A 50-year-old guest house owner had two pints while waiting for a Chinese take-away and was stopped by police on the half-mile journey home, Fermanagh Court has heard.
Derek Moore, of Country Manor, Kesh, admitted failing to provide an evidential breath sample and driving while unfit. He was fined �300 and banned from driving for 12 months.
A prosecutor told the court that at 10.30pm on Saturday, September 22, police travelling along the Letterkeen Road in Kesh saw a Ford Transit van parked on their near side. It pulled out in front of them, forcing the driver of the police vehicle to brake to avoid a collision. The officers followed the van, using their vehicle's flashing lights to signal the driver to stop. Moore stopped at his house and on speaking to him the officers noticed the smell of alcohol from him and that his eyes were glazed. He failed a preliminary breath test and was taken to Enniskillen Police Station, where he made four unsuccessful attempts to provide an evidential breath sample.
His solicitor, Mr. Michael Fahy, explained that Moore ordered a Chinese carry-out and went to an adjacent pub and had two pints.
Mr. Fahy said it was of relevance that Moore was quite happy to provide a breath sample at the roadside. If he provided an initial sample, there was no reason for him not providing an evidential sample.
However, at the police station: "The entire process was alien to him. He was like a rabbit in the headlights."