This article is from page 10 of the 2011-03-22 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 10 JPG
A CIRCUIT COURT judge has decided not to re-activate a suspended sentence in the case of an Ennis man accused of driving while under the influence of alcohol.
Thomas Molloy (20), with an address at 12 Gordon Drive, Cloughleigh, Ennis, appeared before Ennis Circuit Court yesterday in relation to a section 99 application for an order revoking an order suspending a sentence of imprisonment.
The application arose out of a charge of driving while under the influence of alcohol. A Garda told the court that Mr Molloy was twice over the legal limit when he was caught in Dublin.
The court was told that Mr Molloy appeared before Dublin Metropolitan District Court under the Road Traffic Act in relation to the incident.
The court was told that on June 8, 2009, that Mr Molloy, and three other people, pleaded guilty to affray. He received a three year suspended sentence at the time.
Counsel for Mr Molloy said his cli- ent had pleaded guilty to the charge and had co-operated perfectly with Gardaí. Referring to the charge of affray, Counsel for Molloy said he had pleaded guilty to the charge and paid compensation of € 2,000.
He added that a “considerable period” of time had elapsed between the charge of affray and the charge or driving while under the influence of alcohol.
Judge Carroll Moran said that there was no other aggravating factor other than Mr Molloy being over the limit.
He said that driving while the twice the legal limit was a serious matter it did not require the reactivation of a suspended sentence. Judge Moran referred the matter back to the Dublin District Court.