The judge told the defendant she was as guilty as the drink driver
A WOMAN from Kinawley who permitted an uninsured driver who was over the drink driving limit to get behind the wheel of her car was ‘just as guilty’ as had she driven the vehicle herself.
That was the message of deputy district judge Paul Conway who dealt with the case at Enniskillen Magistrates Court.
The prosecutor explained that on September 7, 2013 at 7.35pm police were called to a road traffic collision on the Derrylin Road, Macken.
Five people were caught up in the crash including the defendant Lisa Muldoon (31), of Lismonaghan Park, a front side passenger in a green Peugeot 106.
The driver, a friend of the defendant, gave a blood sample to police, which gave a reading of 90mg, 10mg over the legal limit.
The court was told that the crash was caused when the vehicle approached a right hand corner and crossed on to the grass verge before losing control.
In trying to rectify matters the vehicle spun, swerving traffic before hitting the vehicle behind.
The other vehicle had two adult passengers and a two-year-old child. All received minor injuries in the crash except for the driver of Muldoon’s vehicle.
Police spoke to Muldoon who confirmed she owned the vehicle and had permitted her friend to drive although he was uninsured.
Emer Cox, defending, explained that at the time of the incident Muldoon had been going through a very difficult personal time and had no recollection of the exchange which resulted in her friend having the keys of the vehicle.
Muldoon had been drinking on the night in question, but at no time did she have any intention to drive.
Ms Cox on behalf of her client accepted that Muldoon’s behaviour was unacceptable and apologised to the court and all those concerned.
The defence highlighted the rural home area that the defendant lived in and her difficulty in accessing public transport.
She also told the court that Muldoon was actively seeking employment and would need transport for work and for the care of her two children.
Ms Cox asked for credit for the way in which Muldoon cooperated with the investigation and her plea of guilty at the first possible opportunity.
The deputy district judge told the defendant that although she may have been intoxicated, it was ‘no excuse’ to allow another intoxicated person to drive her vehicle.
“You are as guilty or as to blame as him. It is just as bad as driving it yourself. It is absolutely no excuse.
“An intoxicated driver is disqualified for 12 months by law and I am of the opinion that should be imposed on anyone who permits someone to drive intoxicated.”
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