Judge Elizabeth MacGrath: said her hands were tied in relation to using her discretion on disqualifying a man with no insurance
A motorist who had no insurance, later produced an insurance certificate at the Garda station, Nenagh Court was told.
However, the insurance had been taken out after he was stopped.
Danny Harty of 5 Parkmore, Roscrea, pleaded to the offence at Raheens, Birr Road, Roscrea, on September 10, 2019.
He also pleaded to using a false tax disc.
Mr Harty, in his evidence to the court, said that he had just bought the car from his sister a few hours prior to being stopped.
“I went out and got insurance straight away,” he said.
He said that he had a history of being insured.
“I thought I was insured because I was insured on a previous car,” he said.
However, he did admit that he had a prior conviction for driving without insurance.
Appealing for Judge Elizabeth MacGrath to use her discretion and not disqualify him, Mr Harty said that his wife was over seven months pregnant and did not drive. He needed to be able to drive to bring her to appointments.
The court heard Mr Harty had previous convictions for no insurance in 2010 and 2011.
Mr Harty said that the false disc had been on the car window when he bought the vehicle.
“I know where you are coming from,” said Judge MacGrath in relation to Mr Harty’s appeal not to be disqualified, “but not with that record.”
Judge MacGrath said that once a defendant had a previous conviction for no insurance, she had no discretion and her hands were tied.
However, instead of disqualifying Mr Harty for four years, she said she would ban him from driving for two years.
Judge MacGrath fined him €150. She took the charge of using a false tax disc into consideration.
Judge MacGrath set recognizance in the event of an appeal in Mr Harty’s own bond of €250.