Co Armagh man, who was involved in a road traffic collision outside a Lurgan bar after drinking 'four or five' Fireballs, gets jail term
A Co Armagh man, who was involved in a road traffic collision outside a Lurgan bar after drinking ‘four or five Fireballs’, has been given a jail term.
The 38-year-old pleaded guilty to multiple charges including driving with excess alcohol.
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Mark Gilmore, aged 38, from Carnreagh Park, Craigavon appeared before Craigavon Magistrates Court.
In a second set of charges he pleaded guilty to resisting police, failing to provide a specimen for driving with excess alcohol and assaulting police in November 22 last year.
The court was told that on March 28, police were on Antrim Road, Lurgan when they spotted a VW Golf join the Cornakinnegar Road from the North Circular Road.
As the vehicle travelled country-bound, police observed it ‘swerving’ within its lane.
“It appeared to be exceeding the speed limit,” said the prosecutor, adding police stopped the vehicle at Whitehall Road.
Gilmore failed a preliminary breath test and a lower evidential breath test was 75 micrograms of alcohol to 100 millilitres of breath. The legal alcohol limit is 35 micrograms.
Regarding the separate incident on November 22 last year, police received a report of a two-vehicle road traffic collision outside The Stables Bar in Lurgan.
While exchanging details, it was reported the driver of a black Golf was ‘slurring his speech’ and ‘appeared to be intoxicated’, the court heard.
Police enquiries found Gilmore was the driver. When they went to his address, Gilmore was there but not the car.
"He was slurring his speech, stumbling and very unsteady on his feet and a strong smell of intoxicating liquor on his breath," the prosecutor said, adding the defendant told police he had drank four or five Fireballs.
A preliminary breath test was 109 micrograms of alcohol.
When Gilmore was being conveyed to custody he began to threaten to assault police and threatened to spit.
"He then filled his mouth with saliva, preparing to spit. Police were forced to restrain the defendant in the rear of the vehicle,” said the prosecutor, adding Gilmore continued to resist and assaulted an officer.
"The defendant then spat at him, causing the saliva to land on the constable’s left hand,” said the prosecutor.
While in custody he continued to resist police and used ‘homophobic and sectarian slurs’. Gilmore also wouldn’t follow instructions to provide an evidential sample and was ‘extremely volatile and abusive’, the court heard.
Defence barrister, Mr David McKeown, pointed to the pre-sentence report saying Gilmore has a ‘very significant issue’ which has been a major problem for him for 15 years but he ‘seems to have it under control’ and is now with the Community Addictions Unit.
"It’s a wholly unedifying set of offences. He accepts that and is genuinely remorseful,” said the barrister.
District Judge Michael Ranaghan told Gilmore that if you spit at or on a police officer, prison officer or anyone else carrying out their duties you should expect prison.
He gave Gilmore four months in jail for resisting police and failing to provide a specimen. For the assault on police involving a spit he imposed a five-month jail term.
For driving with excess alcohol he was also given a four-month jail term – all to run concurrently. He also received a four-year driving ban.
Gilmore was released on £300 bail to appeal.