12 Aug 2022

Took car from Laois garage and would not give sample to Gardaí when arrested

Took car from Laois garage and would not give sample to Gardaí when arrested

A man who took a car and who later refused to provide a sample when arrested appeared at Portlaoise district court via video link from prison on Thursday.

Patrick Kerry, 22, of 74 Cherrygrove, Portlaoise was charged with refusing to provide a specimen at Portlaoise Garda Station on February 22, 2021 and, on the same date, with the unauthorized taking of a vehicle and trespass at Corcoran’s Garage, Clonminam, Portlaoise.

He pleaded guilty to the charges.

Sgt JJ Kirby told the court that at 6am on February 22 there was a report of an intoxicated driver at the Togher roundabout.

The car was a silver Toyota Avensis which had been taken from Corcoran’s garage. Mr Kerry was arrested and conveyed to Portlaoise Garda Station where he subsequently failed to provide a sample. He had also run down an embankment on a slip road on the M7.

Defending solicitor Barry Fitzgerald said that Mr Kerry was a 22-year old man who left school at the age of 15. He had taken alcohol and drugs at excessive levels.

He was before the Circuit Court on indictable matters and had been on bail when these offences happened.

He had been remanded in custody to May 11 for an updated report and had been in custody since March 11.

He said that Judge Johnson in the Circuit Court was monitoring him. He had issues regarding addictions.

On the date in question he had taken a cocktail of benzodiazepine tablets and was in a precarious state mentally.

The man on the screen is a very different man, Mr Fitzgerald told the court.

For failing to provide a specimen, Judge Mary Cashin noted he was driving while disqualified and disqualified him for ten years in light of previous convictions.

On the charge of the unauthorized taking of a vehicle the Judge noted his plea. She sentenced him to three months in prison, suspended for two years, and this is subject to him engaging with the probation services. He is to attend all appointments and follow all recommendations.

On the trespass charge, she sentenced him to three months concurrent, and suspended it for two years on similar conditions.

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