Savannah McCarthy from Slí na Spéire, Clieveragh, Listowel, came before Listowel District Court on Thursday for sentencing
Savannah McCarthy from Slí na Spéire, Clieveragh, Listowel, came before Listowel District Court on Thursday for sentencing.
Evidence in the case had previously been heard at the court and the case was adjourned for finalisation.
Clarity was sought on whether Ms McCarthy had been in fact disqualified from driving at a previous court for dangerous driving at the time of the offences. The state noted that a driving ban had not been recorded.
However, Judge David Waters said this was an error as such a charge carried an automatic disqualification. He said the district court had no powers not to disqualify on such a charge but that the circuit court could in special circumstances decide against applying a driving ban.
The court was told aside from this Ms McCarthy was disqualified from driving regardless due to the accumulation of penalty points. Her solicitor Brendan Ahern said she did not know this was the case, therefore she had driven on two occasions without a licence.
Judge David Waters said he was inclined not to believe her.
“I have a strong suspicion that she knew exactly that she could not be on the road,” he said.
Mr Ahern said she had phoned the insurance company after she was stopped by gardaí, so she did not know, he insisted.
However, Judge Waters said that not knowing the law was not a defence.
“That is complete nonsense if a person does not know the law she should not be on the road,” he said.
Mr Ahern said she did have an insurance policy but it was invalid because she was disqualified from driving.
Sgt Stephen O’Brien said the insurance company were not informed she had accumulated the maximum number of penalty points and was disqualified from driving.
Mr Ahern said the points had been accumulated after she had taken out the policy.
Judge Waters said he was satisfied that Ms McCarthy did know she should not be driving.
He said all drivers are well aware of penalty points and “if you don’t know you have no business being on the road.”
“She was extremely reckless in her attitude.”
The court heard that she was detected twice by gardaí driving without insurance and while disqualified – one on October 18 and the other on October 21, 2023 On the first occasion she was not stopped by gardaí but was observed driving. Both incidents occurred at Clieveragh, Listowel.
The court heard she has previous convictions including one for careless driving and two for dangerous driving as well as for speeding.
Judge David Waters disqualified her from driving for four years in total. She was disqualified for two years for driving without insurance and driving without a licence/while disqualified for the October 18 incident. She was also fined €600.
She was banned for driving for four years for the second incident for both charges and fined €800.
Judge David Waters warned her she would be going to jail if she was caught again.