Solicitor who 'lost everything' when his five-year-old daughter died is jailed for drink driving offences
A Co Antrim solicitor was jailed yesterday for two months after he was twice caught drink driving in less than a month.
Michael McCotter, 51, of Elmfield Road, Newtownabbey, represented himself from custody to plead guilty to the offences of driving with excess alcohol in breath.
Belfast Magistrates' Court heard that on June 13 this year at around 7.45pm police stopped a grey BMW on Glenmachan Street in south Belfast being driven by McCotter over an unrelated incident.
A prosecution lawyer said police detected a strong smell of alcohol from the driver. He failed a roadside breath test and was taken to Musgrave Police Station where he gave a reading of 84 milligrams in 100 millilitres of blood.
The court was told that on May 24 this year at a car park near Newtownabbey PSNI station on the Shore Road McCotter was seen reversing the car before driving forward.
"Police observed that the defendant had slurred speech and was unsteady on his feet. He was arrested and cautioned."
He gave a breath test of 141 micrograms in 100 milliliters of breath however, when he was in custody in Antrim Police Station he gave a lower evidential reading of 61 milligrams in 100 millilitres of blood.
Speaking from the custody booth in Maghaberry Prison, McCotter said the two offences were directly linked to his mental health issues.
"The main catalyst for this recent offending was the death of my five-year-old daughter who was born severely brain damaged and it was the anniversary of her death in the Children's Hospice around the time of this offending,'' he told District Judge George Conner.
"It is no excuse but it may in some way shed light on how this happened and my abuse of alcohol. When my daughter died, my marriage failed, my practice failed and my health failed.''
He said that he had phoned police on both occasions to tell them that he was in his BMW 5-series car and that was how he was detected.
"I am 51 years of age and I have pretty much lost everything and I am now trying to rebuild my life,'' said McCotter.
"I live with my lovely parents who are in good health. They provide me with support. I ask your Worship to show me mercy.''
He asked the court not to impose a prison sentence because while in custody he has availed of Cruse bereavement counselling and Relate due to his marriage breakdown.
"I have been in custody for four weeks and I have been dry the entire time. I am deeply apologetic,'' said the defendant. "This was a cry for help. I tried to get into Holywell Hospital but I was told there were no beds. I had an impeccable record but I now face losing my livelihood so I have already been punished for my behaviour.''
He told the court that once he is released from custody he intends to dispose of his BMW car.
Judge Conner told McCotter: "I have listened carefully to everything you have said. I do feel that this case does require a custodial sentence but I will temper that with mercy.''
Jailing McCotter for two months, the judge also banned the defendant from driving for five years.