A Gaoth Dobhair man has been handed 120 hours of community service after being found behind the wheel while almost five times the legal drink-drive limit.
Philip Mitchell, who was uninsured, has also been put off the road for four years after he appeared before Falcarragh District Court.
On August 7, 2022 at 2.12am, Gardai were on mobile patrol in the Derrybeg area when they observed a white Combo van being driven erratically.
Gardai followed the vehicle and the driver turned the lights off before making a left turn into the townland of Cotteen.
Gardai believed that the motorist was attempting to evade them and continued to follow the van. After being stopped, Mitchell, a 35-year-old of Cotteen, Derrybeg, was arrested on suspicion of drink-driving.
A test showed a concentration of 108 microgrammes of alcohol per 100 millilitres of breath, where the legal limit is 22 microgrammes.
Mitchell also appeared in connection with an incident on December 23, 2021. At 3.26pm, Gardai received a call from a woman who reported a road traffic collision. A white van, being driven by Mitchell, collided with the vehicle she was driving,
Gardai made a lawful demand for documents, but no driving licence or insurance were produced, the court heard.
The court was informed that Mitchell has one previous conviction for drink driving, for which he was disqualified from driving for two years.
Mr Patsy Gallagher, solicitor for Mitchell, said his client ‘fully accepts’ the position he is in.
Mr Gallagher said these incidents occurred during a time when he had ‘a deep, depressive episode’.
“He has sought assistance and that is ongoing and continuing,” Mr Gallagher said. “He is supported by friends and family and he has participated in the ProSocial Driving Course.”
Mr Gallagher said a probation report has deemed Mitchell to be a low risk of reoffending and asked the court to take on board the positive report.
Judge Éiteáin Cunningham said that while the probation report has highlighted steps taken by Mitchell, the matters before the court were ‘serious and relevant’.
For driving without insurance, Mitchell was put off the road for a total of four years and issued with a €250 fine.
Mitchell was given 120 hours of community service, in lieu of four months in prison, on the drink-driving charge.