Teenager gets driving ban for parking in disabled spaces

mullingar

http://www.irishtimes.com/news/crime-and-law/courts/teenager-gets-driving-ban-for-parking-in-disabled-spaces-1.1861070

A Limerick teenager who parked his car across two disabled parking spaces has been accused by a judge of breathtaking arrogance and a “lack of human feeling”.
At Ennis District Court, Judge Patrick Durcan continued his hard line against motorists who park on disabled spaces by banning John McNamara (18), of O’Donoghue Avenue, Jamesboro, Limerick, from driving for five months after he pleaded guilty to parking in the disabled zone at Ennis’s Parnell Street car park on January 4th.
Judge Durcan had earlier imposed a five-month driving ban on Iwona Zaton, of Aughanteeroe, Gort Road, Ennis, for parking in a disabled space in Ennis on January 14th.
Defence solicitor Tara Godfrey said Mr McNamara – who has no previous convictions – was going to a cinema for an evening film and had parked in the Parnell Street carpark.“He thought it was alright to park in the disabled spot there at that time of the evening.”
Judge Durcan said Mr McNamara had shown total disregard for others. After imposing the driving ban and a €500 fine, Judge Durcan said: “I would ask that Mr McNamara reflect on his attitude and change his attitude to society generally.”

auldgranny

Second offence and parked across 2 spaces. Got what he deserved.

djimi

Agree with the sentiment and fair play to the judge for making a stand, but the sentence is so ridiculously high that it will surely be appealed and overturned immediately?

Gosub

Doesn't seem high to me. Just as well I'm not a judge.

Maximus Alexander

Gosub wrote: »

Doesn't seem high to me. Just as well I'm not a judge.

Maybe you're exactly what we need. :eek:

Gosub for judge!

Dermot Illogical

auldgranny wrote: »

Second offence and parked across 2 spaces. Got what he deserved.

He got what he deserved alright, but it was his 1st offence.

Gosub

Maximus Alexander wrote: »

Maybe you're exactly what we need. :eek:

Gosub for judge!

Careful what you wish for. If he were up in front of me, the little scrote would be looking forward to a year in a Moroccan prison. :cool:

Moneymaker

Proper order.

zurbfoundation

i agree @djimi, i see it being appealed and reduced - if it gets a few headlines and cops a few people on, then maybe it will be a good thing.

bazz26

Sounds like a kick up the hole wouldn't go astray either.

K.Flyer

Its not his first offence, he did it twice and its possible that he may have done it more times than this, but only got caught on these occasions.
Good enough for him.

emeldc

K.Flyer wrote: »

Its not his first offence, he did it twice and its possible that he may have done it more times than this, but only got caught on these occasions.
Good enough for him.

Defence solicitor Tara Godfrey said Mr McNamara – who has no previous convictions

Am I missing something here

djimi

Gosub wrote: »

Doesn't seem high to me. Just as well I'm not a judge.

Its a nonsense sentence in fairness; compare it to other offenses that would warrant such a lengthy ban for a first offense and its just ridiculous from the judge. You wouldnt get a five month ban for parking a car on the Red Cow roundabout ffs, let alone in a disabled space (or two disabled spaces as the case may be).

Not that Im not glad to see the guy get a slap on the wrist for being a cheeky bollox, but it will never hold up on appeal and will only serve as a waste of time and money for all concerned.

flutered

to be parked in one is bad enough, but parking across two is really taking the we we. so thets two disabled people out of a parking spot, where esle could a wheelchair be taken out of a car comfortably.

auldgranny

Dermot Illogical wrote: »

He got what he deserved alright, but it was his 1st offence.

Ya sorry skim reading. Read a previous conviction and presumed it was him. Seems harsh then.

Dermot Illogical

K.Flyer wrote: »

Its not his first offence, he did it twice and its possible that he may have done it more times than this, but only got caught on these occasions.
Good enough for him.

The other conviction mentioned related to someone else who previously incurred the wrath of the judge for a similar offence.

Caliden

emeldc wrote: »

Defence solicitor Tara Godfrey said Mr McNamara – who has no previous convictions

Am I missing something here

Yea you're right, the previous ban mentioned is for another motorist.

I think this line is important: "I would ask that Mr McNamara reflect on his attitude and change his attitude to society generally." as it suggests that perhaps his behaviour in front of the judge was less than stellar.

