A Richhill man who was caught over the limit after being “unexpectedly” called to collect his partner has been disqualified from driving for 12 months.
Describing the 24-year-old as a “decent hardworking young man”, his solicitor stated that as his partner did not drive the loss of licence would have a big impact.
Samuel Nesbitt, of Tandragee Street, pleaded guilty to driving with excess alcohol at Armagh Magistrates’ Court, sitting at Newry.
Prosecution outlined that on March 13, at 8.05pm, police observed a BMW being driven on Barrack Hill, Armagh.
Officers stopped the vehicle with regards to its speed on the Hamiltonsbawn Road, with the driver being identified as the defendant.
A roadside breath test was conducted resulting in a fail, with a subsequent evidential sample being obtained at Lurgan Custody Suite giving a reading of 41mg of alcohol in 100ml of breath – the limit being 35mg.
Defence solicitor Richard Monteith stated that his client had “fully co-operated” with police and appeared with one entry on his licence with regards to penalty points which had since lapsed.
Submitting that the reading was “very low”, he informed the court that Nesbitt had been “unexpectedly” asked to collect his partner, when he was detected by police.
Mr Monteith described the defendant as a “decent hardworking young man”, adding that as his partner did not drive the loss of his licence would have a big impact.
Addressing references handed into the court, Deputy District Judge Philip Mateer stated: “I can see that you come from a close-knit family and that, other than this transgression, you are a decent and hardworking man.”
Nesbitt was disqualified from driving for the mandatory minimum of 12 months and was ordered to pay a fine of £400, along with the offender’s levy of £15, within 26 weeks.
In addition, the defendant was certified for the drink driving course which would see his ban reduced to one of nine months upon completion.
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