A 29-year-old Armoy man has been disqualified from driving for 30 months and fined £500 after being found guilty of driving with excess alcohol, following a road traffic collision (RTC) on December 24 last year.
The defendant, James Burns of There Ferns, Armoy, was determined to be over three times the legal drink drive limit at the time of the incident.
The court heard that police were called to the scene of the RTC on the Corkey Road near Loughguile, where they discovered a man trapped in the suspects vehicle. Significant damage was noted to the rear passenger side of a third-party Grey Audi parked outside the Pound Bar. Firefighters were attending to a BMW that had collided with a fence pole, resulting in extensive damage.
Eyewitnesses and CCTV footage from the Pound Bar helped police identify Burns as the driver. Initially uncooperative, Burns eventually provided a preliminary breath test which he failed. Following the accident, he was arrested and taken to the hospital, where a blood alcohol sample returned a reading of 241 mg of alcohol per 100 ml of blood, well above the legal limit. During a subsequent interview, Burns admitted to the offense and expressed remorse for his actions.
Defense solicitor Mr. Murphy presented two references to the court: one from Burns’ current employer and another as a character reference. He described the accident as an “unfortunate incident” and pointed to difficult family circumstances that contributed to Burns’ behavior, framing it as an isolated incident in an otherwise blameless life. Mr. Murphy urged the court to consider Burns’ early plea and clean record when determining his sentence.
District Judge Peter King described Burns’ actions as “appalling behaviour,” expressing confusion as to how someone with no previous record could find themselves in such a situation. While acknowledging the references and mitigating factors presented, Judge King stated that the “aggravating factors clearly outweighed any mitigating circumstances.” He concluded, “In this case, we can only be thankful that we’re not dealing with a death.”
In addition to the 30-month disqualification for driving with excess alcohol, Burns was required to complete the appropriate test before he can drive again. If he successfully completes a drink driving awareness course within two months, his disqualification can be reduced by 25%. Furthermore, for the additional charge of driving without due care and attention, Burns received a concurrent 12-month disqualification, a fine of £150, and was ordered to pay an offender’s levy of £15.