Contempt is an offence and some people may say "who the **** does the judge think he is??", but the fact is that he is there to sentence you so it's nice to be nice and at least appear sorry for your actions.

zl1whqvjs75cdy

This the same judge who banned a woman from driving for 6 months for the same thing? I think that was in Ennis about 6 months back.

Anyway reckon your man was a total scrote who thought the court could do nothing. Prick.

djimi

Dermot Illogical wrote: »

The other conviction mentioned related to someone else who previously incurred the wrath of the judge for a similar offence.

To be honest it sounds a bit like he is one of those judges who is intent of making a name for himself with cases like this. Didnt Naas have a judge like that also, who routinely had rulings overturned or lessened on appeal?

bear1

A ban I think is quite excessive, maybe not to the end of the year but a 1 month or 2 plus the 500e fine and points would be well deserved in my eyes.
But 6 months, points and a fine is a tad excessive but I am glad that we have at least 1 judge who takes a tough view on these idiots.
Maybe they should use him to sentence rapists/murderers and corrupt politicians.

Jesus.

Gosub wrote: »

Careful what you wish for. If he were up in front of me, the little scrote would be looking forward to a year in a Moroccan prison. :cool:

Yeah, the kid should be hung, drawn and quartered :rolleyes:

He shouldn't have done it but its a very harsh sentence for this particular offence. Maybe the Judge has a dog in that hunt? A disabled wife perhaps?

There are other much more serious offences that wouldn't even get that much.

auldgranny

He thought it was ok to park there at night. So disabled people can only come out in the day now? The sentence seems harsh but your man's attitude is poor to say the least.

vectra

djimi wrote: »

Its a nonsense sentence in fairness; compare it to other offenses that would warrant such a lengthy ban for a first offense and its just ridiculous from the judge. You wouldnt get a five month ban for parking a car on the Red Cow roundabout ffs, let alone in a disabled space (or two disabled spaces as the case may be).

Not that Im not glad to see the guy get a slap on the wrist for being a cheeky bollox, but it will never hold up on appeal and will only serve as a waste of time and money for all concerned.

Nonsence sentence??

What about the lifelong sentence the disabled people are burdened with that come along to find there is no space for them to park so burdening them with further difficulty.
This gob$hite comes along with absolutely no respect for them to go to the cinema. I am damn certain there were plenty more spaces where he "Knew" he was allowed park.

Why should it be overturned.

I would withdraw his licence and make him sit a test again.
Also donate €1k to the disabled drivers association.

SpaceTime

If you can't park a car without taking up two extra large car parking spaces there might be a good reason for refreshing the module on parking skills!

emeldc

Does anyone know if it's within the Judges remit to impose a driving ban as a maximum sentence for a parking violation. If he is allowed to impose his own views on sentences, then surely he could lock him up for 12 months if he wanted to. I'm just not sure that the judge has the power to go beyond maximum sentencing guidelines.

Dermot Illogical

djimi wrote: »

To be honest it sounds a bit like he is one of those judges who is intent of making a name for himself with cases like this. Didnt Naas have a judge like that also, who routinely had rulings overturned or lessened on appeal?

There have been a few around that I can recall. The logic seems to be that a successful appeal is expected, but the publicity given to the original sentence has an effect on local offenders. I don't think there will be many people committing this particular offence in Ennis for a while.

nice_guy80

Good enough for him

I wish they'd clamp down on the amount of disabled permits being used where there is clearly no disabled person in the car

vectra

emeldc wrote: »

Does anyone know if it's within the Judges remit to impose a driving ban as a maximum sentence for a parking violation. If he is allowed to impose his own views on sentences, then surely he could lock him up for 12 months if he wanted to. I'm just not sure that the judge has the power to go beyond maximum sentencing guidelines.

But is it a case of a simple parking violation?

Is there a difference in parking in a no parking zone and parking in a specifically laid out parking spot?

vectra

nice_guy80 wrote: »

Good enough for him

I wish they'd clamp down on the amount of disabled permits being used where there is clearly no disabled person in the car

Debatable.
Sometimes a disability may not be as visible as some people expect them to be.

nice_guy80

vectra wrote: »

Debatable.
Sometimes a disability may not be as visible as some people expect them to be.

Ok.
If someone drives into a disabled space then hops out of the car and into the supermarket....
Yet is displaying disabled permit?

tfitzgerald

Points on his licence would have being enough. This is pure overkill

djimi

vectra wrote: »

Nonsence sentence??

