Enniskillen Court House, RMGFH04
A DERRYLIN man who has an “atrocious” drink driving record and is “a danger to himself and others” was released pending an appeal of a prison sentence handed down to him at Enniskillen Magistrates Court on Monday.
Gerald Donohoe (46) of Dernagore, Derrylin was charged with being drunk in charge of a vehicle and failing to supply a specimen while in charge of a vehicle following an incident on Main Street, Derrylin on August 18 this year.
The court heard that at approximately 8.15pm police in patrol on the Derrylin Road saw a red Peugeot driving in the direction of Bellenaleck. They believed the driver to be drunk. Around 20 minutes later at 8.35pm they received reports of a red Peugeot straddling the footpath on Main Street, Derrylin.
They approached the car and found Donohoe in the driver’s seat, with the keys in the ignition. There was another man in the passenger seat, and a woman in the back seat.
The officers asked Donohoe to get out of the car, and noticed his eyes were glazed, his speech was slurred and there was a smell of drink on his breath. At this time the officers also received a report from a member of the public who contacted police to say they had seen the same car driving dangerously on the Derrylin Road.
When questioned by the officers Donohoe replied “I wasn’t driving that yoke” and explained he had sold the car for scrap prior to the incident. Donohoe, who was subject to a driving disqualification at the time of the incident, said he had gone out to buy cigarettes when he saw the man and woman in the car.
He said he got into the driver’s seat to tell them not to drive the car, and told the officers he hadn’t seen the keys in the ignition. The court was told there was no evidence that Donohoe, who failed to supply a breath specimen for police, had been driving the car.
Defence solicitor Tommy Owens said Donohoe had sold the car approximately one week prior to the incident and had come out of a pub in Derrylin to see two people sitting in the vehicle so had got into the car “to see what was going on”.
Mr Owens said Donohoe was a single man who lived with his elderly parents in an isolated area. He was made redundant a number of years ago and now helps his father on the farm. The solicitor explained Donohoe had previously been banned from driving for ten years and for seven years, and had been given jail sentences on both occasions that were suspended upon appeal.
District Judge Nigel Broderick said he had commented on previous occasions that Donohoe had “an atrocious record for drink driving,” with seven previous convictions prior to Monday’s hearing. “That is unacceptable,” said the judge. “You may have a problem with alcohol but you also have a problem resisting the temptation to drive. You are a danger to yourself and others.”
Judge Broderick said Donohoe’s record was “such that the custody threshold has been crossed” and sentenced him to ten weeks in prison and banned him from driving for 11 years for failing to provide a specimen. He sentenced him to a further ten weeks in prison for being drunk in charge of a vehicle and disqualified him for 11 years, with both sentences to run concurrently.
Mr Owens indicated to the court that Donohoe would be appealing the sentence. Judge Broderick released him on his own bail of £500 “with some reluctance” pending appeal and warned him not to drive.
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