A KINSALE motorist who continued to drive while disqualified was told by a judge that it was hardly surprising that he was facing a custodial sentence, a court recently heard.
Nicholas Riordan (45) of Skillet Lodge, Pier Rd, Kinsale pleaded guilty at Bandon District Court to driving without insurance and driving without a licence as he was disqualified at the time.
Sgt Tom Mulcahy said at 10.03am on June 16th last year at Pearse Street, Kinsale the defendant was spotted by a garda using a mobile phone while driving. The garda noted the number on his driving licence and a fixed charge penalty notice was issued which was paid.
‘However, it was subsequently discovered that Mr Riordan was disqualified at the time having received a four-year driving ban at Bandon District Court on May 7th 2021,’ said Sgt Mulcahy.
The court heard he has 15 previous convictions including 13 for road traffic offences and this would be his fourth conviction for driving without insurance.
Solicitor Myra Dinneen admitted that it doesn’t read very well and said her client apologies for what he did.
‘His driving licence was returned to him and for some benign reason he continued to drive,’ she said.
Ms Dinneen said her client had been married, is separated now and has issues with alcohol down through the years with it being ‘chaotic’ in some sections of his life.
‘Despite the negatives he assists as a tennis coach with people with disabilities and referees with rugby. He is also engaging with a drink addition counsellor who he meets every Tuesday night and is going to AA meetings.’
Ms Dineen said he has never been engaged with the probations services before and asked Judge James McNulty if the court would be open to the possibility of a probation report.
Judge McNulty said he would go with her ‘part of the way’ but noted that he is pleading to his fourth conviction for driving without insurance and he commended Ms Dinneen for her compassionate plea on his behalf.
‘He is defying the people of Ireland for his repeated driving without any insurance and he is also breaching a court order so it’s hardly surprising he’s going to prison,’ said Judge McNulty.
He sentenced him to 30 days in prison for driving while disqualified and disqualified him from driving for two years.
The judge added that because it was his fourth conviction for driving without insurance the penalty would be more severe and sentenced him to 60 days in prison, but suspended it for two years on certain conditions. These included that he must place himself under the supervision of the probations services for one year and sign a bond of €100 with no cash required. He also disqualified him from driving for four years.
Judge McNulty said there was ‘method in his madness’ and that this would give Mr Riordan support in that he will be introduced to the probation services. He also directed that he will observe and obey the disqualification order made by the court.
‘If he doesn’t obey the court orders then 60 days is waiting for him.’
Recognisances for an appeal were lodged in Mr Riordan’s own bond of €100 with no cash required.
