A BELLEEK man who admitted driving without insurance for a fourth time has narrowly avoided being sent to jail when he appeared before Fermanagh Magistrates Court.
Thirty-six year old Patrick Gerald O’Hara from Lough Shore Road, Belleek admitted speeding, driving without displaying ‘L’ plates and driving without insurance in October last year.
After listening to a lengthy plea in mitigation from solicitor Declan Marlow, District Judge Gerard Trainor imposed an 18 month probation order and a six month driving disqualification for driving without insurance.
On October 18 last year police were carrying out speed detection duties on the Garrison Road, Belleek when they detected the defendant driving a Volkswagen Golf at 56mph in a 40mph zone.
When they stopped the defendant he said ‘sorry’. He was to be issued with a fixed penalty notice until it was discovered he was the holder of a provisional driving licence and was driving without supervision and without displaying ‘L’ plates.
Declan Marlow, defending, said his client lived in the Belleek area and was ‘no stranger to the court’.
Mr Marlow said his client, who is recently married, had a suspended prison sentence imposed on him in March, 2010 for driving while disqualified and driving without insurance.
Mr Marlow said his client was aware this was hanging over him but on this occasion he didn’t take time to consider the consequences of his actions.
The solicitor said his client had only travelled a short distance, and had ‘took a chance’.
The court was told the defendant was previously disqualified from driving for a lengthy period of time – three years. Mr Marlow said on appeal this ban was reduced and the defendant applied for a provisional licence with a view to getting back on the road legally.
Mr Marlow said the defendant has now passed his test, in December 2012, and was fully insured and legal for the road.
“He simply didn’t think” Mr Marlow said.
Judge Trainor said the only thing in the defendant’s favour was the fact his last offence was over three years ago.
The judge noted it was the defendant’s fourth conviction for no insurance and there would need to be an exceptional reason why he didn’t do what his colleague, Judge McNally, would expect him to do – ‘and send this man down the road in a van.’
The judge said the defendant had snubbed his nose to the court but after hearing Mr Marlow’s plea said he was minded not to send the defendant straight to jail instead imposing probation order for 18 months with the defendant required to complete the ‘Think First’ programme. In addition a fine of £250 was imposed. For speeding a fine of £100 and three penalty points were imposed. The five month suspended prison sentence was extended to run for a total of four years from inception.
To read more.. Subscribe to current edition
Receive quality journalism wherever you are, on any device. Keep up to date from the comfort of your own home with a digital subscription.
Any time | Any place | Anywhere