localnews.ie

Kerry drunk driver handed prison sentence following fifth conviction

By Anna Zacharias, The Kerryman

The Kerryman

A serial drink-driver has been sentenced to nine months in prison at Listowel District Court. They were his fourth and fifth drink driving convictions.

Joe Horgan (47) of Trien, Kilmorna, Listowel, pleaded guilty before Judge David Waters on road traffic charges.

In one instance, he was more than seven times the legal limit.

“It’s only through luck he hasn’t killed or seriously injured somebody and then we’ll all be wringing our hands and saying what are the courts doing?” said the judge during sentencing.

Charges included failure to stop for gardaí, two counts of drink driving, two counts of dangerous driving, driving without insurance and driving without a licence.

The court heard that at half past midnight on April 21, a garda in Listowel saw a van indicate right and then drive straight, moving on to Convent Street.

The van took the bend “completely on the wrong side of the road”, Sergeant Stephen O’Brien told the court.

Mr Horgan was arrested. His urine tested at 496mg per 100 ml, more than seven times the legal limit.

It was further alleged on June 6 at 8.45pm in Ballygrennan, Listowel, gardaí saw a hatchback veer right on a bend, forcing traffic to swerve to avoid a collision. Mr Horgan then drove on to Listowel Square.

“Pedestrians had to step into the ditch to avoid being struck,” said Sgt O’Brien.

His urine tested 328mg per 100 ml, nearly five times the legal limit.

He was on suspended sentences during both incidents and had three previous convictions for drink driving, the court heard.

His most recent was at Listowel District Court on May 15, 2025, where he received a four-month suspended sentenced and a six-year disqualification for an offence from October 3, 2024.

Prior to that, he was at Tralee Circuit Court on November 12, 2024 where he was disqualified for six years for a July 2020 offence.

“He’s been given fines, he’s been given suspended sentences, he’s trying to evade police,” observed Judge Waters.

Solicitor John Cashell noted there was a “serious, serious issue”.

“He’s simply a chronic alcoholic, judge, he cannot seem to control himself,” said the solicitor.

Had Mr Horgan refused to engage with probation services.

“There are jail sentences in place for a reason,” said Judge Waters. “They’re almost never used, as you well know. It is too late to be telling me now that he’s seen the dawning of the light.”

He added, “He’s at the end of the road now.”

Judge Waters sentenced Mr Horgan to four months prison for the April drink driving conviction, with a six-year disqualification.

Mr Horgan will serve an additional five months for the June drink driving conviction, with an eight-year disqualification.

Additionally, Mr Horgan was fined €500 and given a two-year disqualification for the April dangerous driving conviction.

For the June dangerous driving conviction and a failure to stop for gardaí, he received two four-month sentences that will run concurrently to the drink driving sentence.

For driving while disqualified, he received a five-month sentence, to run concurrently, and an eight-year disqualification.

For driving without insurance, he was fined €500 and received a four-year disqualification.

“This man is at serious risk of re-offending,” said the judge.

The case was adjourned to December 18 for sentencing related to the suspended sentence imposed at Listowel District Court on May 15.