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 - Mon, Oct 8, 2007

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(Fermanagh Herald)

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Check below to read Court Stories

Total Stories: 30          Published: Wed, Sep 5, 2007



Man drives while four times over the limit

A Swanlinbar man, who was caught driving while four times over the legal drinking limit, faces a four month suspended jail sentence following a recent sitting of Fermanagh Magistrates Court.

Resident Magistrate Liam McNally heard how at approximately 9.05pm on Sunday last, 2nd September, a member of the public witnessed a Volkswagen golf being driven erratically along the Sligo Road, Enniskillen.

Police were contacted and later stopped and spoke to the driver who was the defendant, Joseph Patrick Morris, from Hawkswood, Swanlinabar. There was a strong smell of intoxicating liquor off his breath and he was subsequently arrested for driving while unfit.

He replied 'I never say anything'.

A breath test revealed a reading of 141 micrograms of alcohol in 100 micrograms of breath, that being 106 in excess. He was interviewed on Monday, 3rd September, where he said he remembered driving the vehicle but had no recollection of the nature of his driving.

By way of background, a constable giving evidence said that in relation to the nature of the defendant's driving, a member of the public had phoned to say she was following the vehicle in question. She proceeded to give a running commentary of his behaviour.

He had crossed the white line on a number of occasions and two cars had to mount the grass verge to avoid him. He was driving in the direction of Belcoo and his erratic driving continued for approximately 15 minutes. He was further charged for driving without a licence and for having no insurance.

Defending, Garry Smyth told the Court that his client acknowledged that he was four times over the legal limit and that there was no shying away from that.

The defendant, he said, regretted his actions before adding that it was fortunate that matters were not more serious. He urged the Magistrate to consider his early plea and submitted that his client, who had just spent the night in custody, had never spent time in prison before.

ATROCIOUS

Mr McNally said it was an 'atrocious reading'. He was four times over the legal limit, something that was foolhardy in the extreme, and something that must warrant a custodial sentence.

For drink driving he imposed a four month suspended prison sentence, a £300 fine and disqualified Morris from driving for two years.

For driving without a licence, he imposed a £50 fine and a six month driving ban. For having no insurance, he imposed a £100 fine and disqualified him from driving for two years.


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