Judge Éiteáin Cunningham said it was most concerning that the offence happened when the defendant had a driving ban of two years postponed
An Ardara man who pleaded guilty to a charge of drunk driving has been disqualified from driving for six years,
Rory Maguire,50, of Carrickatleave, Ardara, appeared at Glenties District Court where he admitted the offence that happened at Monargan, Glebe, Ardara on December 8, 2021.
Inspector Pat Harney told the court the defendant initially failed a roadside breath test and a subsequent reading of 230mcgs of alcohol per 100mls of blood was detected.
The court heard that the defendant had a relevant previous conviction for drink driving in 2021 and was banned for two years and had another conviction from 2014.
The offence occurred during the period of postponement of the ban which had been granted to him by another court.
Defence solicitor Robbie Ryan said his client had been recovering from a serious operation for cancer in 2021.
On the date of the offence, he had just found out that his friend was terminally ill.
He took a chance and drove the car to his friend’s house where he had a few drinks.
The defendant had intended to stay the night but did not do so, took a chance and was caught.
Mr Ryan said the cancer had come back and the defendant was going through a traumatic time.
The defendant had two dependent children and managed his farm and looked after his aged mother.
He was dealing with a lot but had not come to any Garda attention in the interim and his drinking was under control, the solicitor said.
Mr Ryan said his client, who lives in a rural area, had been up and down to Dublin for treatment, had made an early plea and was finding the return of his illness traumatic.
Judge Éiteáin Cunningham said she had sympathy for the defendant’s health difficulties, but it was most concerning that the offence happened in the intervening period when he had his driving ban of two years postponed.
The judge fined the defendant €350 and banned him from driving for six years.
She added that there would be no postponement of the driving ban.
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