‘I don’t think a suspended sentence is an option’, says Longford judge

Elvina Svenciunas (21) of 51 Bracklin Park, Edgeworthstown was before the court on three motoring charges.

The defendant was charged with driving without insurance, drug driving and driving without a driver's licence at Tinnynare, Edgeworthstown. Solicitor for the defendant, Fiona Baxter, told the court her client was entering a guilty plea to all matters.

Sg Mark Mahon outlined to Judge Bernadette Owens the details of the incident that brought the defendant before the court. Sg Mahon said on January 28, 2022 at 12:20 pm Garda Charman stopped a Ford SMAX driven by Mr Svenciunas because it had no break light.

An examination of the car found it to have a bald tyre. The insurance and tax disks were not up to date and as the officer spoke to Mr Svenciunas he suspected him of drugs driving.

The defendant was brought to Longford Garda station and a subsequent blood test showed that there was a concentration of drugs in Mr Svenciunas' system above the permissible level. Sgt Mahon said the defendant also failed to produce insurance.

The court was told Mr Svenciunas had 14 previous convictions including those for no insurance and no driver licence. He previously received two five-month prison term for motoring offences in 2018 and is currently serving a sentence, due for release in October 2023.

Ms Baxter said her client is a Lithuanian national who has lived in Ireland for the last five years and has worked full time in a factory. Ms Baxter said Mr Svenciunas has “never been a burden to the State”. Judge Ownes interjected: “”He has, he's been in prison.”

Ms Baxter said Mr Svenciunas has only come to Garda attention for road traffic matters. She described how the defendant finds custody “particularly difficult” because of the language barrier.

The solicitor pointed out that her client pleaded at the first available opportunity and ask the judge to consider a suspended sentence to act as a deterrent.

Noting the facts and the mitigation Judge Owens described the level of previous convictions as “as bad as I can recall” adding that the recent convictions were “very serious”.

“With regard to the Section 56 (no insurance), I don't think a suspended sentence is an option. I will impose a five month prison term,” the judge said, but backdated to June 21, 2022 when the defendant first went into custody on the matter.

A further prison term of four months for the drug driving charge was imposed, which will run consecutive to the no insurance penalty. The section 38 (no drivers licence) was taken into consideration. The defendant's driving ban was extended to 12 years.

Recognisance was set in the event of an appeal on the defendant own bond of €250 and an independent surety of €1,000, €500 of which is in cash and the rest to be approved by the District Court.