Newry motorist gets 8 month sentence

AS thin and weak an excuse as I have ever heard."This is how Deputy District Judge O'Hare described the reason for driving whilst disqualified cited by a Newry motorist who appeared before the court charged with two counts of the offence.

Facing the charges as well as further counts of driving with excess alcohol in his breathe, using a motor vehicle without insurance and having no driving licence arising from instances that occurred on August 1 and September 15 of this year was Gatis Skujevskis (44) of Belmont Crescent Newry.

Regarding the offending which Skujevskis faced dating back to August 1 the court heard 10.15pm on this date police had cause to stop a black Toyota vehicle being driven by the defendant Skujevskis within the vicinity of the Tullymacreeve Road , Mullaghbawn.

Upon speaking to Skujevskis police could see that his eyes were glazed and reddened whilst detecting the strong smell of intoxicating liquor coming from the vehicle. Skujevskis provided a preliminary breathe test which came back with a reading of 123miligrams of alcohol in breathe, whilst also providing a loer evidential reading of 111miligrams in breathe.

Skujevskis would admit to having no driving licence on this date and having No insurance on the Toyota and that he had previously been disqualified from driving in March of this year.

The court would also hear how on September 15 of this year police would stop a silver Citroen being driven by Skujevskis within the vicinity of church street Jonesborough. It would transpire yet agai that Skujevskis had no valid policy of insurance to drive the Citroen and that he was still subject to the period of disqualification from driving that had been imposed in March.

After reading a presentence report provided to the court Deputy District Judge O'Hare would make reference to Skujevskis "somewhat cavalier attitude to his responsibilities" given the fact that the incident in Septmber was his second time being detected as driving whilst disqualified since March .Addressing the court a defence solicitor stated that Skujevskis was well aware of the view Newry Magistrates takes in instances were someone is detected as driving under the influence of alcohol as he was in August"

It is clear that he does take this matter seriously.

His father was killed in a road traffic collision when he was a young boy. He is very much aware of the seriousness the court takes it. It is crystal clear he takes this matter very seriously.Judge O'Hare would retort""Having been disqualified in March from driving and in August he then drove again in September.Responding defence would describe Skujevskis as a 41 year old man who travelled from Latvia with a good working history and given the fact that he know finds himself out of employment this has left him exposed to "dangerous choices" which may have contributed to his offending. However regardless of the explanation offered by defence this did not stop Judge O'Hare from asking a rather simple question regarding Skujevskis offending, that being "why?"

"Why having left court with a disqualification in March, he drove in August then left court with again with a disqualification and again drove in September. He knew he was disqualified so why did he drive in August and September."Responding defence would explain how the incident that took place on September 15 as a result of Skujevskis returning a mobile phone to his friend, with the incident in August being the result of his having taken the vehicle from a friends house.

Explaining to defence that in his view the custodial threshold in the case was passed Judge O'Hare afforded defence with a short time to consult with Skujevskis via an interpreter to see if he could offer up a better excuse to the court regarding why he was detected as driving whilst disqualified twice in the same year. Regrettably Skujevskis could provide no better excuse to the court other than that he felt an obligation to return a phone on September the 15 and that he knew his actions to be foolish.

However Judge O'Hare would describe this as " a thin and weak an excuse" s he had ever heard."You were in court in March and told you were disqualified for two years. On August 1 you decide to drive a vehicle when you consumed a massive amount of alcohol and there were passengers in the vehicle with No Insurance. It was not an option for you to drive a car at that point. You were stopped, arrested and taken to custody, charged to court where you pleaded guilty.

The matter was adjourned for a probation report and you were made subject of another disqualification. You spoke to probation about drink driving, driving whilst disqualified and No insurance. In view of a personal matter you decide to drive a car to return a mobile phone.

This is a thin and week an excuse as I have ever heard. It is clear to me that you have not learned your lesson that you should not be driving your car until the disqualification is lifted, you have past your test obtained your licence and been properly insured.

A community based order does not find favour with me In my view the custodial threshold is passed and I must consider whether this will be immediate or suspended. Because of the pattern of beahiour and the blatant nature of the offences it will be immediate custody.

Passing sentencing in the case Judge O'Hare would order that Skujevskis serve 4 months in custody with respect of of the two counts of drivig whilst disqualfied to run consecutively making for a maximum period of custody of eight months. Skujevskis was subsequnelty bailed to the value of £500 pending appeal to the sentence.