Motorist was disqualified when caught drink driving

David Hurley

Reporter:

David Hurley

Judge Eugene O'Kelly imposed prison sentences totalling 10 months
A MOTORIST who was caught drink-driving while disqualified was sentenced to ten months imprisonment for road traffic and fraud offences.

A MOTORIST who was caught drink-driving while disqualified was sentenced to ten months imprisonment for road traffic and fraud offences.

Dainis Bokans, aged 34, of The Moorings, Westbury pleaded guilty to several charges relating to offences on July 29, last.

Sergeant Donal Cronin told Limerick District Court the married father-of-two was arrested at Athlunkard Avenue, Shannon Banks at around 2.30pm and that an analysis of his breath showed he was almost four times the legal alcohol limit.

He added that he was disqualified at the time and had produced a driving licence with a different name and date of birth.

Judge Eugene O’Kelly was told the fraud charge related to Mr Bokans’ failure to inform his insurance company of his previous convictions when applying for insurance.

“Despite a prior disqualification, he attempted to fraudulently obtain insurance,” he said adding that the insurance would have been declared invalid has there been an accident.

Solicitor John Herbert said his client, who has four previous offences for drink-driving, has been living in Limerick for some time and that he had no explanation for his actions.

“He had no particular reason to be driving so close to his home,” he said.

Imposing sentence Judge O’Kelly said the defendant had made a “deliberate and premeditated attempt to obtain insurance” and that he regarded this as an “entirely separate offence” to the driving matters.

He said it was an aggravating factor that the defendant was “not somebody who faced some emergency and needed his car” on the day he was stopped.

He said Mr Bokans had shown a “complete and deliberate disregard for the law” and that a further aggravating factor was his level of intoxication when stopped.

He said the gravity of the offences meant a community-based sanction was totally inappropriate.

He imposed a five month prison sentence in relation to the driving offences and he imposed a consecutive five month sentence relating to the false declaration to his insurance company.

In addition to the prison sentences, the judge disqualified Mr Bokans from driving for 20 years.

“He is not fit to be on the road,” he commented.

Leave to appeal the severity of the sentence was granted.