol from his breath and his speech was slurred, the arresting garda told the Court.

Mr O’Connor was arrested at 1.08am on suspicion of drink driving and brought to Listowel Garda Station, where Dr Peter Botha attended at the behest of gardaí after Mr O’Connor opted to provide a blood specimen, which he also permitted Dr Botha to take.

"As Dr Botha was preparing the needle I observed Mr O’Connor removing both his right boot and sock... he told Dr Botha to take blood from his big toe," arresting Garda Crowley told the Court.

Dr Botha said that Mr O’Connor 'refused to provide his arm and said to take the blood from his big toe'.

"I explained to him that I, as a doctor, would decide where I drew the blood from as I have to look for the appropriate vein. I explained there are no veins to draw sufficient blood from in the big toe... I have never seen that in 35 years of medical practice," Dr Botha told the court.

Mr O’Connor continued to insist that any blood taken be drawn from his big toe; refusing to provide his arm and refusing the option of providing a urine sample, Dr Botha added.

Defence solicitor Pat Enright asked the doctor if he had even tried to take blood from the big toe.

"It is impossible," he replied.

"On what basis?" Mr Enright asked.

"Anatomically. There is no vessel with sufficient blood," Dr Botha said.

"Have you ever tried it?," the defence solicitor asked.

"I have never tried it in 35 years," Dr Botha replied.

"It has never been done by you?" Mr Enright enquired.

"You cannot blindly stick a needle in the body to draw blood," Dr Botha said.

"Perhaps you could have," Mr Enright continued, "you have Mr O’Connor who took off his shoe and sock and said ‘here, take the sample from that’."

Mr Enright suggested that the ‘correct’ thing for the doctor to have then done would have been to have tried to extract the blood from the big toe.

"I disagree, that’s not appropriate," Dr Botha said.

Mr Enright also queried the doctor’s use of the first person plural in giving some of his evidence.

The doctor said he used the term ‘we’ as "I am working as a team with the garda".

"You are not, your job is to take a sample and it is certainly not for you to decide he is not co-operating," the solicitor said.

"I tell you he did not co-operate," the doctor replied.

Judge David Waters interceded at this point saying to Mr Enright: "You have put that two or three times to him. This is a medical doctor, not a layperson. He is saying it is not possible. He is stating as a medical professional, not as a garda or as a layperson, that it is impossible for someone to draw blood in a manner capable of providing a sample of between 5 and 10mls and you are giving out to him for not trying.

"He is saying it is not possible...you keep saying he should have tried. Do you wish to put any other medical point to him?”"

Mr Enright said he did not and submitted that there was no ‘refusal’ in so far as his client did offer the doctor a place from which to draw blood on his body.

Judge Waters indicated that he disagreed: "The crucial point here is that both gardaí and Dr Botha told him ‘that is not possible’. So for him to

come up with any other outlandish idea like that...in continuing to persist in requesting something that he was told was impossible constitutes a refusal."

Kerryman