Motorist found asleep in driving seat of BMW in Draperstown loses licence for two months
A South Derry man found asleep in a car has been given a two-month ban for being in charge of the vehicle while having consumed excess alcohol.
Twenty-nine-year-old Robert Oliver, from The Orchard, Draperstown, was also fined £300 and ordered to pay a £15 offender's levy arising out of the offence on November 23 this year.
Magherafelt Magistrates Court was told on Wednesday that in the early hours of the morning police approached a BMW car parked at Mulnavoo Road, Draperstown, and officers could see that the occupant was asleep.
Prosecuting counsel said the vehicle’s engine was running and its lights were on and police knocked on the window to wake the defendant who was in the driving seat.
She said as a result of observations the defendant agreed to provide a preliminary roadside test which he failed and was arrested and taken to Dungannon custody suite, where he provided an evidential specimen which showed an alcohol reading of 45 mcgs per 100 millilitres of breath. The legal limit is 35 mcgs.
The lawyer stressed that Oliver had co-operated fully with police throughout the procedure.
A defence lawyer explained that Oliver had been at a friend’s house close by and was walking home.
He said heavy rain came on and the defendant had got into his car and fell asleep. Counsel said there was no suggestion he had driven the vehicle.
He suggested to the court imposing a short period of disqualification as Oliver had recently set up a tree surgeon business and his first contracts are due to begin in February.