Courts / Dublin / Report

Mum who drove drunk with kids in car may be discharged from indictment

Date
2022-02-09
Stage
Sentence
Primary locality
Dublin
County
Dublin

Summary

A 34‑year‑old health‑care student who drove home drunk from a friend's party with her four‑ and six‑year‑old children may have her child‑neglect charges dropped if she engages with the Probation Service. At a Dublin Circuit Criminal Court hearing in November, her lawyer said it was her first offence in years and that she had arranged to stay overnight with her children. Garda Lee Kelly described how he pulled her over at 4 am on 1 September 2019, found her swerving and smelling of alcohol, and noted her abusive behaviour towards the children and the Gardaí. Tusla investigated and found the incident a case of neglect but no other welfare issues. She pleaded guilty to two child‑neglect charges and one refusal to give a breath‑sample. Judge Melanie Greally, after hearing mitigating factors, set a headline sentence of nine months but indicated a six‑month sentence would be appropriate.

Who, what, where, when and why

What: Report matter: Mum who drove drunk with kids in car may be discharged from indictment. Charges or matters: two charges of child neglect contrary to the Children Act, 2001 and one of refusing to give a sample, contrary to the Road Traffic Act, 2010. Procedural stage: sentence

When:

Why: She said because the woman was "generally speaking, a very good mother to her children" she believed it would be too harsh to leave her with a conviction for child neglect. CNI source report

Case subjects

Unnamed woman

Defendant

Charges: two charges of child neglect contrary to the Children Act, 2001 and one of refusing to give a sample, contrary to the Road Traffic Act, 2010 (Admitted)

Plea: Guilty

Outcome: She disqualified the woman from driving for four years in relation to refusing give a sample to gardaí.; Judge Greally adjourned the case to May 5 next and ordered a report from the Probation Service for that date.

Places mentioned

Court Venue
  • Dublin
  • Dublin Circuit Criminal Court

Topics

Stage Sentence

Related court reports

Read the original CNI report

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