Banned driver found asleep at wheel while almost five times over the limit
A banned driver, who was almost five times over the alcohol limit when he was found asleep at the wheel of his car in broad daylight with an empty vodka bottle in the passenger seat, has avoided a jail term and been disqualified from driving for five years.
Garda Dylan O'Malley told Tallaght District Court that he was on mobile patrol on the Greenhills Road, Dublin 12 at around 4pm on August 9, 2023, when a man at a nearby bus stop flagged him down. The man alerted him to a white Honda Insight that was parked diagonally - half on the road and half on a hard shoulder - and appeared to be abandoned.
When Garda O'Malley approached the vehicle he said he found the driver, Sumod George Sam (45), slumped asleep in the seat, with the engine running and the keys in the ignition.
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Today's News in 90 Seconds - July 5th
An empty vodka bottle was visible in the passenger seat alongside recently purchased shopping, the court heard.
The witness said the driver produced a learner permit and failed a roadside breath test. He was arrested and brought to a garda station, where the court heard that a subsequent breath analysis returned a reading of 99 micrograms of alcohol per 100ml of breath - nearly five times the legal limit of 20 micrograms for a driver on a learner permit.
The court heard that Sam has a previous drink driving conviction from 2022 and was already serving a three-year disqualification, imposed in May 2024 and due to expire in February 2027.
He was charged under Section 5(4)(b) and 5(5) of the Road Traffic Act 2010, for being in charge of a vehicle in a public place while exceeding the legal breath alcohol limit - namely, while having the intent to drive or attempt to drive the vehicle even though he was not actually driving at the time.
Sam, with an address at Earlscourt, Terenure Road East, Dublin 6, pleaded guilty at the hearing.
His defence counsel, Lauren Flanagan BL, told the court that Sam was deeply remorseful, had not come to garda attention since and had been 'partying with friends' at the time - describing the incident as an act of 'stupidity.'
She said her client, a father-of-two who previously worked in IT but is currently unemployed, was willing to undertake a driver awareness course and she asked the court not to impose a custodial sentence.
Judge Patricia McNamara described the level of alcohol involved as 'extremely dangerous' and said the offence warranted a significant response. She convicted Sam and imposed a five-year driving disqualification, effectively extending the existing ban by three years.
She also imposed a four-month prison sentence, suspended for two years on Sam's own bond of €400, with conditions that he not drive or be in control of a vehicle and that he remain of sober habits. Sam had already surrendered his licence to Blanchardstown Garda Station.
Funded by the Courts Reporting Scheme.
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