A Cookstown woman has been banned from the road for three and a half years after being convicted of failing to provide a breath sample for police.
Appearing before a sentencing hearing at East Tyrone Magistrates Court was Emma Morgan, 32, from Tullagh View.
She was found guilty at contest of failure to provide a sample, disqualified driving, and no insurance.
The court heard how, around 10pm on December 12 last year, a man had an epileptic fit, falling into Tullagh Road.
While two women assisted him, another “Samaritan” stopped his car and made efforts to keep traffic away from the stricken man.
Ms Morgan arrived and the man was “shocked by the heat of obscenities” she delivered in his direction through the car window. She exited her vehicle and went over to the ill man, shaking him.
The police duly arrived and made enquiries about the defendant’s car only to be confronted by the defendant.
Police noted that her hair was covered in vomit as was the car which gave signs of having been in use.
The court heard how Ms Morgan said that she had received a call to her house, some 800 yards away, and had got her mother to drive her down.
She also said that the vomit was actually mucus from the man on the road.
“She is currently enrolled in a criminology degree,” said Mr Fintan McAleer, defending, who also outlined how she had a previous record for drink driving.
“She is a mother to a twelve-year-old... and full time carer for her stepfather. Up until she lost her licence she transported him to hospital.
“I would ask that the court not interfere with her liberty and her responsibilities towards her stepfather.”
District Judge John Meehan interrupted, saying, “That is a very strong reason for her mother to provide perjured evidence to the court.”
“All sorts of evidence was sought, and came to nothing,” he continued.
“A trial date had to be put back and the pre-sentence report said that she had changed her evidence... that she had a history of a collapsed lung.
“This was outlandish behaviour on the road. The court has a responsibility as regards public safety.
“If you are found driving again you will go to prison,” Judge Meehan warned the defendant.
He then handed down two prison sentences totalling four months in prison which he suspended for two years.
He also imposed a 42 month driving disqualification with a requirement that Morgan pass the driving test before being able to drive again.
A fine of £250 and a court offender’s levy of £15 were also imposed.