Welder was found sitting in driver's seat of car that ended up in a hedge after leaving the road, court told

A Co Tyrone welder who was found sitting in the driving seat after his car left the road and ended up in a hedge, has lost his licence for 16 months at Dungannon Magistrates Court

District Juidge Francis Rafferty was told that around midnight on May 2, police received a report of a single vehicle collision at Whitebridge Road, Ballygawley.

Before the court was 29-year-old Dawinda Marchaewski, of Cavey Road, Ballygawley, who was fined £250 with a £15 offender’s levy for driving while having consumed excess alcohol in breath.

He was fined a further £100 for driving without due care and attention on the same date.

The Whitebridge Road, Ballygawley where the incident happened | Google Mapsplaceholder image
The Whitebridge Road, Ballygawley where the incident happened | Google Maps

Prosecuting counsel said on arrival at the scene police found the defendant was still in the driving seat and the vehicle had its airbags deployed.

He said police could smell intoxicating liquor emanating from inside the vehicle and the defendant, and noted that his eyes were glazed over and speech slurred.

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The defendant told police that he had drank two pints and was driving home when the vehicle left the road.

He was arrested and conveyed to Craigavon Area Hospital where permission was given for him to provide an evidential specimen which showed an alcohol count of 96 mcgs per 100 millilitres of breath. The legal limit is 35 mcgs.

Defence solicitor Jarlath Faloon asked the court to give Marchaewski credit for being honest with the police.

Judge Rafferty remarked that if the defendant was being honest then they must have been big pints.

Mr Faloon added the defendant worked as a welder at a local factory and now has no vehicle.

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