Suspended jail sentence and driving ban for Glenties motorist

A Glenties man has been given a six-months jail sentence suspended for a year, after he admitted a third offence of driving with no insurance, at the district court. 

He was also banned from driving for four years. 

Christopher Doherty (34), of The Rock, Glenties pleaded guilty to charges of driving with no insurance and drink driving, driving with no licence and possession of drugs at Gortnamucklagh, Glenties on July 17 last year. 

Charges of possession of cannabis resin and having no licence were taken into consideration. 

Charges of failing to produce insurance and a driving licence were struck out as was a charge of failing to produce a driving licence within ten days. 

Inspector David Durkin told the court that Garda Gavaghan was on patrol at Drumsallagh, Glenties where he saw a green Passat that was driven by the defendant, who was known to him. 

The defendant was stopped at Gortnamucklagh, Glenties.                                                                                               

He admitted having no insurance and was cautioned.                                                                                                      The garda detected a strong smell of drink from the defendant. 

A subsequent alcohol breath reading was 89 mcgs of alcohol per 100 mls of breath. 

A search of the defendant yielded a small amount of cannabis to the value of €10. 

The court heard the defendant had two previous convictions for no insurance, one for drunk driving and a public order matter. 

Defence solicitor Rory O’Brien said his 35-year-old client was facing a third no insurance charge which posed an “element of risk”. 

The solicitor asked the court not to jail the defendant and asked for a chance for the defendant “to behave himself” over a period and if he fell short, he would face the consequences. 

The defendant had a difficulty with alcohol for a large part of his life and he had done various rehabilitation courses and had succeeded for a period of time. 

There was an overarching family matter which affected him deeply and he “sought solace in alcohol”. 

The court heard that the defendant was a “mild mannered man” but in drink he “loses himself” and is coerced by his emotions. 

The defendant was co-operative and told the arresting officer: “You are doing me a favour’.

He was not a prolific offender in the ordinary sense, the court heard. 

Mr O’Brien said that justice might be served by a suspended jail sentence. 

He lives in a rural area and a driving ban would have a big effect on him. 

The defendant lived at home with his mother, and they helped each other house. 

The solicitor asked for leniency. 

Judge Deirdre Gearty said he made admissions at the scene and had pleaded guilty  

The judge said there was a “worrying history” and a third conviction for no insurance shows a disregard and a real acknowledgement that he is just not interested in complying with the laws of the State and in taking a car out on the road three times. 

The judge said it was preying on her better nature that the defendant would not be going to jail. 

She said if there had been an accident, she would not be hesitating in imposing a custodial sentence. 

But in the light of what the court heard, she was going to suspend a jail sentence.  Judge Gearty imposed a six-months jail sentence suspended for a year on the no insurance charge and banned him from driving for four years. 

The charge of drunk driving was taken into consideration 

Charges of possession of cannabis and having no licence were also taken into consideration. 

A charge of failing to produce insurance was struck out.