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 - Tue, Sep 25, 2007

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(Fermanagh Herald)

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Check below to read Court Stories

Total Stories: 30          Published: Wed, Aug 22, 2007



Man had drink taken

A 20-year-old Irvinestown man faces a £350 fine and a 15 month driving ban after he pleaded guilty to drink driving.

At Fermanagh Magistrate's Court, the Resident Magistrate, Liam McNally heard how on 21st January this year, the defendant, Gary Timlin from the Meadows, Drumharvey, was driving a black Renault Clio when he was followed by police after he was observed driving in a manner that resulted in his crossing the white line several times.

The vehicle was stopped by police, who detected a strong smell of intoxicating liquor off Timlin's breath.

He was arrested for driving with excess alcohol and conveyed to Enniskillen Police Station. A blood sample test revealed 125 micrograms of alcohol.

Defending, Garry Smyth told the Court that his client was a 20-year-old man who had a clear record and had been driving from the age of 17.

On the night in question, his instructions were that Timlin had been at home, having been out in the Omagh area earlier. He had got a lift home to Irvinestown. He was at home and in bed when he received a call from his girlfriend who was in Enniskillen. Weather conditions were inclement and she couldn't get a taxi.

It was just before 3.00am, he went on, and Timlin took the foolish decision to travel to Enniskillen to get her. It was during that journey that he was stopped and detected by police.

Mr Symth said that the defendant accepted that what he had done was wrong, and had fully co-operated with police. He asked that credit be given to his client for his guilty plea. He said that he had started a new job that week and hoped that it would lead to full-time employment.

Mr McNally said that according to Article 33 of the Criminal Justice Act, credit was given according to the time in which a guilty plea is entered. The earlier the plea, the more lenient he could be.

Had he received it an earlier stage, he would have ordered a £250 fine and a 12 month disqualification. Had he proceeded to contest the charge, he would have imposed a £500 fine and an 18-month driving ban.

In balance subsequently, he said that he would impose a £350 fine and a 15 month driving ban. He said that he would also consider Timlin suitable for the drink driver's course in accordance with the legislation.


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