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 - Fri, May 16, 2008

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(Fermanagh Herald)


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Check below to read Court Stories

Total Stories: 30          Published: Tue, Apr 22, 2008



Drunk driver rear-ended vehicle

A driver involved in a minor, damage only road traffic accident was found to be drink-driving.

Appearing before Fermanagh Magistrates Court for driving with excess alcohol, careless driving and driving without insurance was Gerald Thomas Anthony Houston (46) from Kilmacormick Avenue in Enniskillen.

The court heard that on 20th March police attended a two vehicle, damage only accident involving a Renault Clio and a grey Volkswagen.

The Clio, driven by the defendant, collided with the rear of the Volkswagen. When police spoke to the defendant he smelt of intoxicating liquor and was arrested on suspicion of driving with excess alcohol. An evidential specimen of breath revealed he was 42mg of alcohol in excess. Defending, Garry Smyth said his client had one relevant conviction. The defendant had been visiting his family in Lisnaskea and was on his way home. He was in traffic and an ambulance was approaching in the opposite direction.

The car in front of the defendant slowed down and his vehicle collided with the rear of the vehicle in front causing damage to both vehicles.

Resident Magistrate Liam McNally fined the defendant £200 and disqualified him for three years. For careless driving a £100 fine was imposed and for driving without insurance he was fined £150. A 12 month driving disqualification was also imposed.

Erratic driving

When police stopped a vehicle in Lisnaskea which they observed driving in an erratic manner it transpired the driver was under the influence of alcohol.

This detection has led to an appearance before Fermanagh Magistrates Court for James Joseph McElroy (46) with an address at Castlegrange, Lisnaskea. The court heard that on 16th September last a green Vauxhall Corsa was observed by police driving in an erratic manner up Church Lane and contravening a one-way street.

The defendant was stopped at Trasna Way and spoke to by police about the manner of his driving. Police detected a smell of intoxicating liquor on the defendant's breath and his speech was slurred.

He was arrested on suspicion of drinking and driving and taken to Enniskillen Police Station where an evidential specimen of breath revealed a reading of 78mg of alcohol in 100ml of breath - 43 in excess of the legal limit.

Defending, Bernard Corrigan explained that as a result of a traffic accident the defendant was in almost constant pain and he often sought relief in alcohol.

Referring to the defendant's record Mr Corrigan said there were quite significant gaps in this man's offending with Mr Corrigan saying that given the opportunity the defendant can refrain from offending.

Mr Corrigan said the defendant had been at a party the previous night and this coupled with him calling into licensed premises that morning led to the defendant's high reading.

Sentencing, Resident Magistrate Liam McNally noted this was the defendant's fourth conviction for drinking and driving and noted the defendant had been dealt with 'leniently' by the court in the past.

Mr McNally explained the defendant's medical record was the only thing keeping him from custody. He sentenced him to five months in prison, suspended for three years. He also fined the defendant £500 and disqualified him for ten years.


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