Longford District Court hears defendant was stopped at a Garda checkpoint
A man who was caught driving while disqualified for 10 years has been ordered to undergo a driving course next month in advance of his scheduled appearance before Judge Bernadette Owens in Longford District Court on January 13.
The court heard how 30 year old Maciek Szczerba of Clontumpher, Ballinalee had been driving into Longford town on the morning of August 17 last to pick up food for his wife - who was unable to drive due to having recently undergone a caesarian section - when he was stopped by Gardaí at a checkpoint in Clonbalt while en-route.
Sergeant for the state, Enda Daly, told the court that when Mr Szczerba was asked to produce his drivers licence, he replied he didn’t have it. A check on the Garda mobility device however confirmed Mr Szczerba was in fact a disqualified driver.
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He was charged with driving while disqualified as well as driving without insurance.
The matter of the defendant’s previous convictions - of which he had 11 - was a point of concern for Sgt Daly.
He told Judge Owens that the father of three was currently in the midst of a 10 year disqualification and had been given community service in lieu of prison.
Sgt Daly went on to further explain that Mr Szczerba’s convictions prior to the 10 year disqualification included two that had each carried a 4 year disqualification. He also had four additional convictions relating to driving without insurance.
“So this is the fifth one then?” asked Judge Owens as she looked at Mr Szczerba’s charge sheet.
Representing the accused, solicitor Mr Frank Gearty said his client was conscious of having been given a chance before, and had been “beating himself up” over his decision to drive that morning.
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“Obviously this is a very serious matter, one that flies in the face of a 10 year disqualification order made in the circuit court,” Mr Gearty said. “He has a strong work ethic, and works in Killoe in the local steel community.
“He wouldn’t be tolerated there if he wasn’t doing his fair share. Having complied fully with the court order for the last three years, he goes and does this.
“I’m asking the court to accept that it may have been an aberration on his part; it shouldn’t have happened and he is beating himself up about it. He is willing to comply with any pro-social driving course.
“If given the chance, Judge, he would do a service to the community in lieu of prison. He’s conscious he has been given a chance before. There is no antisocial element in his previous convictions, no other more aggravating forms of antisocial behaviour.”
Mr Gearty said his client understood the gravity of the situation and was keen to assure the court there would be “no more taking the car out to drive.”
In asking the court if they could find a way not to impose a custodial sentence, Mr Gearty pointed out that his client had admitted his guilt at an early stage.
Revisiting the matter later in the sitting, Judge Owens requested the in-court probation officer conduct a community service assessment to ascertain if Mr Szczerba would be a viable candidate.
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Following the assessment, the probation officer told the court he deemed Mr Szczerba suitable to carry out community service. Upon being informed that the next pro-social driving course (a court-approved programme that reinforces safer and more responsible driving) would be taking place in December, Judge Owens said, “Before I finalise matters, I am directing him to complete a pro-social driving course. I’m almost persuaded but I want to see the outcome of that course before you finalise your persuading of me.”
The judge - who pointed out that if Mr Szczerba were to instead go into custody, “he’ll just be released within a couple of days and that doesn’t serve a purpose” - remanded him to Longford District Court until January 13 to see how he fares with the driving course.
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