A Dublin man has been convicted for drink driving in a Kildare court one day after he was convicted for the same offence in a Dublin court.
Philip Sheridan (41), with an address given as 91 Belmont Park, Raheny, Dublin 5, appeared before the Kilcock District Court sitting held in Naas on Tuesday, April 4 this week.
He had been stopped by Garda Garvan Kelleher at Laraghbryan on the Kilcock Road in Maynooth on December 17 2015. Tests showed an 80mg breath alcohol reading.
Garda Kelleher told the court that Mr Sheridan’s car had come off roundabout at Maynooth University and his car veered on to the hatch markings.
A Garda colleague drove Mr Sheridan’s car back to Leixlip Garda Station, while the defendant was in the patrol car.
Judge Desmond Zaidan was told that on last Monday, the day before he appeared in Naas, Mr Sheridan had been convicted of a similar offence at Dun Laoghaire District Court. That offence took place a week before the Maynooth incident in December 2015.
Garda Inspector John Costello said that created a difficulty. A second conviction for drink driving carries a different penalty to a first conviction.
The question arose to to whether the Dun Laoghaire offence, which is currently being appealed, thus counted for a first offence for drink driving.
The court was told that Mr Sheridan, a self-employed carpenter, had was going through “a very acrimonious divorce” at the time of the two offences between December 15-February 2016.
Judge Desmond Zaidan asked the Gardai to check with the Director of Public Prosecution over the issue.
After doing that, Inspector Costello said the DPP had advised that the Maynooth conviction be considered the first one. Judge Zaidan fined the defendant €400 and disqualified him from driving for six months.
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