'Upstanding' Waterford pensioner to 'stay away from cars' after sixth drink-driving conviction

The court heard a probation report showed that the Waterford pensioner does not have an alcohol addiction but has struggled with loneliness

The defendant was found to be driving while over the limit and while disqualified from driving on the outskirts of Waterford city on March 8. File photo

A pensioner with six convictions for drink-driving has been told to "stay away from cars" by a judge or else face jail.

Judge Dara Hayes warned the 72-year-old that if there's "any driving of any sort" he would risk the sentence being imposed.

He said James Halley, of Bawnfune, Butlerstown, Co. Waterford, had made it to this "stage of his life" with his reputation as an "upstanding member of the community" intact and warned it would face serious harm if he continued offending.

"Stay away from cars, stay away from drinking with the cars," he said, "and hopefully we won't see you again." The defendant was appealing a custodial sentence that arose on the back of a series of driving offences.

The Waterford court heard the most recent came on two dates in 2020, when he was found to be driving while over the limit and while disqualified from driving on the outskirts of Waterford city on March 8. For this, he was handed a €200 fine and disqualified for a year.

The second offence came on November 16 of that year, when local gardaí who were aware of his disqualification spotted him pulling into the forecourt of a service station in Kilmeaden.

As he was driving without insurance he received a four-year disqualification and a one-month custodial sentence. Both offences were handled on the same date in the District Court. The earlier offences were committed on dates ranging from 2007 to 2015, according to State solicitor Frank Hutchinson.

Good standing in community

He said gardaí accept that Mr Halley has a good standing in the community, and is involved in local GAA where he has responsibility for the club pitch, while also living in a rural and isolated area. Each offence took place within a "close proximity" to his home, Mr Hutchinson added.

Tara Geoghegan, junior counsel defending Mr Halley, said a probation report showed that he does not have an alcohol addiction but has struggled with loneliness.

It found that he enjoyed the Probation Service's programme and while he was at moderate risk of reoffending, he had sold his car and committed to availing of public transport instead. Judge Dara Hayes accepted this. 

He reaffirmed the driving disqualification and financial penalty, but suspended the jail sentence. He gave Mr Halley three months to pay the €200 fine, bound him to the peace for six months and ordered him to continue supervision under the Probation Service, which would include volunteering with his local Men's Shed.