A DISTRICT court judge has told a mum of 11 children who has been caught drink driving for the third time that she can drink until it kills her but she cannot put other road users in danger.
Judge James McNulty had been dealing with the case of Dunmanway woman Margaret O’Mahony at a recent sitting of Clonakilty District Court and said it was ‘third time unlucky’ for her.
Mrs O’Mahony of Oakmount, Ballinacarriga pleaded guilty to three drink driving offences from last year.
Solicitor Colette McCarthy said her client, who is 60 years old, has struggled for all kinds of reasons and has an alcohol addiction.
‘She is very aware of the seriousness of it and she welcomes being put off the road and prison was hard for her,’ said Ms McCarthy.
Judge McNulty said the offences on March 31st last year at Ballinacarriga, Dunmanway was her third conviction for drink driving.
‘She is a mum of 11 children and the reports I have received are too private, sad and too painful to share here in court. This is a woeful family tale of misery with untold suffering for their children,’ he said.
‘Maybe an intervention should have been made at a much earlier stage to tell her that her drinking was unacceptable but it wasn’t done and whether she changes her way and achieves sobriety is for herself. She can drink until it kills her and it probably will.’
He said the overarching consideration in any decision is the protection of the public and she must be deterred from drink driving.
‘What would be unfortunate is that by her drink driving she would cause the death of another citizen or cause them life-changing injuries.
The court heard that she has 12 previous convictions, including drink driving.
He convicted and sentenced her to four months in prison for drink driving on March 31st 2022 and disqualified her from driving for five years. She was also sentenced to five months in prison for a drink driving incident in The Square in Dunmanway on June 1st last year but it was suspended. She was also disqualified from driving for six years.
The judge also sentenced her to five months in prison for a third drink driving offence from November 5th last year at Cloonkirgeen, Ballinacarriga, and because she was on bail at the time of this offence, he said it must be served consecutively to the earlier penalty he imposed. He also disqualified her from driving for six years.
He suspended both sentences for two years in her own bond of €100 with no cash required but set down certain conditions for the suspended sentences.
As well as agreeing to keep the peace and be of good behaviour she must also obey the disqualification order and undertake not to drive while drunk or be in charge of a vehicle while drunk or commit any offence involving failing to provide a sample to gardaí.
‘If not, they will trigger the two five-month sentences,’ said the judge.
A charge of careless driving was taken into consideration, while she was also convicted and fined €1,000 for driving without insurance and given six months to pay the fine.
The defendant told Judge McNulty she would not commit offences while appealing the sentences and is not driving anymore and has made contact with Tabor Lodge to access treatment for her alcohol addiction.
Recognisances for an appeal were fixed in her bond of €100 and the judge also sought a surety of €10,000, with half of that to be paid in cash. He accepted her husband as a surety who paid the money into court.
As well as the usual conditions while out on bail appealing her sentence, Judge McNulty said she must fully and sincerely commit to abstinence and treatment and must not drink and drive again.
She must also obey the court order and agree not to drive drunk or sober for the next six years.
‘If Margaret is observed driving she should be arrested and bought before a court where he suspended sentences will be activated.’
