Forgot to pay for diesel, returned to do so and was caught with no insurance

A man who forgot to pay for fuel and returned to the filling station to do so was then caught driving without motor insurance.

He now faces a four-year driving ban.

John Gerard McGroary, 56, of Pollnaranny, Ballintra was not present for Monday’s court sitting as he was working in the UK. The matter had been heard at a previous court and was adjourned to allow the defendant to produce his driving licence. The court heard that the licence had in fact expired and it wasn’t produced.

McGroary was charged with driving without licence or insurance at Laghey on February 9, 2021. He was also charged with failing to produce his licence and insurance documents. 

Sergeant Oliver Devaney told the court that gardaí had responded to a report of a drive-off at Kee’s Filling Station. A garda attended the station and a short time later, observed the vehicle. The garda asked the driver if he had insurance.

“He stated that the insurance was at home and that he lived a short distance up the road,” said Sgt Devaney. 

Garda Connolly followed the defendant to his brother’s house where he was presented with a policy for his brother’s work in the motor trade. It did not cover the defendant to drive the vehicle. 

The court heard that the defendant had a previous conviction for driving without insurance and two for drink driving. However, these convictions go back to 1998 and 2001.

Solicitor Francis Gillespie said his client believed that he was covered to drive under his brother’s policy, and had in fact been covered by previous policies. 

“It was a genuine mistake,” said Mr Gillespie.

He told the court that McGroary had called to Kee’s and filled up with diesel on the date in question. He then went into the shop and made some purchases. 

McGroary later realised that he hadn’t paid for the diesel.

“He returned to the shop to pay,” said Mr Gillespie. “IT was then that the gardaí observed him.”
Regarding not having or producing a driving licence, the solicitor said that McGroary had advised him that his licence had been misplaced. When he set about acquiring a replacement, he was told that it had expired in August. 

However, the defendant had not furnished his solicitor or the court with any proof that he had a licence at the time of the offence. 

Judge Sandra Murphy said the matter had already been adjourned to give the defendant an opportunity to show that he had a licence.

She imposed a fine of €350 and a four year disqualification for driving without insurance. Charges of driving without a licence and failing to produce a licence and insurance were taken into consideration. 

The judge set recognisance at a bond of €250 and a further €250 in cash in the event of an appeal being lodged.