A 43-year-old Fivemiletown driver has been fined £250 and given three penalty points after police discovered his dog unrestrained in the front seat of his moving vehicle, licking him on the face.
Dale O’Donnell of Main Street was convicted at Enniskillen Magistrates Court for not being in proper control of his vehicle and for not wearing a seat belt.
In the contest the court first heard a police officer tell the court that on March 4, 2015 while on mobile patrol on the A4 Belfast Road, Tamlaght travelling towards Enniskillen they saw a black Vauxhall Corsa pull out of the hard shoulder ahead of them.
The vehicle had taken off at speed, with dust marks and tyre spin, at a speed they believed to be over the limit.
Police then accelerated closer to the vehicle and upon doing so saw a dog on the driver’s lap, which then appeared to jump up in front of his face and lick him. The officer said the dog continued to jump onto the defendant, before then appearing to rest its head on O’Donnell’s left arm. The police then signalled for the defendant to pull his vehicle over and at this point noted he was not wearing his seat belt.
When O’Donnell pulled over and got out of his vehicle the dog ran out onto the main road, before being placed in the car. Police then spoke to the defendant and cautioned him for the offence, to which he made no reply, but later made a comment about working in the security forces and said that it was a habit not wearing a seat belt.
Another officer confirmed that the dog appeared to be licking the defendant’s face while driving and continued to jump across from the passenger seat onto his lap and face for half a mile before he pulled in to the side of the road. The officer told the court she had suggested to the defendant putting the dog’s lead around the head rest to help restrain the animal in the car and noted that the animal was “very hyper”.
Taking to the stand himself O’Donnell explained that the dog, a one and half year old Staffordshire Bull Terrier had kidney problems and he was taking it to the vet to treat an infection.
On the 15 minute journey he explained he was stopped by police. He admitted the dog was not restrained and said the police’s account was accurate, accepting the dog did lick his face once and the dog rested its head on his knee. He told the court he was wearing his seat belt.
Under cross-examination from the prosecutor she put it to the defendant he would not have had full control of his vehicle and would have had a reduced ability to see the road ahead, but O’Donnell refuted this. “I disagree with that”.
District judge Nigel Broderick said he was satisfied both police officers had given “credible and reliable” evidence and noted O’Donnell’s comment about not wearing seat belts, due to previous work in the security forces. The judge was satisfied the defendant could not have had full control and view of the road ahead and convicted him of the two offences.
The court heard that O’Donnell now had nine penalty points and the judge warned the defendant that any further driving offences would land him a six month ban.
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