A teenager on a three year driving ban and guilty of a total of 45 motoring charges without actually having learnt to drive will go to jail today (December 5 ) if he is convicted of the one charge he is contesting.
Trevor Murtagh (19 ), with an address at McCormack Park, Athlone, was up in front of Judge David Anderson last Tuesday (December 2 ) for the presentation of a Probation Report ordered when he was found guilty of the majority of the charges in his absence on November 4.
On that date the court heard evidence from at least four of his arresting gardai as to the extent of the offences attributed to Murtagh which included no insurance, not wearing a seatbelt, using a mobile whilst driving, failure to produce any documents within the allowed 10 days, and parking on double yellow lines on six dates between January and October 21 this year at a number of locations around Athlone.
On May 30, 2007 in the same court, Murtagh was given a three year disqualification for drink driving and dangerous driving.
“How come he racks up so many Section 56s [driving without insurance]?” asked Judge Anderson. Murtagh’s solicitor, Tony McLynn, explained that his client had access to his girlfriend’s car as well as his own and that “both had been insured with Quinn Direct at different times” but that “Mr Murtagh was taken off his girlfriend’s policy and the instalments were not kept up on his own”.
”He accepts he didn’t have cover on these particular dates,” said Mr McLynn. “My client hasn’t driven since his disqualification except for Garda Keogh’s summons on June 12 [for having no insurance], a charge he is contesting.” This will be heard today (December 5 ) at a special sitting of the District Court.
“Let’s get to the fundamentals. Does he have a driving licence?” asked the judge. “A provisional, judge,” said Mr McLynn who went on to ask for leniency for his client. “The Probation Report suggests Mr Murtagh will take a more positive and law abiding approach to life,” he said. “He has attended with services.”
“I can understand if he has to stay out of pubs or is coming off heroin but what services does he need to not drive a car?” asked Judge Anderson who then went on to sentence Murtagh to six months in jail on one sample charge from March 10, suspending it for six months “on condition he’s not convicted of another Section 56 committed since April 18”.
“So, if he’s convicted on the June 12 offence [the one to be heard today] he will go to jail,” said the judge. He also disqualified Murtagh from driving for 10 years.
