A 53-year-old driver who was twice the legal alcohol limit has escaped a mandatory 12-month ban because he was being attacked and therefore had “special reasons” for driving.

John Agnew claimed his second cousin had assaulted him with a chopping board at her home at Ferney Rise in Enniskillen on May 10.

He was fined £150 and banned from driving for four weeks for driving with excess alcohol.

Fermanagh Court heard that he had received a letter from the Public Prosecution Service telling him he was not going to be prosecuted for any offence.

Defence barrister Marianne Rodgers claimed it was therefore an Abuse of Process to charge him with driving with excess alcohol.

District Judge Gregg McCourt said Agnew was brought before the court in May when the case was adjourned until August. On September 1, he received a letter telling him he was not going to be prosecuted for any offence.

On September 29, he was told he was going to be charged with driving with excess alcohol. Miss Rodgers had argued this was an Abuse of Process as Agnew had previously been told he was not being prosecuted.

The District Judge referred to case law in which it was stated that if a charge is withdrawn, unless a defendant can prove he has been prejudiced, the charge can be reinstated.

“I’m satisfied the charge can be brought back,” he said, ruling that there was no Abuse of Process in this case.

Outlining the background to the offence, a prosecutor explained that at 3.45am on May 10, police were called to a house at Ferney Rise. There had been an incident at the house and the officers were told Agnew had driven off, having consumed a quantity of alcohol, and was intoxicated. Agnew parked about 45 metres away. The police spoke to him about what had happened at the house but ultimately there were no charges arising out of that matter. However, he was arrested for driving with excess alcohol and provided a sample of breath which produced a reading of 72 - twice the legal limit of 35.

Miss Rodgers said Agnew had gone to the home of a second cousin at Ferney Rise to cut the grass. She wanted to go out and asked him to baby-sit her young daughter. When he refused there were raised voices and he was attacked with a chopping board.

The barrister handed in photographs of the gashes Agnew sustained to his head, nose and upper body.

She said Agnew fled from the house and “thought it appropriate to get into the car and lock the doors so she could not attack him any more”.

Miss Rodgers said Agnew drove to a turning circle and stayed there until the situation had calmed down. He is diabetic and when he returned to the house to get his insulin bag he was spoken to by the police.

Agnew told the court he had gone to the house to cut the grass and was asked to go to the off-licence. Later his second cousin asked him to look after her daughter and when he declined “she went mad and attacked me with a chopping board and I had to get out of the house”.

He said his immediate thought was to get down the road a bit and prevent her attacking him again. He said he had no intention of driving any farther. When he returned to the house to get his medication the police were there.

Cross-examined as to where he was going to spend that night, Agnew, from Cannon Dale, Omagh, said he was supposed to stay with his second cousin.

Asked if she had any injuries, he said he did not know.

It was put to him that he had an altercation with her.

“She had an altercation with me,” he replied.

The District Judge explained that “special reasons” required there to be an emergency situation. In this case Agnew was under attack and his injuries were seen by a doctor. It was 3.45am when there was no other traffic and no danger to anyone else. Agnew had no intention of driving and was going to get his insulin and either walk or get a taxi home.

“I’m satisfied this falls within the requirements of special reasons,” he stated.

The District Judge said that in the circumstances he did not have to disqualify Agnew for the mandatory 12 months. However, he said he was disqualifying him for four weeks “to reflect the court’s dissatisfaction at him driving at all”.