Enniskillen Court House, RMGFH04
A 31-year-old man, who was found asleep in his car by police in the early hours, escaped a driving ban when he appeared in court this week.
Enniskillen Magistrates Court heard on Monday that at 4.10am on October 1st police observed a Skoda vehicle parked in a lay-by at Lattone Road in Garrison with the engine running and the keys in the ignition. When officers spoke to the driver Dominic Leonard they detected a smell of intoxicating liquor and he was unsteady on his feet on exiting the vehicle.
After failing a preliminary breath test at the scene, the defendant as arrested and conveyed to Enniskillen custody suite. A further evidential breath test returned a reading of 91 micrograms of alcohol in 100ml of breath – 56 in excess of the legal limit of 35 micrograms.
Leonard of Sligo Road, Letterbreen in Enniskillen was charged with being drunk in charge of a vehicle.
Leonard’s solicitor, Gerard Trainor, said that his client had gone to a function that evening with no intention of driving.
“He had a few drinks and got a lift back to his car where he fell asleep for an hour or two,” said Mr Trainor, adding that his client had been driving for 14 years and had no convictions.
District Judge Nigel Broderick told Leonard: “There is no evidence that you were driving and I must accept that you were asleep with the engine running and the keys in the ignition.”
Acknowledging the defendant’s clear record and references handed into court, the judge said it was not without hesitation given the reading that he wouldn’t impose a driving disqualification. Leonard was fined £400 and had ten penalty points endorsed on his licence.
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