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06 Sept 2025

Co Derry man 'did not see' police while driving over the limit after night out

The defendant has been disqualified from driving.

Co Derry man 'did not see' police while driving over the limit after night out

Magherafelt Magistrates Court.

A County Derry man who drove through Maghera while over the drink driving limit was attempting to 'retrieve the situation' after a row with his partner during a night out, a court has heard.

Richard Stewart, of Noones Vale, Maghera appeared at Magherafelt Magistrates Court on Wednesday in connection with an incident on September 4 2022.

He entered guilty pleas to charges of driving with excess alcohol in his breath, driving without due care and attention and failing to stop for police.

The court heard a police patrol had observed a white Audi performing a U-turn on Coleraine Road, Maghera at approximately 3.00am on the night in question.

After following the vehicle, they activated blue lights and signalled for it to stop, but instead the defendant increased his speed.

Police noted the vehicle overtaking 'several' cars and crossing over the central line of the road before it turned onto Tirkane Road, made a sharp turn and came to a stop at a dead end.

The defendant was handcuffed and taken from the vehicle, with police noticing the smell of intoxicating liquor.

The 31-year-old failed a preliminary breath test and was taken to custody in Omagh, where he blew an evidential reading of 44mg.

Defence for Stewart said he had been at a function in Portstewart that night - to which he had travelled on a bus - and had gotten into an argument with his partner.

Subsequently, his partner said she was not coming back with him, and after returning home, the defendant, thinking he was 'okay to drive', got in the car to try and 'retrieve the situation'.

Counsel said Stewart had then taken second thoughts, deciding to go home instead. He claimed he had not seen the police at the beginning of the incident.

Defence took issue with the prosecution's evidence that he had been 'overtaking several vehicles', and pointed out the incident took place at around 3.20am on a country road.

They asked the judge to take into account the low reading and the guilty plea at the earliest opportunity.

Judge Dunlop disqualified the defendant from driving for a period of 12 months, noting that he would be suitable for the drink-driving course.

He also imposed fines totalling £550, as well as an offender's levy of £15.

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