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 - Fri, Dec 19, 2008

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(Fermanagh Herald)

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Check below to read Court Stories

Total Stories: 30          Published: Wed, Nov 19, 2008



Defendant observed getting out of driver's seat of vehicle

Kaminaskas Pranas (54), with an address at Belmore Street in Enniskillen, has appeared before a recent sitting of Fermanagh Magistrates Court charged with in charge of a vehicle while unfit.

On 11th October this year, the Court was told, police on patrol in Belmore Street observed the defendant get out of the front driver's seat of a vehicle parked along the street. Police asked him was the vehicle his, which he replied it was.

The defendant then proceeded to stagger across the road and the police vehicle had to swerve to avoid hitting him.

Police got out and spoke to the defendant who smelt strongly of intoxicating liquor. The defendant was staggering all over the road and when police checked the vehicle. The keys of the car were in the ignition.

The defendant was arrested for being drunk in charge of a vehicle and was taken to Enniskillen Police Station where an evidential specimen of breath revealed a reading of 88mg of alcohol in 100ml of breath - 53 in excess.

Defending, Barry Lynam told the court the engine of the car wasn't running at the time although he accepted the keys were in the ignition.

Mr Lynam explained that the defendant shared a flat along Belmore Street with a number of fellow Lithuanians and he had the car parked out in the street.

On this evening, the defendant had lost his keys and therefore couldn't get into his flat so he was waiting in the car until someone came along to let him in.

Mr Lynam said his client has been living here for four and a half years and was employed as a factory worker.

District Judge Liam McNally said he would give credit for a plea at the earliest opportunity and imposed a nine month driving disqualification in addition to a £150 fine.

Bail of £350 was granted for the defendant to appeal the sentence, and he was granted permission to drive until the appeal is heard.


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