A YOUNG plasterer wanted to make a clean sweep of all the traffic charges brought against him, his solicitor told Judge James Faughnan at Tuam District Court on Tuesday.
Ian Martin Fleming, Summerville, Moylough was faced with two drink-driving charges, one was refusing to provide a blood or urine sample for alcohol analysis and the other was a charge of drink-driving based on a blood sample provided on a separate occasion.
This second charge is covered under what is commonly known as the Ratinskis appeal, in which hundreds of drink-driving cases are held up while a challenge is made based on the chain of custody of a blood sample while in Garda custody. The case was upheld in the High Court and this decision is currently being appealed by the State to the Supreme Court.
Rather than delay matters, Danny McGrath solr (defending ) said his client wanted to make a clean sweep of things and plead guilty to all charges.
Judge Faughnan thought this was a sensible approach as the defendant was going to be put off the road for four years anyway on the refusal to provide a sample charge.
Mr McGrath said his concern was that his client would face a custodial sentence as his record was not great.
Fleming has previous convictions for driving without insurance and had already been disqualified for one year.
The defence pleaded that Fleming had alcohol and substance abuse issues but had undergone treatment in Cluain Mhuire and was “on the right track”. This was confirmed by Garda Michelle Hallinan who said he “was doing really well”.
Judge Faughnan said he would have to impose a sentence as his record and the offence were so serious. However, he would make them suspended sentences. On a driving without insurance a four-month sentence was imposed and on the refusal charge a further two months were imposed, both suspended for two years. A four-year driving disqualification was also imposed and all other charges were taken into consideration.
“If you come before me again you’re going to jail, no matter what,” the Judge warned him.
