Saturday 19 January 2019

Banned motorist caught driving

Balbriggan Court.
Balbriggan Court.

A man who drove while under a four year driving ban has been sentenced to three months in prison and further banned from driving for six years as he was uninsured.

John Kinsella (41), who works as a plasterer, claimed he normally paid for a man to drive him to price jobs since his driving ban.

However, on the day he was stopped his driver was ill and he drove himself to price a job, Balbriggan District Court heard.

The defendant was stopped by gardai conducting a checkpoint on the M1 Junction 6 Northbound at Balbriggan at 2.20pm.

Gardai established he was a disqualified driver and seized the car.

Kinsella, of Portrane Avenue in Donabate pleaded guilty to driving without insurance and driving without a driving licence on the M1 on February 7 this year.

He has two previous drink driving convictions - one from 2014 where he was banned from driving for two years and another from 2017 where he received a four year driving ban.

Defence solicitor Fiona D'Arcy said the father-of-one is a self-employed plasterer but suffered an injury last June.

'As a result of the injury he was not in a position to work and only returned to work after Christmas. He is well aware of his history and the court's view on his offending,' said Ms D'Arcy.

She explained to Judge Dermot Dempsey the defendant normally has a driver to drive him for work purposes.

'He was going to price a job in Balbriggan but his driver was ill and he drove himself," she explained, adding the defendant is trying to get his plastering business up and running again.

'He is apologetic,' she said.

'It was a ridiculous mistake and his financial circumstances were bad at the time. He accepts he shouldn't have done it and holds his hands up. It was a once off situation and is aware the court could take a particular view,' she said.

Judge Dempsey noted the defendant was stopped in February 2014 and drove again in August 2016 and commits another offence.

'He has an atrocious record and has been given ample opportunities,' remarked Judge Dempsey and imposed a three month prison sentence and banned the defendant from driving for six years for having no insurance.

He also convicted and fined him €300 for driving without a driving licence.

Fingal Independent