Woman flagged down police after spotting man asleep and slumped over steering wheel of a car, Craigavon court hears

The 32-year-old was found slumped over the wheel of the vehicle with the engine running in Craigavon, a court was told.

-

-

Slavvomir Tomcufcik, from Eden Manor, Portadown appeared before Craigavon Magistrates Court on Friday. He pleaded guilty to a single charge of being in charge of a vehicle with excess alcohol in breath.

Police were on patrol in the Larkfield Meadows area of Craigavon when they were flagged down by a woman who was standing beside a red VW Golf.

She told police the vehicle had been parked for around one and a half hours with the male slumped over the steering wheel and the engine running.

"Having tried and failed to waken the male she turned the engine off and removed the keys from the ignition for his own safety,” a Prosecutor told the court, adding she flagged down police around 1.30am.

Police noted the man slumped over the steering wheel with his hands on his head. When they tried to speak to him he "wasn't coherent”.

"After a while police actually got him to wake up,” said the Prosecutor.

An evidential breath test was 77 micrograms of alcohol to 100 millilitres of breath. The legal drink driving limit in NI is 35 micrograms of alcohol per 100 millilitres of breath.

Tomcufcik’s barrister Mr Barry McKenna said it was "one of those unusual cases in that it was a genuine in charge case”.

Mr McKenna explained he had been at his girlfriend’s sister’s house when a “minor argument” ensued between his client and the girlfriend’s brother.

Rather than get into any altercation he went to the car and puts on the engine to keep warm as he was wearing a pair of shorts.

"He’s ultimately detected because a neighbour is worried about him,” said the barrister.

Referring to a previous driving ban for speeding, Mr McKenna said his client had been working for Amazon at that time and had penalty points. “If you have anything over six penalty points you’re in trouble, you’re sacked effectively,” he explained.

He revealed his client has been living in Northern Ireland for 11 years. He also explained that he has swapped roles and his partner is currently working while he stays at home looking after the child. He urged the court to keep the fine as modest as possible due to their financial situation.

District Judge Michael Ranaghan said that, other than the speeding fine, he didn’t have any convictions in this jurisdiction or other jurisdictions.

He said the defendant had been in the car for about an hour and a half. “I think it is fairly clear there was no intention to drive. On that basis I can stay my hand with the penalty points albeit I believe 10 penalty points is quite a punishment in itself.

"One more offence and you are off the road,” he told Tomcufcik, who was also fined £200 plus £15 Offender Levy.