A man who defended himself against a number of road traffic charges that could have led to a disqualification, successfully persuaded the judge as to his right to drive and left court owing just €130.
Patrick Francis Breslin (25 ) from John Paul Park, Athlone was in court this week (July 28 ) to face charges of driving without a proper licence, driving unaccompanied, using a mobile phone while driving, having no ‘L’ plate, and having a defective number plate.
For the second time this month, Breslin defended himself and told Judge William Hamill: “I comprehend what’s happening” and “I’m not in breach of legislation” when asked if he was able to understand proceedings without a solicitor.
Garda Gary Sexton gave evidence that while on mobile patrol on the Ballymahon Road at 1.10pm on April 7, he observed a driver - later identified as the defendant - on a mobile phone. He told the court how Breslin turned left and was apprehended in his home estate. When asked to produce his licence, Breslin only had a provisional document and was driving unaccompanied. Though he had insurance, if the court found his licence was invalid, this could lead to his insurance being revoked and subsequently, to disqualification.
On taking the stand and being offered a Bible for the purposes of swearing an oath, Breslin declared: “My own oath with God is good enough for him”. Judge Hamill informed him he couldn’t make up his own oath so, after being shown the two options available to him, pledged the secular affirmation.
Breslin submitted a letter to the court in which he outlined his innocence.
“We’ll concentrate on the bits that are relevant and not so much on the parts that are less so,” said the judge about the letter.
Breslin argued he was valid to drive as he had passed his driving test on October 18, 2009, and had his certificate of competency in court to prove this. He also argued his number plate was legal as “it was passed by the NCT...It’s on the Attorney General’s website, Section 19 of the Act”.
He went on to argue that he never saw any Garda car follow him and that Garda Sexton didn’t apprehend him just in his estate but actually at his home. Breslin denied using the mobile phone but Judge Hamill refused this defence saying: “I’ve heard in direct evidence from the garda that you were using a mobile phone. If you say you didn’t notice a Garda car following you, how can you argue he couldn’t have seen you use it ?”
However, the judge accepted Breslin’s contention that a certificate of competency constitutes a valid full licence and dismissed the no licence, driving whilst unaccompanied, and no ‘L’ plate charges. Breslin was convicted on the charge of using a mobile phone while driving and was fined €130.
Earlier this month, on July 7, Breslin first attempted to defend himself with a speech from a prepared script to Judge David Anderson in reply to two charges of cultivation and possession of cannabis, and then claimed he didn’t understand the charges. When Inspector Nicholas Farrell sought an adjournment in order to better prepare the case, Breslin told the judge: “With all due respect, I must reject your offer. Have a nice day.”
He was, nonetheless, remanded on continuing bail then until September 1.
