Enniskillen Courthouse
A 39-year-old drink driver who crashed his motorcycle causing his passenger to break three vertebrae in their back has been disqualified from driving for two years and fined £460.
The prosecutor told Enniskillen Magistrates Court that police on April 11 2013 attended a motorcycle crash on the Newbridge Road, Lisnaskea.
They discovered the defendant and driver of the motorcycle Julius Procner at the scene and administered a preliminary breath test which he failed.
Procner, of Clonaog Valley, Lisnaskea was then arrested. A further evidential sample of 45mg of alcohol was recorded, 10mg over the legal limit.
The defendant had been travelling towards the Share Centre and at a right hand bend leaned too far to the right to cope with the corner, causing the bike to travel off the road into a hedge. The passenger on the bike suffered three fractured vertebrae in the back.
The defendant was again arrested on April 19 for the further crimes of having no driving licence, careless driving and carrying a passenger he was not permitted to.
After caution Procner admitted carrying the passenger and not having his driving test to drive the motorcycle. He also admitted he had consumed drink at the time of the collision.
The defence solicitor told the court that the injured party had been at the defendant’s house and had drank a couple of beers. The defendant had then asked the injured party did he want to go for a spin on his bike.
He explained that at the time of the crash Procner had leaned to the right at the bend while the injured party had leaned to the left causing the bike to become unstable and to crash. He noted that the vehicle had been travelling at approximately 40mph and that the accident was not due to excess speed.
The defence explained that the road had been somewhat wet due to rain, which could have affected grip. He added that Procner had remained at the scene and had co-operated fully with police.
He accepted that the defendant shouldn’t have been drinking, but said that as Procner was a Polish national he was unaware he couldn’t drive different types of vehicles on his licence or take passengers.
District judge Nigel Broderick said these were serious matters for a number of factors.
Firstly Procner should not have drank alcohol and been on the motorcycle, which aggravated chances of a collision.
The judge noted that the passenger’s injuries could have been fatal and the defendant could very easily have come before him facing more serious charges.
In imposing his sentence the judge said that Procner was eligible for the drink driving course which upon successful completion could reduce his disqualification by 25%.
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