5 months prison sentence ‘well overdue’ says judge
AN uninsured driver is to be given a “well overdue” five-month prison sentence after being caught for the seventh time.
However, a judge said he would not sentence Aidan O’Toole for another three months for compassionate reasons as he had a newborn child.
Blanchardstown District Court
Judge David McHugh said he would perfect the order on a date in May and remanded him on continuing bail.
O’Toole, aged 34, with an address at Cherryorchard Meadows, Ballyfermot, pleaded guilty to the offence when he appeared in Blanchardstown District Court.
Garda Sergeant Maria Callaghan said gardai were on patrol at St Cuthbert’s Road, Clondalkin on July 10 last year.
They saw the accused driving a Volkswagen Jetta and their attention was drawn to him because he was holding a mobile phone.
The gardai stopped him and demanded his licence and insurance. O’Toole told gardai he had left his driving licence at home but when checks were carried out, it was established that he was a disqualified driver on the day.
He was arrested and brought to Clondalkin Garda Station.
The court heard the accused had 26 prior convictions, six of which were for uninsured driving.
He was given a six-year ban previously.
O’Toole was a married father-of-four and his children ranged in age from 16 to a newborn who was born prematurely recently, his barrister said.
O’Toole had been a bin man for a number of years but was now out of work.
At the time of the incident, O’Toole had a disagreement with his wife, had moved out temporarily and was living with his sister, not far from where he was stopped.
He made a “foolish and reckless decision to get behind the wheel” of his sister’s car and was en route to the local supermarket when he was stopped.
It was a “monumental error of judgement on his part,” the barrister said.
Judge McHugh said O’Toole had an appalling record for uninsured driving and a prison sentence was the only means by which justice could be done.
He sentenced O’Toole to five month in prison “which he richly deserves” and banned him from driving for eight years.
The sentence was “well overdue,” he said.
However, the judge said he would not perfect his order for three months for “compassionate reasons.” Instead, he adjourned the case to May 13 for imposition of the sentence.
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