Police officer had to jump out of the way to avoid injury

Sixty-five-year-old John Joseph Shaw from Grange Lane, Magherafelt, was also placed on Probation for 12 months for driving while having consumed excess alcohol in breath.

Fines totalling £600 were imposed on charges of dangerous driving and having no insurance arising out of the incident at Hospital Road, Magherafelt, on December 22 last year.

Prosecuting counsel said at 9.20pm police were carrying out a breath check on another motorist and an officer wearing a high vis jacket and carrying an orange torch flagged down an oncoming vehicle.

She said the white van’s brake lights showed but it proceeded to drive through the checkpoint causing the officer to jump out of its way to avoid injury.

Counsel said police followed the van but lost sight of it on Tobermore Road. Later they saw it again and followed it until it stopped on Grange Road.

The lawyer said Shaw spoke in a slurred voice and provided a specimen of breath which showed an alcohol reading of 85mgs.

He was arrested for driving with excess alcohol, dangerous driving and it transpired he was not insured to drive the vehicle.

The lawyer said Shaw made no comment to all questions asked of him.

Defence solicitor Stephen Atherton said his client admitted the offences and there was little by way of mitigation he could say.

He explained that this was the defendant’s fifth offence in his lifetime for drink driving and the second within two years.

Mr Atherton said his failure to stop for the officer was not because he was trying to avoid police but rather due to the level of his intoxication.

Continuing, the solicitor pointed out the defendant has struggled with mental health issues and has received treatment in Holywell Hospital.

Mr Atherton said the defendant would gladly welcome the opportunity to work with the Probation Service.

He said the defendant is aware that his offending is within the custody threshold and he pleaded with the judge to “stay your hand” given the reasons outlined in the pre-sentence report.

Deputy District Judge Noel Dunlop said he would adopt the recommendations of the pre-sentence report and impose a Probation Order.

Mr Dunlop told Shaw, who appeared in court by video link from his solicitor’s office, that he must participate in alcohol and drug counselling and other treatments recommended by Probation.

Mr Dunlop said given the defendant’s circumstances, he would allow him 26 weeks to pay the financial penalty.