A GARDA officer “risked life and limb” when he had to smash the window of the car of a Garrison man who sped off from a mandatory alcohol checkpoint near Bundoran, a Ballyshannon court was told.
Garda John Nolan put his hand in through the open window of a car driven by Rossa Loughlin, Aughamuldowney, Garrison to take the keys from the ignition.
But the 39- year-old carpenter revved up the car and moved forward with the garda’s hand still in the car, the district court was told The garda was forced to drop the alcohol Breathalyzer that was in his right hand.
And as the car sped, off the garda drew his baton and smashed the window.The defendant then drove off.
The incident happened shortly after gardai were carrying out an initial checkpoint at Finner Road half way between Bundoran and Ballyshannon on April 25 2015.
Loughlin tested positive at the mandatory alcohol checkpoint.
Solicitor Paudge Dorrian, who represented the defendant, said that he had indicated that his client was entering a guilty plea from the outset.
His client had pleaded guilty, at the earliest juncture; he had panicked when stopped and “just drove on”.
On the date in question, there had been some domestic family issues that had left the defendant in a temper. Later he arrived at the garda checkpoint en route home.
Mr Dorrian, said that his client had immediately sought legal advice on arriving home and was told to go back to the gardai and make a full and frank admission, which he did the next morning.
The defendant was now working as a carpenter in London and was anxious to retain his driving licence.
The court also heard that Loughlin was stopped at the same location three weeks later on May and was driving without insurance and had €20 of cannabis on May 13 2005.
Judge Kevin Kilrane said that the charges against the defendant were very serious and the action that he had taken to merely frustrate a prosecution amounted to a very dangerous affair.
He said that the fact that Garda Nolan had to smash the windscreen of the car driven by the defendant, in order to get away from the moving vehicle, meant that the garda had risked life and limb to prevent something more serious.
And what concerned the judge even more, was that just three weeks later; the same defendant was caught driving without insurance.
On the no insurance charge dating from May13th 2015, defendant was fined €200 and disqualified from driving for a year.
Regarding the possession of a small amount of cannabis valued at €20, on the same occasion, he was given the benefit of the Probation Act.
Judge Kilrane imposed a three month jail term, suspended for two years and further imposed a two years driving disqualification for failing to remain at the scene of the April 25th 2015 incident and resisting arrest.
A similar suspended sentence, to run concurrently, was handed out on the dangerous driving charge from the same incident.
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