Man who drove uninsured is handed eight-year ban

A MOTORIST was disqualified from driving for eight years when his case went before Wednesday’s sitting of Gorey District Court.

Anthony Armstrong, 5 Mount Leinster Park, Kilmyshall, Bunclody, appeared before Judge Brian O’Shea charged with committing an alleged motoring offence on January 30, this year.

Sergeant Victor Isdell said gardai demanded to see the defendant’s ‘documents’ and the vehicle wasn’t taxed.

The defendant’s solicitor said his client was disqualified at the time and should not have been driving.

The court heard the defendant had 15 previous convictions of which four were in relation to driving without insurance, however, the solicitor said: ‘On three of the previous he believed he was insured but he wasn’t.’

On the occasion he was stoppped the solicitor told Judge O’Shea that his client was with his partner who became ill.

‘He drove a short distance,’ he said.

‘He has just taken up employment and he lives with his mother who is 84,’ he added.

The court heard the defendant is the sole carer for his mother and the solicitor asked the judge to consider ‘suspending any sentence he might consider’.

‘He appreciates the seriousness of the matter,’ said the solicitor.

‘He accepts he was completely foolish in what he did,’ he added.

The defendant addressed the court and told the judge his mother was in poor health and that she had poor vision.

He said he needs to be ‘at home for security alone’ and that he doesn’t intend driving again.

‘I have never come to the attention of the gardai in any other way,’ he said.

The court was told the defendant’s sister brought their mother for doctor and hospital appointments and when it was put to him by Sgt Isdell that his sister could also care for their mother the defendant said: ‘No, she has her own family.’

‘I do everythin I can, only I can’t drive,’ he added.

‘I want to keep mam out of a nursing home and I am afraid if I get a custodial sentence that is where she will go.’

In his summary Judge O’Shea remarked on the fact that the offence was committed a short time after the defendant was in court on another matter.

The judge said a mitigating factor was that the defendant entered a guilty plea at the earliest opportunity.

‘ The reality is that his behaviour shows total disregard for road laws,’ said Judge O’Shea.

‘Other people have to pay the cost of people who drive with no insurance,’ he added.

‘He should have thought about his mother before deciding to drive again.’

In imposing a three month prison sentence the judge said he was ‘ total convinced’ that he wasn’t imposing the sentence: ‘I am not sending him to prison; he is doing that himself.’

The judge imposed a further five months prison sentence for the defendant being in breach of a bond and commented: ‘ That’s a total of eight months in prison.’

He disqualified the defendant from driving for eight years.