'The type of beer you drank has a particular nickname given its strength' Craigavon judge tells Portadown man accused of driving after drinking Stella Artois
‘The type of beer you drank has a particular nickname given its strength,’ a judge told a Co Armagh man accused of drink driving.
Stephen William Rodgers, aged 57, from Drumannon Park, Portadown, appeared before Craigavon Magistrates Court charged with driving with excess alcohol in his breath.
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The court heard that on April 18 this year, at 10.10pm, police were on the Northway in Portadown when they spotted a vehicle driven by the defendant.
"The vehicle was being driven with poor lane discipline and police followed the vehicle to the Brownstown Road,” said a prosecutor, adding that police spoke with the defendant who immediately stated he had taken alcohol.
Police could smell alcohol from his breath and a preliminary breath test showed 49 micrograms of alcohol in his breath. At 10.20pm Rodgers was arrested and taken to Lurgan Custody Suite where he tested 50 micrograms of alcohol in an evidential reading. The legal limit for drink driving is 35 micrograms of alcohol per 100 millilitres of breath.
District Judge Michael Ranaghan told Rodger’s solicitor, Mr John McCamley, that his client was ‘lucky’ regarding his criminal record.
Mr McCamley said the defendant had been driving from Lisburn after looking after his elderly mother who is 89.
“The family take turns in looking after her,” said the solicitor who said that Rodgers received a call from a friend on the way home to Portadown.
The friend, who was in a bar, wanted to chat to Rodgers about personal matters. “Being the dutiful friend that he is, he went to the bar and had a chat,” said Mr McCamley, adding Rodgers had four small bottles of Stella.
"He thought he was still under the limit. That’s no excuse,” said Mr McCamley, pointing out that it was a “relatively low reading” and was immediately truthful to police.
The solicitor noted that on Rodgers’ record there are two previous driving with excess alcohol convictions – one in 1991 and another in 2013. He said he understood this may be “an aggravating feature” but pointed out that the latter one is outside the 10-year limit.
"He works full time. It is not only him who will suffer because of the loss of his licence. His mother will also suffer and he knows that,” said Mr McCamley, asking for leniency from the court.
District Judge Michael Ranaghan said: “The type of beer you drank, Mr Rodger, has a particular nickname given its strength. Even at four bottles you should have known. And indeed, with your criminal record and previous convictions for excess alcohol.
"It was a stupid decision to have taken,” said the district judge pointing out that the solicitor had highlighted the situation in relation to the defendant’s mother.
“You are outside the statutory three years disqualification but I can’t say my hand with the minimum disqualification, Mr McCamley,” said the district judge banning Rodgers for driving for 16 months.
He added that if Rodgers passes the course and pays for it the disqualification could be reduced to 12 months. The defendant was further fined £250 plus the £15 offender levy.