A man jailed for 10 months in March after being convicted for a fourth time for drink driving, will have to wait until next July to see if he has to serve out his sentence, after his barrister gave the appeal court a doctor’s lettter saying the defendant had been “12 months sober in May”.
Brendan O’Shaughnessy (40 ) of River Street, Clara, who was also hit with a 10-year driving ban at his District Court appearance four months ago, was in the Circuit Court this week (July 20 ) to appeal against the severity of the jail sentence but not the driving ban.
The court heard how O’Shaughnessy’s car was observed weaving on the M6 outside Moate on April 22, 2009 and when stopped and intoxilised he returned a reading of 107/100, more than three times the legal limit.
When his previous convictions were read to the court, it transpired O’Shaughnessy was banned from driving in May 2008 in the Mullingar District Court for seven years, and had two other previous bans from Athenry and Galway District Courts, for two and four years respectively.
His barrister, Mr Gerard Groarke told Judge Kennedy his client “was no stranger to court” and that he had served five weeks of the 10-month sentence before being bailed on appeal. On the day in question, O’Shaughnessy had been visiting his parents, and when called by his partner that their child was sick, “took a chance” with his father’s car.
“He understands he could’ve ended up killing someone,” said Mr Groarke.
In court this week O’Shaugnessy, a plant hire mechanic and father of two, admitted he was “an alcoholic”. Letters from his employer and doctor were handed into Judge Kennedy.
“I won’t finalise today. I’ll adjourn for one year to hear from the doctor if he’s still on the dry,” said the judge.
