Judge imposes suspended sentence on Longford man in ‘shocking case’

A defendant who pleaded guilty to refusing to provide Gardaí with a blood or breath sample and driving without documentation was given a 10 month custodial sentence, but had it suspended for two years at Longford District Court.

Daniel Maguire (35) of Aughagreagh, Ballinalee has further matters to be concluded in the local District and Circuit Court in November.

Sergeant Enda Daly said the defendant is facing charges from July 6, 2024 of using a vehicle without a licence, insurance, a drivers licence, or an NCT.

Other charges are that he refused to give a breath or blood sample on the same date.

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The defendant pleaded guilty to charges of using a vehicle without a licence or insurance at Gaigue, Ballinamuck Longford, and failing to provide a sample at Longford Garda Station on August 3, 2024.

Outlining details of the July incident Sergeant Daly said that at 8:35pm on that date on the R194 at Ballinalee, Longford officers observed a red Volkswagen Golf in the drive of a private residence.

The defendant, Mr Maguire, was in the passenger's seat asleep with his seat belt on. The keys were in the ignition and the door was ajar.

Mr Maguire did not own the house and the owners confirmed that it was not their car.

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There was a strong smell of alcohol and when the officers roused the defendant he refused to give either a breath or blood sample. Mr Maguire had no documentation for the vehicle.

Judge Bernadette Owens was told the defendant has 17 previous convictions, four of which were for no insurance and five for drunk driving.

In making an application for bail solicitor Frank Gearty flagged to the judge that his client, who is in custody since his most recent arrest, was answering matters at the November sitting of Longford Circuit Court.

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“Daniel has never been in prison before,” Mr Gearty said, explaining that the experience had had a significant impact on his outlook, “He has benefited from complete sobriety. He is now desperate to get treatment and would greatly appreciate the opportunity. Being in custody has been a great shock.”

Mr Gearty said the defendant's father and sister were in court to offer their support. He added: “He will abstain from alcohol in the event he gets surety approved.”

The solicitor said Mr Maguire was hoping to have his sentence in respect of the July matters adjourned to after the Circuit Court hearing to provide him with an opportunity “to get his affairs in order”.

Judge Owens noted the defendant was before the court on two separate and distinct drink driving offences, and that all were committed while on bail. Mr Gearty acknowledged it was a “shocking case”.

“Daniel is highly mannerly and co-operative except when he has alcohol. His life has been blighted by a serious addiction that has destroyed his life,” Mr Gearty said.

He continued: “Daniel's father is a distinguished and intelligent man who has dealt with his own gremlins in his time.

“Daniel knows he is facing a serious sentence. He really regrets refusing to provide a specimen. He has blossomed in prison and is “off the sauce”. He's a complete gentleman when sober.”

Sgt Daly accepted the defendant had “taken ownership of the issues” and the State was not objecting to the bail application. Mr Maguire's father took to the witness box to confirm he would provide surety for his son's bail.

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In concluding the charge of refusing to provide a sample from August Judge Owens imposed a five month term in prison, but suspended it for two years on the defendant's own bond of €250, and disqualified him from driving for 10 years.

A second, consecutive five months prison sentence was imposed for the no insurance charges, it was also suspended for two years on the defendant's own bond of €250.

Judge Owens directed that a probation report be compiled in respect of the July matters and then remanded Mr Maguire on bail to return before Longford District Court on November 5, but gave Gardaí liberty to re-enter all matters if the defendant came to their attention.