Drink driver was spotted driving erratically on M1 near Moira and found by police on M12 hard shoulder near Portadown

David Fitzgerald, aged 32, from Trossachs Drive, Belfast appeared before the court on Friday (January 13) charged with driving with excess alcohol.

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The court heard a member of the public called the police alerting them to a suspected drink driver travelling westbound on the M1 near Moira at around 2am on December 18 last year.

A prosecutor told the court: “The caller followed the vehicle and noted the car swaying back and forth and updated police that the vehicle had stopped on the M1 off slip hard shoulder close to the M12.

"Police arrived and observed the defendant behind the wheel and a preliminary breath test failed.”

An evidential reading in custody read 103 microgrammes of alcohol in 100ml of breath – the legal limit is 35 microgrammes.

District Judge Bernie Kelly asked his defence barrister for an explanation saying: “This is his third drink driving and he has a reading of 103.

Fitzgerald’s barrister said his client had been out for the night and didn’t have any intention of driving. “He was due to stay with a friend in Craigavon but they separated.

The judge asked if he had left his car behind. “Who goes out for a night’s drinking and takes the car with them?”

His barrister said the defendant had travelled up from Dublin for the evening and doesn’t live in Craigavon.

The District Judge Bernie Kelly said: “Do you know what they’ve got in the Craigavon area that they also have in Dublin? This is going to come as a surprise particularly for people like me where I live. Lurgan and Portadown have a train station in each town. And I’ve lost count of the number of train stations in Dublin.

"I am sitting here wondering whether or not I should be looking for a pre-sentence report. How many drink driving convictions should you have before you’re looking at a period of imprisonment, especially with that reading and this was the motorway?

"I know it was 2 in the morning but it is still the motorway. Who gets on a motorway to drive drunk?”

The defendant’s solicitor said he was staying with a friend in Craigavon but got separated from him. “He foolishly decided to get behind the wheel but he did come to his senses and pulled over when he realised he wasn’t fit to drive and was on the hard shoulder when the police arrived.”

The judge said: “He was on the motorway when a member of the public phoned the police and it was the manner of his driving that caused them to phone police.

She said: “I am going to organise a pre-sentence report. I think this is just too much and too often. His disqualification will operate from today and I will determine on the next day, which will be February 24, how long he will be disqualified for.”