A motorist who was detected driving with excess alcohol and who, while being arrested, struck out breaking a rear window of a police car has appeared before a recent sitting of Fermanagh Magistrates Court.
Edvinas Klibavicius (31) with an address at Silverstream, Derrylin was detected by police on mobile patrol driving a Rover car along Wellington Road on 7th January this year.
Police noticed the car straddling two lanes of traffic and the car then went through a red light while being followed by police.
Police stopped the defendant and when they spoke to him they noticed his eyes were glazed and he smelt of intoxicating liquor.
At this stage the defendant was asked to provide a specimen of breath for analysis, which he didn't do.
Police arrested the defendant on suspicion of drink-driving and when the officers placed him in a police car he punched the window breaking the rear passenger window of a police Volkswagen Passat vehicle.
The defendant was then taken out of the car and had his hands cuffed to the rear and he was re-arrested for criminal damage. Police then tried to move the defendant from the damaged car to an undamaged vehicle. At first he agreed to this but then refused and struggled with officers, with officers having to attempt to lift him into the car.
The defendant was subsequently brought to Dungannon custody suite where he provided a breath sample, giving a reading of 101mg of alcohol in 100ml of breath - 66 in excess of the limit.
During a later interview the defendant said he couldn't remember the events of the evening of 7th January but he admitted to driving without insurance. The court was told repairs to the car window cost £174.81.
Defending, Aubrey Murray described his client as a 31 year old mechanic who had consumed alcohol on the night in question and accepts that he acted inappropriately when police were trying to perfect his arrest.
Mr Murray said the inevitable loss of his licence will cause considerable hardship for the defendant.
Sentencing, Resident Magistrate Liam McNally told the defendant, who had an interpreter in court, that these were very serious charges and said this was a very high reading. Mr McNally also told the defendant he behaved in an unreasonable manner on being arrested. However, he did give credit for the defendant's early plea and for his clear record in this jurisdiction.
For driving with excess alcohol the defendant was disqualified for 12 months and fined £200. The defendant was fined £200 and disqualified for 12 months for no insurance. And for resisting Constable Patten and criminal damage the defendant was handed a 12 month conditional discharge. The defendant was also ordered to pay restitution of £174.81 to repair the police car window.
