A double no-show defendant was told he was lucky not to be going straight into custody when he appeared before Judge Fiona Lydon at Galway District Court on Monday last, September 23. The defendant was banned from driving and fined when his case was called for the third time.
The Judge was told Joseph Kenny (47 ) was seen driving erratically on June 4, 2023 by Gardaí on duty. There was black smoke coming from the exhaust of his vehicle and he pulled in front of the patrol car in a reckless manner.
He was arrested on suspicion of drink driving and a subsequent breath sample showed he was over the legal limit. The defendant was also charged with driving without insurance. A charge of careless driving was withdrawn.
The Court heard Kenny had been put off the road for two years in 2017 for driving without insurance.
He had failed to turn up in Court when his case was listed on May 21 and again on September 11. Kenny had 16 previous convictions.
Defending solr Catherine McDarby pleaded that her client was 47 and had six children with ages ranging from 14 to 28. He had addiction problems but accepted he should not have been driving while intoxicated. He was willing to comply with the Probation Services if given the opportunity.
She said that her client had started a job two weeks before the hearing and this was his first job in quite some time. He accepted he had alcohol and substance abuse problems and was not driving.
Judge Lydon put Kenny off the road for four years on his second no-insurance conviction and imposed a fine of €500. He was banned from driving for two years on the drink driving charge and fined €250 for driving without a licence. A drug possession charge was struck out.
Judge Lydon told Kenny he was getting a chance to engage with the Probation Service for one year and ordered him to take the advice offered and avail of any treatment offered.
This article is funded by Comisiún na Meán under its Local Democracy and Court Reporting Schemes.
