Man who started car engine to charge phone after taking alcohol given 10 penalty points

A man who started his car engine in order to charge his phone after taking alcohol has been given 10 penalty points at Derry Magistrate's Court today.

Edmond Andrew O'Hare (46) of Ederowen Park in Derry appeared charged with failing to give a breath sample and failing to provide a sample while being investigated for drunk in charge of a vehicle on November 22.

The court heard that O'Hare tried to enter a licensed premises and was refused due to his level of intoxication.

It was reported that he then entered a vehicle and turned on the engine and the lights. 

He then left the vehicle with the lights still on and walked around the corner. 

Police attended and found the vehicle with the lights on and a short time later O'Hare returned and confirmed the vehicle was his.

The keys to the vehicle were found in his possession.

He was asked for a preliminary breath test but refused and also refused an evidential breath test. 

He told police 'I had no intention of driving' and a lot of CCTV footage revealed the vehicle being parked at 5.20pm and O'Hare was seen getting into the vehicle at 10.40pm but the car did not move.

Defence solicitor Paddy MacDermott said that his client was out drinking and had no intention of driving. 

He said that he had returned to the car to charge his phone and had to start the engine to do that. 

The solicitor said that the defendant could have dealt with police in a more mature fashion. 

He asked the court not to disqualify the defendant but to impose a fine and penalty points. 

O'Hare was fined £225 and given 10 penalty points.