Derry man 'kicking on the door of Maghaberry'

A 33-year-old man has been banned from driving for twelve months after adopting a ‘cavalier attitude’ to driving while disqualified.

David Kelly, of Maybrook Terrace, admitted driving a vehicle while disqualified and without insurance on September 18 of last year.

A Public Prosecution Service (PPS) representative said the defendant was driving a van on that date when police requested he produce driving documents.  Kelly told officers he had a license but it wasn’t on him, however, it was discovered that he had been disqualified from driving.

During police interview he admitted all offences, the Public Prosecutor added.

Deputy District Judge Sean O’Hare noted that Kelly had driven one month after being disqualified from doing so by the court.  He believed it was a difficult charge for which to provide to mitigation.

In response, defence barrister Eoghan Devlin said it’s the norm for defendants to invent ‘elaborate fiction’ by way of an explanation but Kelly had provided a ‘legitimate reason’ for driving, which was an attempt to secure a livelihood for himself and his family.

Defence counsel said his client ‘has candidly accepted he was driving’ and he asked the judge to suspend any period of imprisonment.

Judge O’Hare said: “Anyone who drives while disqualified is kicking on the door of Maghaberry to try to get admitted.  Weeks after being disqualified for accumulated penalty points he was driving in defiance of a court ban.

“It’s not an option to provide for your family in any way you see fit.  His license was previously revoked and it will remain that way for some time.

“He has a cavalier attitude in respect of obeying criminal law.”

A four-month prison sentence was suspended for a period of eighteen months, Kelly was disqualified from driving for twelve months and fined £500.