Tullamore judge hears drink-driver will appeal against jail sentence
"When will I get out?" asks repeat offender who abandoned wife in car after hitting ditch
A CONVICTED drink-driver who appeared before Tullamore District Court by video link from prison is appealing against three concurrent six-month sentences.
On February 28 last Antanas Kazakevicius (57), Assumption Park, Roscrea was sentenced and fined a total of €750 for drink-driving, dangerous driving and driving without insurance at Dungar, Roscrea on April 11, 2023.
The court heard he committed those offences despite being banned from the road only five weeks earlier.
Judge Andrew Cody was told the accused was driving towards Roscrea at 4.45pm and collided with a ditch.
He left the vehicle in a field and left the scene, leaving his wife in the car. He was later found to have an alcohol concentration of 231 milligrams per 100 millilitres of blood, a level Judge Cody remarked was “in the top bracket”.
On March 6 last year Mr Kazakevicius was fined €500, banned from driving for six years and received a six-month suspended sentence for dangerous driving and drink-driving.
In addition, prior to that he had other six-year and three-year driving bans and a four-year ban for having no insurance. On one occasion he had failed to provide a specimen.
The February 28 court sitting was told by defence counsel David Nugent, BL, that the accused was a married father of two who was unemployed because he had lost his job due to his alcohol addiction.
He knew he had a problem with alcohol and apologised for what he had done. He had sought help but without success and the addiction kept dragging him back in and he was asking the court for leniency
The barrister said Mr Kazakevicius' offending was not a disregard for the law but was because he was in the throes of an addiction.
Judge Cody said the matters before the court were serious and he noted in particular the man's third drink-driving conviction at Tullamore District Court where he had been fined €1,000 and received a suspended sentence of six months.
“Within five weeks he was back out on the road again,” remarked the judge.
“Even worse he abandons his partner in the car after hitting a ditch, while clearly very drunk.”
Judge Cody said the message of the suspended sentence was not getting through.
Along with the six-month prison sentences and the fines, the judge banned Mr Kazakevicius from driving for 15 years.
Judge Cody fix recognisances for an appeal and also made an order remanding the man in custody for two weeks because of the breach of the terms of his suspended sentence.
Last week the court heard he had lodged an appeal.
“When will I get out?” Mr Kazakevicius asked, speaking to the court through the video link.
Judge Cody told him he would be remanding him in custody again with consent to bail, on his own bond of €100 and explained that he could sign that bond before the prison governor.
Mr Kazakevicius must then appear before the District Court again on March 27. Judge Cody also told the accused he was still entitled to free legal aid.