A 48-year-old Armagh man who was originally convicted in his absence has been handed a suspended sentence when he appeared last week at Fermanagh Magistrates Court.

Robert John William Alexander Charters of Oakleigh Park, Portadown was found guilty of dangerous driving and driving when unfit through drink or drugs in relation to an incident which took place on the Belfast Road, Fivemiletown on Christmas Eve in 2016.

The court heard that police attended the scene of a road traffic collision on the Belfast Road on December 24, 2016 in which the Audi A4 the defendant was driving crossed over to the wrong side of the road and collided with a Porsche coming the other way. Police spoke to Charters in the back of an ambulance. The defendant took a preliminary breath test at the scene which he failed and was subsequently arrested for having excess alcohol. He was then brought to South West Acute Hospital for his injuries.

Charters was tested again and and returned a reading of 52mg of alcohol per 100ml of blood which was below the standard test.

On February 15, the 48 year old was charged with dangerous driving and driving when unfit. When interviewed Charters admitted to drinking but not to dangerous driving.

Defence barrister for the 48 year old, Ciaran Roddy, told the court that although his client was convicted in his absence he was “unaccepting of guilt”.

Mr. Roddy continued saying his client admitted to having two glasses of wine but sights his unfamiliarity with the road as well as instructing that rather than his car crossing the road, the Porsche was on his side of the road. Mr. Roddy said that one of the aggravating factors in this case was the injured party.

The court heard that Charters was currently disqualified from driving until March 2020 for failing to provide a specimen with Mr. Roddy asking the court not to add further time on to his disqualification. He also asked the court to take into account that the matter could have been dealt with in a different way if Charters had attended the court.

After reading the pre-sentence report, District Judge Michael Ranahan said that a probation order was not suitable for the defendant.

Judge Ranahan sentenced Charters to three months, suspended for 18 months for dangerous driving, fined £300 and disqualified from driving for one year and two months. For driving when unfit through drink or drugs, Charters was disqualified for one year and two months and fined £250.