Limerick motorist 'put himself off the road' before disqualification kicked in

A COUNTY Limerick man who was stopped and found to be driving with excess alcohol had begun observing the disqualification ever before it came into effect, his solicitor, Enda O’Connor, told Judge John King at Newcastle West Court.

Gerard Walsh, of Coolcappagh, Ardagh was stopped at Abbeylands, Rathkeale on December 20, 2019 and following a blood test was found to have a concentration of 68ml of alcohol per 100ml of blood.

A fixed charge penalty notice was issued but the fine was not paid.

“It was a combination of lack of understanding and oversight,” Mr O’Connor told the judge. A payment was made by postal order but was not received in time.

But, he continued, when Mr Walsh got the penalty notice, he assumed the disqualification took effect immediately. “He actually served his disqualification before it came into effect,” Mr O’Connor said.

His client did not drive and put a neighbour on his insurance. Given the circumstances, Mr O’Connor said, he was asking the judge to strike out the matter.

“I can’t even give the Probation Act,” Judge King said. He noted that the fixed charge penalty carried a fine of €200 and a three month disqualification.

But the judge said, imposing the same €200 fine: “I have to disqualify him for one year.”

He allowed recognisance with leave to appeal on Mr Walsh’s own bond of €200.