A FATHER who drove to the shop to get nappies for his baby when not insured to drive has escaped a prison sentence.
Richard Oâ€™Brien, 21, of Broad Street, Charleville was before Kilmallock Court for road traffic offences committed at Rathgoggin Middle, Charleville on August 8, 2012.
Garda Anthony Oâ€™Connor of Charleville garda station told the court that on the date in question he stopped Oâ€™Brien and observed that there was no insurance, tax or NCT cert displayed on the vehicle.
Garda Oâ€™Connor said he made a lawful demand for Oâ€™Brien to produce his driving licence and certificate of insurance at a station of his choice within 10 days but he failed to do so.
The court heard that Oâ€™Brien had 15 previous convictions â€“ 10 for road traffic matters.
The court heard that Oâ€™Brien was before Kilmallock Court on May 3, 2012 for driving with no insurance for which he was fined â‚¬650 and disqualified for two years. The court heard that Oâ€™Brien had another previous conviction for no insurance.
Defence solicitor, Declan Duggan, said that his client did not have a good history on the road.
â€œClearly the road seems to be where he commits his offences.â€
Mr Duggan said that his client, who is unemployed, has a 14-month old child and on the date in question it was incumbent on him to make a visit to the shop to purchase nappies for the child.
He said his client had disposed of the vehicle very shortly after being stopped by gardai. Mr Duggan said it would be a matter of â€œsignificant concernâ€ to his client if the court was to impose an immediate custodial sentence.
He said he informed his client that a disqualification was the likely outcome â€œand he will have to come to terms with itâ€.
Mr Duggan asked Judge Larkin to refrain from imposing a custodial sentence.
For driving without insurance, Judge Mary Larkin made an order to have Oâ€™Brien assessed for 160 hours of community service in lieu of six monthsâ€™ imprisonment. Oâ€™Brien was assessed by the probation services and deemed suitable for community service. Oâ€™Brien was also disqualified from driving for four years for driving without insurance.
He was fined â‚¬50 for driving without an NCT cert.
Failure to produce an insurance cert, failure to produce an NCT cert, failure to produce a driving licence, failure to produce a driving licence within 10 days and non-display of disc were all taken into consideration.