The case was heard at Newry Magistrates Court.
Thursday 30 January 2025 9:39
A MAYOBRIDGE man caught drink driving just over two months after being disqualified for the same offence is to learn his fate at a sentencing hearing next month.
Thomas Cuthbert, 21, of Cullion Road, was convicted of driving while disqualified and with excess alcohol in his breath, as well as using a vehicle with no insurance or MOT.
Newry Magistrates Court heard that on 27 December last year, police received a report from a woman stating her son, who was disqualified from driving, had left their house at 12.30pm and had returned about half an hour later.
When police arrived at the house, Cuthbert came out of his bedroom and was unsteady on his feet and smelled of alcohol.
He failed a breath test in the house and police were shown CCTV footage from the property which showed him leaving the property and returning around 1pm, and was noted to be unsteady getting out of the car.
Cuthbert was arrested and brought to Banbridge police station, where he gave a lower evidential sample of breath of 61 micrograms of alcohol in 100 millilitres of breath, more than one and a half times the legal limit of 35 micrograms.
Defence counsel Conor Byrne stated Cuthbert had been in custody for more than two weeks since the incident.
Mr Byrne said his client had been working since he was a young boy, and “the only issue he has is his issues with alcohol and the link with vehicles”.
Proof that the vehicles which Cuthbert had access to have been scrapped were produced to the court, along with confirmation he has been referred to the Community Addiction Team and the Mental Health Team.
Mr Byrne continued: “In conversation with him today, prison has been a salutary experience and one he’s indicated he will never repeat. He knows he needs help with alcohol.
“He’s aware he has brought deep difficulties to his family, a family which has never had experience with the court before.
“He had been consuming alcohol with third parties and I asked him where they are now, and he admitted they are nowhere to be found.
“Thomas has been in Maghaberry since the 30th of December and it has given him the chance to see who is there for him when he is in difficulty.”
Mr Byrne stated that due to his client’s recent moves to address his alcohol consumption his relationship with his father has “reignited”, adding his father is “of the view that he is finally maturing”.
It was admitted Cuthbert was in breach of a three month suspended sentence imposed in October in relation to the previous incident, but Mr Byrne said his “taste of custody has, I think, been a very preventative measure for him”.
He concluded: “He is a very co-operative, pleasant young man and I would say the penny has dropped.”
District Judge Eamonn King stated he would order a pre-sentence report be compiled with the Probation Board and ordered him to appear before the court for sentencing on 26 February.
Warning him in parting, Judge King said: “If you don’t engage with probation and are brought back on the 26th of February, you’ll get immediate custody and it’ll be more than your suspended sentence at the moment.”
Cuthbert was disqualified for a period of three years ahead of the sentencing.