Plumber was on his way to see seriously injured aunt in hospital

Twenty-eight-year-old Emmet McElhatton from Greenvale Drive in the town was also fined £185 with a £15 offender levy for driving while having consumed excess alcohol.

McElhatton, an unemployed plumber, was given permission to take part in the drink-driving rehabilitation course which could result in his period of disqualification reduced to the minimum which is 12 months.

East Tyrone Magistrates Court, sitting in Dungannon, was told on Friday that McElhatton had been on his way to see his seriously injured aunt who was in Craigavon Area Hospital after falling down stairs.

Counsel prosecuting said on December 6 last year police came upon a vehicle parked in a lay-by at Cookstown Road, Dungannon, with its lights on.

She said police spoke to the defendant who told them he was returning from the hospital.

They detected a smell of intoxicating liquor and he later provided a specimen of breath which showed an alcohol reading of 84mg.

Defending, a lawyer said McElhatton’s aunt lived about 90 yards from his address and she had fallen down stairs and was taken to Craigavon but sadly died three days later.

He said the reason the defendant was travelling was through worry and grief for his aunt.

The lawyer said the defendant’s wife had telephoned him and told him to turn and come home as he had drink taken.

“He had a puncture and had stopped by the side of the road when the police came upon him,” he continued.

He said McElhatton was a plumber with three children and the loss of his licence will have a “double impact” as one of his children is severely disabled and needs to attend hospital appointments on a regular basis.

The lawyer said the defendant is currently on Universal Credit but he wants to get back into work again and not having a licence will make that doubly difficult.

He added that he would had considered making an application for special measures but had decided the case did not meet the criteria.

Imposing the penalties, District Judge Michael Ranaghan remarked that they were tragic circumstances but there was no case for a special measures application as the defendant could have got a taxi.

He said he would give the defendant credit for his plea to the charge.

Mr Ranaghan said he had been looking at imposing a disqualification of between 18 and 24 months but in the circumstances he would restrict it to 16 months until the defendant is tested.

He gave the defendant 20 weeks to pay the fine.

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