Disqualification for man found unconscious in car in Derry City Cemetery

Derry Magistrate's Court heard today how the emergency services were called to the City Cemetery on Christmas Eve after an unresponsive man was found in a car.

Mark Daly (53) of Knockena in Derry admitted a charge of failing to provide a sample of breath while being unfit in charge of a vehicle.

The court heard that police were called by ambulance staff to the Cemetery after ground staff found a car with a man inside it. 

Attempts to rouse the man to get him to open the locked vehicle failed and eventually entry was forced into the vehicle. 

A strong smell of alcohol was noticed and an empty vodka bottle was found in the car. 

Attempts were made to rouse Daly but this failed and later the defendant did not give a breath sample when requested.

Defence solicitor Carol Ann Knox said her client had gone to the cemetery to visit the grave of his recently deceased mother.

She said he was in 'a low mood' and the visit lowered his mood further.

She said he then consumed the bottle of vodka but had no intention of driving the vehicle. 

The solicitor said that her client had little recollection of the incident and tried to give a sample of breath but suffered from long Covid. 

Deputy District Judge Trevor Brown said Daly was 'a danger to himself and potentially could have had catastrophic consequences for others.'

Daly was disqualified for 3 years and fined £300.