Longford court hears drunk man awoken by Gardaí in 'strange car' was 'resting'

An intoxicated man, who got into a 'strange car' while walking home after drinking with a friend and fell asleep in the driver's seat before being woken up by Gardaí, has escaped a conviction.

Kevin Higgins (41) of Drumadorn, Mohill pleaded not guilty at a special sitting of Longford District Court to being drunk in charge on November 19, 2023 and maintained he had no intention of driving the vehicle.

Sergeant Frank Fallon said he was on mobile patrol in the Ballinamuck area at 9.50pm when he noticed a Peugeot 2007 was parked on the verge of the road at Fardromin.

The officer approached the vehicle and he observed the sole occupant Higgins asleep in the driver's seat.

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Sgt Fallon spoke to him moments later and noticed there was a strong smell of alcohol emanating from the car and the car keys were not in the ignition, however, they were inside the car.

Sgt Fallon subsequently arrested Higgins on suspicion of drink driving and he was subsequently charged.

Higgins, who was disqualified from driving at the time, stated he had too much to drink and had spent several hours socialising at a friend's house.

The defendant told Judge Brendan O'Reilly he was eager to get home and he walked for about 2km and he spotted the vehicle and thought it was his neighbour's car.

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Higgins was not the registered owner of the hatchback car and he maintained he had no intention of driving it.

Inspector Declan McGlynn, court presenter, said the vehicle was seized by Gardaí, however, nobody never came forward to claim the car and it was eventually scrapped.

He asked Higgins if it was common practice he would sit into a strange car and the defendant replied defiantly.

"You don't know but I know when you are drunk and tired you will sit and have a rest,” he added.
Higgins said he had too much to drink and it was dark and I wanted to go home.

“I had walked a mile and a half from a friend's house, I saw a car and thought it was my neighbour's car and I sat into it, but I had no intention of driving it.”

Solicitor Frank Gearty, defending, said his client had too much to drink and it was a wet, dark night and he merely took a break for a rest.

He stated he did not believe the case had been proven.

"I am going to respectfully say a small doubt has been created," he added.

Judge O'Reilly noted the guards had not given any evidence that the bonnet was warm or it was driven before Sgt Fallon arrived.

He said there was a high bar in terms of evidence needed to convict a drink driver, particularly one in the defendant's position who had been banned at the time of his detection who was facing the prospect of significant repercussions.

Judge O'Reilly commended the prosecuting Garda on his very fair evidence.

However, he said he believed the evidence had not reached the required threshold and he dismissed the case.