Longford District Court: Man appears on fifth drink driving charge

A father of six and banned motorist charged with drink driving for the fifth time was told he could be facing a spell behind bars after Judge Bernadette Owens opted, for the time being, to direct a probation report.

John Cash (41) 36 York Road, Dun Laoghaire, Co Dublin, was also charged with having no insurance, no driving licence, displaying a false insurance disk and giving a false name to gardaí.
That came after Mr Cash was stopped as gardaí were on mobile patrol in the Ardnacassa area of Longford town on March 28 last shortly before 11am.

Sgt Mark Mahon, for the prosecution, said gardaí pulled in and spoke to the accused after noticing a vehicle colliding with a kerb.
He said gardaí spoke with the driver and after requesting Mr Cash’s name, address and date of birth, a similar demand was made for the Dubliner to provide a sample of breath.
Sgt Mahon said Mr Cash failed to meet those requirements and also provided a false name and address, the court heard.

Judge Owens was informed Mr Cash was arrested under Section 4 of the Road Traffic Act with the vehicle itself also being seized.
Sgt Mahon said the accused later provided two specimens of breath, samples that returned a reading of 35mg per 100ml of breath.
The court was told it was a result which, under current legislation, carried a six month disqualification.
When asked by Judge Owens as to whether Mr Cash had a criminal past, Sgt Mahon said he had 35 previous convictions to his name, four of which were for drink driving.
The last conviction for the latter came in March 2008 and resulted in Mr Cash being sentenced to three months in prison and put off the road for 20 years.

His most recent conviction, other than road traffic matters, was recorded in Dublin’s Courts of Criminal Justice in March for public order.
In defence, Bríd Mimnagh said her client was a father of six who currently resided in Dublin.
Judge Owens, in noting Mr Cash’s previous 20 year ban and one for 15 years in 2008 for no insurance, said the amount of discretion open to her was at a premium in terms of sentencing.

“He has two very significant disqualifications previously and the court has to consider the possibility of a custodial sentence,” she said, adding that the court would be directing a probation report.
She also said the court would be varying Mr Cash’s bail terms, compelling Mr Cash not to drive a vehicle prior to his next appearance in court.

Judge Owens subsequently remanded Mr Cash on bail to November 7 when details of a probation report on the accused are expected to be made known.