Prison for man with no insurance who refused to give Donegal gardai breath sample

A man with 59 previous convictions has been handed a three-month prison sentence and banned from driving for five years.

John Fitzgerald was before Letterkenny District Court in connection with an incident on October 6, 2024 in Letterkenny.

The 31-year-old Fitzgerald, with an address at Parklands Apartments, Tralee, was charged with failing to provide a specimen of breath at Letterkenny Garda Station having been arrested.

Fitzgerald was also charged with driving without insurance at Letterkenny Retail Park, Paddy Harte Road, Letterkenny.

The accused man was brought to court from prison, where he is currently on remand for another matter.

Sergeant Maurice Doyle told the court that Fitzgerald was arrested at 1:46am on the date in question on suspicion of drink-driving. When a demand was made to provide a sample of breath, Fitzgerald failed to do so.

Fitzgerald also failed to produce insurance documentation when ordered to do so.

Sergeant Doyle informed the court that Fitzgerald has 59 previous convictions, including for no insurance.

Mr Patsy Gallagher, solicitor for Fitzgerald, said his client, a married father-of-four who has another child on the way, entered an early plea in respect of the charges.

Mr Gallagher said the court was well aware of Fitzgerald’s difficulties.

Judge Éiteáin Cunningham said the fact that Fitzgerald has relevant previous convictions was a difficulty for the court.

“He had the benefit of a suspended sentence on a previous occasion and doesn’t seem as if he has learned his lesson,” Judge Cunningham said.

Fitzgerald was sentenced to three months in prison and disqualified for five years on one of the charges. On the other, Fitzgerald was fined €250 and disqualified for five years.

Recognisance in the event of an appeal was fixed.