Suspended sentence for man who told garda to “stick car up her a**e”
A MAN who told a garda she was not seizing his untaxed car and told her to 'stick it up her a**e' has been given a one month's suspended sentence, disqualified from driving and fined €600.
James Whelan (22) of Hampton Woods in Balbriggan pleaded guilty before Swords District Court to driving without car tax, no NCT, failing to stop for a garda and using threatening and insulting behaviour on February 18th at Moylara Road in Balbriggan.
Garda Louise Gernon gave evidence that she stopped Whelan and noted that the car tax and NCT had expired.
She said she was not satisfied after Whelan said he had it booked in for an NCT and attempted to seize the car.
'He shouted at me, 'You are not getting nothing, stick the car up you’re a**e,' and told me on several occasions to f**k off,' said Gda Gernon.
She said Whelan, who has four previous convictions, then drove off and she had to get a tow truck to remove and seize the car from his home address.
Defence solicitor Mr Patrick Jackson said father-of-three Whelan, who was addicted to Benzodiazepine at the time, left school at 16 and is now attending a FAS course and wants to complete his Leaving Certificate.
'It's no excuse for acting up,' added Mr Jackson.
Before handing down a sentence, Whelan apologised to the court and to Gda Gernon for his behaviour.
Judge Dermot Dempsey sentenced him to one month in prison, which he suspended for one year, for using threatening and insulting behaviour. He further disqualified Whelan for three months and fined him a total of €600.
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