Man who was more than three times over the drink driving limit and urinated in Lurgan custody suite has charge of pretending to be a solicitor dropped at Craigavon court

Stephen McParland, aged 37, from Donegall Street, Belfast appeared before Craigavon Magistrates Court.

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He faced a number of charges including failing to provide a specimen of breath, obstructing police, no insurance, driving with excess alcohol, criminal damage and being an unqualified person pretending to be a solicitor on December 8 last year.

McParland’s barrister, Mr Conor Lunny, said his client pleaded guilty to driving with excess alcohol and asked the court to adjudicate on the charge of pretending to be a solicitor.

District Judge Michael Ranaghan, dismissing the latter charge, said: “That charge is meant for an entirely different set of circumstances. This is a throwaway remark by a man who was clearly intoxicated saying he works for a solicitor’s firm. That is not what that piece of legislation is intended for.”

The court heard that police received a report from a taxi driver on December 7 last year at approximately 11.50pm that he saw a man getting out of a grey Mercedes and he was ‘highly intoxicated’.

"The male had allegedly failed to secure the vehicle and it started to roll. The man then got into the car, drove up William Street, Lurgan in the direction of Lurgan police station,” a prosecutor told the court.

Checks showed the last registered owner was a woman in Churchill Park, Portadown. Police went to that location to try and find the vehicle and spotted a car matching the description drive past and a man walk from the direction of where the car was parked.

Officers noted the car bonnet was warm to touch and there was a tin of Dragon Soop in the front passenger’s seat. The driver’s seat was moved far back “consistent with a taller male driver”, the court heard.

When police knocked on the door they were greeted by the same male they had just observed.

"He identified himself only as Stephen and stated he was a solicitor for Phoenix Law Belfast,” the prosecutor told the court, adding a woman came to the door confirming she owned the vehicle. “Both appeared to be under the influence of alcohol.”

Despite ‘multiple opportunities’ McParland declined to take part in a preliminary breath test and was arrested at 12.38am, the court heard.

He was brought to the police vehicle and was asked ‘on numerous occasions’ to provide his name which he refused saying ‘police could figure it out’. He was further arrested for obstructing police.

Checks showed the vehicle was only insured to the female owner. While in the custody suite in Lurgan, McParland’s details were established and he urinated over the floor ‘without making reasonable efforts to raise attention about the urgency to do so’, the court heard.

An evidential procedure was conducted and the lower reading was 125 micrograms of alcohol in 100 millilitres of breath. The legal alcohol limit is 35 micrograms of alcohol per 100ml of breath.

During interview McParland confirmed he was the man in the CCTV footage driving the Mercedes. He claimed he hadn’t been drinking alcohol at that time but when arrived home he drank one-and-a-quarter bottles of wine.

Mr Lunny said: “Unbecoming behaviour from start to finish.” He added it was “foolish and dangerous” for the defendant to get behind the wheel “in his state”.

“It was unwise and arrogant behaviour to try and hoodwink police and embarrassing behaviour at the police station,” he said adding his client is a Bessbrook / Newry native and was at his girlfriend’s house in Portadown.

"I have seen the CCTV and it clearly doesn’t do him any favours. It shows a man who clearly had a few drinks, struggling to get into the car and getting out of the car again and then obviously driving three or four miles from Lurgan to Portadown,” said the barrister.

Mr Lunny said, "to his credit” McParland accepted most of the offences during interview.

“He wisely accepted legal advice to plead guilty to the drink driving having abandoned a hip flask defence. That was a non-starter from the outset.

"When asked the statutory questions at the police station he denied he had taken any drink post the event and that would always have been an evidential burden for him,” said the barrister.

Mr Lunny said his client is back living in the Bessbrook area and is the registered carer for his grandmother.

“He’s a man who has been working in the past but is between jobs,” said the solicitor, urging the district judge not to impose hefty fines as McParland knows he is going to be off the road for a while.

District Judge Michael Ranaghan said: “Mr McParland, you have seen sense today and, on good legal advice, have put your hands up to driving with excess alcohol. That’s what saves you from a very, very lengthy disqualification.”

For the driving with excess alcohol, he was banned from driving for 18 months. For failing to provide a preliminary specimen and the no insurance charges he was also given driving bans of six months on each which are concurrent to the first 18-month ban.

McParland was also fined £100 for each offence before the court and ordered to pay the offender levy of £15.

District Judge Ranaghan also ordered a compensation order of £100 for the criminal damage charge, adding: “I would love it to go to the custody sergeant who had to clean up your urine, Mr McParland. Disgusting behaviour and shouldn’t happen.”