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Drove when four times over legal limit

May 18th, 2022 7:10 AM

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A DISTRICT court judge told a Clonakilty man, who was four times over the legal drink driving limit, that he ‘may be going away’ for the summer if a probation report requested is not to the court’s satisfaction.

Judge James McNulty was dealing with the case of Joseph O’Sullivan (25) of Tullineasky, Clonakilty, who pleaded guilty to drink driving, while a charge of careless driving was withdrawn by the prosecution.

Sgt Paul Kelly told the court that on August 15th last at 9.50pm Gda Dennis Kerrisk responded to a single vehicle collision at Ahamilla on the N71 outside Clonakilty.

‘On arrival he observed a silver car turned over on its side and he spoke to the driver of the car. An ambulance was called and medical assistance was given to him and an occupant in the car,’ said Sgt Kelly.

‘The driver told Gda Kerrisk that he had lost control of the car and mounted a kerb. Both were taken to CUH where the defendant gave a blood specimen of 224mlgs of alcohol per 100mls of blood, which carries a three-year disqualification.’

The court heard that the labourer has two previous convictions, including one for driving without insurance, and he received the benefit of the Probation Act for being drunk in a public place.

Defence solicitor Conrad Murphy said his client works as a labourer for a builder and lives in a rural area and will need his mother to drive him to work if he is disqualified.

‘He was co-operative and made immediate admissions at the scene. He’s extremely embarrassed and apologises to the court,’ said Mr Murphy.

Judge McNulty noted that the defendant was ‘more than four times over the current legal limit.’ ‘It’s serious social irresponsibility and he had a passenger in the car too,’ said Judge McNulty, who was told that the defendant’s insurance company will be paying out a claim as a result of the accident.

Judge McNulty said Mr O’Sullivan needs to have a good hard look at himself and added that it’s the second time that drink has affected him.

‘The cause of his re-offending is serious intoxication.’

He directed that a probation report be carried out on Mr O’Sullivan and that he would need €1,000 in court on July 5th if he wanted to avoid going to prison.

‘If the probation report is not good, he’ll be going away for the summer.’

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