Insurance over a year out of date

A man whose insurance was almost 15 months out of date was disqualified from driving for two years and fined €700.

Michael Balcersak (40), Carrigover, Kilped‑ der, was also fined €150 for having no NCT.

The defendant was driving on Farran‑kelly Road on June 22, 2018, at around 8 a.m. when stopped by gardai. The NCT had expired in November and the insurance in April 2017.

He produced a Polish driving licence. The vehicle was seized and a fixed charge penalty for the NCT was not paid.

Solicitor Michael O’Connor said that his client holds his hands up to the offence.

‘He had been told by his wife he was no longer welcome in the house and they subsequently divorced,’ said Mr O’Connor. ‘He left the house and found himself on various couches.’

Mr O’Connor said that his client was in a ‘catch 22’ situation.

He couldn’t access public transport to work from where he was staying, and couldn’t afford to pay for insurance. He had to get money for maintenance for his family, as well as his own rent and expenses. ‘As ill advised as it was, he took the decision to drive,’ said Mr O’Connor. ‘He found it difficult to put food on the table.

‘He was paying rent and significant main‑ tenance. He is a decent, hard‑working man who has never come to the attention of the authorities before.

‘He made an error in judgement which was somewhat coloured by the circumstances he found himself in.’ Mr O’Connor said that his client would be unable to get to work as a security guard if his licence was taken away.

Judge David Kennedy said that the matter was aggravated by the fact that the insurance was expired by almost 15 months. ‘There is no way I will exercise my discretion,’ he said.