A 29-year-old man from Westport who stole a car — which was unlocked and had the keys in the ignition — crashed into a garda car, left the scene and when apprehended refused to provide a sample, was before Ballina District Court this week.
Inspector Barry Foley outlined that on February 25 2009 Garda Kilbride was involved in a collision after John Cunningham, Derrygorman, Westport, a suspected drunk driver, crashed into the garda car and then failed to remain at the scene. Cunningham was followed by Garda Kilbride and when arrested and brought to Ballina Garda Station the defendant failed to provide a sample.
According to Insp Foley, the car which was taken from Healy Terrace was left unattended, was unlocked, the keys were in the ignition and the lights were on. Judge Mary Devins, in referring to the unattended car, said that we are “not in Tellytubby land any more” or that “we don’t live in a cosy little world”.
Aidan Crowley, solicitor for Cunningham, said that the unemployed, single man, who has three children (two of whom are in care ), was in Ballina visiting his child, after which he went to a party where he drank heavily and as he walked to town he spotted the car.
Cunningham told the court that he was off the drink for two years until that night and that it was a “spur of the moment” decision to take the car.
Judge Devins said that she was very familiar with Cunningham’s past record and said that, seeing the keys in the ignition, it was very hard for Mr Cunningham to resist; like a chocoholic to chocolate.
Cunningham, who does not have previous road traffic convictions, was convicted and fined €500, and disqualified from driving for four years for failing to provide a sample. For the unlawful taking of the car Cunningham was convicted and fined €300; disqualified for one year concurrent and sentenced to prison for 28 days, suspended for 12 months.
