A man arrested for drink driving whilst still serving a previous 15-year ban was jailed for six months and fined €2,500 in the District Court this week (May 11 ).
Patrick Kelly (28 ) of Shannonbridge, Co Offaly was stopped on Deerpark Road in Athlone at 12.45am on November 28, and when brought back to the Garda station, gave an intoxiliser reading of 84/100.
Inspector Nicholas Farrell told the court how Kelly was first banned for two years for a similar offence in September 2004, then for four years in April 2005, and again for 15 years in February 2007.
On the night in question, Kelly had called his girlfriend in Shannonbridge to come and get him, but because the state of the roads that night frightened her on the way to Athlone, Kelly chose to drive instead.
“He was clearly driving whilst disqualified,” said Inspector Farrell.
“How was he caught?” asked Judge Seamus Hughes.
“The car seemed to swerve a bit. We followed him to an estate, and it was very obvious after that,” said the inspector.
“My client accepts this is a very serious situation,” said solicitor Mr Tony McLynn. He went on to tell the court how Kelly had “displayed difficulties and problems with alcohol” and claimed he had recently spent nine months in rehab; however, this was clarified as just attendance at AA.
“That’s not full-time or residential. Just weekly meetings,” said the judge.
“It was his girlfriend’s car. She had come from Shannonbridge to collect him. The road was bad on the night in question and she didn’t want to drive home as she’d had a few frights on the way over,” explained Mr McLynn.
“Let’s not bring her into this,” said Judge Hughes after he found out the woman in question was not in court.
“I’m left with no choice. If he had been given a term of imprisonment on one of the previous occasions, maybe he’d have learned,” said Judge Hughes.
“Not only did he take a drink, and returned the highest level, not only that, but he chose to drive in conditions his girlfriend wouldn’t,” he continued.
The judge decided not to extend Kelly’s ban and continued his 15-year disqualification, but jailed him for six months and fined him €2,000 for driving whilst disqualified, with an additional €500 for driving without insurance.
