Man 'sick through drink' was sleeping it off in his car, court hears 

A man with a Glasgow address has been found guilty of being drunk in charge of a vehicle while in Donegal last year.

At Dungloe District Court, Philip Mitchell (32) with an address at Barns Gate, Bothwell, Glasgow, denied the charge in relation to Strand Road, Ardnagappary, Derrybeg on October 24 last year. 

Garda Michael Carroll told the court he found the defendant in his 206 Peugeot in the car park at the back of the Dodge night club. 

The headlights were on, the engine was running , and the defendant was in the driver’s seat. 

Spate of thefts in Letterkenny get youth 200 hours community service

The teenager admitted involvement in a series of incidents at eight different business premises in Letterkenny

Garda Carroll got a strong smell of alcohol from the defendant’s breath, and he had been sick on himself. 

The defendant was arrested and brought to Milford Garda Station where he gave a breath alcohol reading of 60 mcgs per mls of breath. 

Defence solicitor Patsy Gallagher said the defendant had an address in Scotland but lived in Coteen. 

Mr Gallagher said his client was co-operative and compliant. 

The solicitor said the area where the car was parked was a quiet area and the defendant was in the car the worse for wear and he had no intention of going anywhere. 

Mr Gallagher added that the car was a Peugeot 308 and not a 206 as the garda described. 

The garda rejected this assertion.  

The garda said it was his opinion that the defendant intended to drive the car, the lights were on, the keys were switched on in the ignition and he had his seat belt on. 

Mr Gallagher said the defendant got sick through drink and was sleeping it off in his car when the garda approached him. 

He added that his client would say he was handcuffed. 

Garda Carroll said this was not the case. 

Judge Alan Mitchell was told the engine was running, after he asked the question. 

Inspector Seamus McGonigle said the evidence that the defendant was wearing a seat belt was very relevant. 

Judge Mitchell said that a charge of Section 5 which was drunk in charge had a presumption that the defendant intended to drive the car and it was up to the defence to rebut this and that had not happened. 

Philip Mitchell told the court he had been in Sean Og’s and then went to Dodge night club. 

He had a lot to drink had gone into the car and fell asleep 

He had the ignition switched on to get some heat as he was freezing, and he could not get a taxi as there were about 100 people queuing for taxis. 

“I was spewing everywhere and had no intention of driving,” he stated.

He said he did not think he had his seat belt on. 

The defendant added that he remembered waking up when the garda tapped the window of the car and asked him to get out. 

Inspector Seamus McGonigle, in cross-examination, told the court he was on duty outside the Dodge that night and the temperature was ten degrees plus and it was not a cold night. 

The defendant replied that he was freezing and vomiting. 

The defendant added that he was handcuffed and the gardaí took his phone and car keys from him. 

Inspector McGonigle said it was normal for gardaí to take keys and a phone from a person in such circumstances. 

The Inspector asked the defendant if he seriously believed the garda was wrong about the make of the car and about the defendant not being handcuffed.  

The defendant said he was 95 per cent sure that he was handcuffed. 

But he had no intention of driving, he maintained.

Judge Alan Mitchell said he accepted the evidence that the defendant was wearing his seat belt and this was crucial in the case. 

Mr Gallagher said his client had no previous convictions. 

Judge Mitchell fined the defendant €250 and banned him from driving for two years. 

The ban was postponed until September 1. 

Leave to appeal to the circuit court was set at a €1000 non-cash bond.