What about the lifelong sentence the disabled people are burdened with that come along to find there is no space for them to park so burdening them with further difficulty.
This gob$hite comes along with absolutely no respect for them to go to the cinema. I am damn certain there were plenty more spaces where he "Knew" he was allowed park.

Why should it be overturned.

I would withdraw his licence and make him sit a test again.
Also donate €1k to the disabled drivers association.

Because (thankfully) the law does not work on the basis of public hysteria. I agree with you that the guy is a little **** and Im not sorry to see him punished. However a 5 month ban for a parking violation (and a first offense at that) is absolutely ridiculous when you consider the other offenses that would have a similar punishment. Its basically the same punishment that you get for racking up 12 points, and this judge has handed out this sentence for a first offense of parking like an asshole.

Im not saying that the guy was right to park like that and Im dont want it to sound like I am siding with him. But the law has to be consistant, and in this case the sentence handed out far outweighs the offense commited. Its a case of a judge trying to make a name for themselves (mission accomplished) and as far as Im concerned thats just an abuse of their position from the judge.

PrettyBoy

nice_guy80 wrote: »

If someone drives into a disabled space then hops out of the car and into the supermarket....
Yet is displaying disabled permit?

Does someone need to be in a wheelchair for you to consider them as disabled?

Duiske

I drive a wheelchair accessible van regularly, and it's a pain in the @ss to find suitable parking spaces at the best of times, and I'll be honest, on a couple of occasions have pointed out to traffic wardens cars without permits that have taken up spaces I could have used. Maybe a mandatory €500 fine and proper enforcement would help focus peoples minds, but a ban from driving which could affect your ability to work ? Totally over the top, and if this is going to be the norm i'll just ignore cars without permits from now on. The drivers may be inconsiderate @ssholes, but I wouldn't want to be responsible for them receiving driving bans.

Yawns

nice_guy80 wrote: »

Ok.
If someone drives into a disabled space then hops out of the car and into the supermarket....
Yet is displaying disabled permit?

Do they need to have a visible disability? Are they only disabled if you can see it?

djimi

PrettyBoy wrote: »

Read the text again, thoroughly this time. It was his first offence. The rest of your post is totally irrelevant. It's like saying Oscar Pistorius should be locked up because he probably killed several people but was only caught on one occassion.

Already covered tbf!

PrettyBoy

K.Flyer wrote: »

Its not his first offence, he did it twice and its possible that he may have done it more times than this, but only got caught on these occasions.

Read the text again, thoroughly this time. It was his first offence. The rest of your post is totally irrelevant. It's like saying Oscar Pistorius should be locked up because he probably killed several people but was only caught on one occassion.

Kimbot

nice_guy80 wrote: »

Ok.
If someone drives into a disabled space then hops out of the car and into the supermarket....
Yet is displaying disabled permit?

My boss has one of those stickers, i see him parking up in those spaces all the time, hopping out of his car and walking into the premises. You would think that he was chancing his arm but he has a prostetic leg.

Caprichos Monsters

Going off topic here, but does he really need to use the disabled space? he can walk.

Jesus.

vectra wrote: »

I would withdraw his licence and make him sit a test again. Also donate €1k to the disabled drivers association.

And off we go. Silly season again...

DoesNotCompute

Good thing it wasn't Judge Zaidan, otherwise he would have had him executed

jimgoose

DoesNotCompute wrote: »

Good thing it wasn't Judge Zaidan, otherwise he would have had him executed

No, that'd be Mick Patwell. :pac:

I'd say by all means fine the shyte out of his pimply ass, but I think the driving ban is excessive.

obezyana

Over at the local Supervalu there is constantly people parking in the disabled and parent/baby spots just because they are all just too bloody lazy to walk that extra bit.

I know Supervalu won't ever do a thing about it because the people will just go and bring their ignorance somewhere else.

Yawns

Baby & Parenting spots have no legal standing. You can park there without kids if you like. They're more like courtesy spots to make it easier for getting a car seat in and out.

goulders

Quote:
Originally Posted by vectra View Post
I would withdraw his licence and make him sit a test again. Also donate €1k to the disabled drivers association.

€1k for DDA ? dont think so they make enough from disabled drivers, €35 for a two year permit, (£10 in england),. €30 per hour for driving lessons,etc etc

obezyana

Yawns wrote: »

Baby & Parenting spots have no legal standing. You can park there without kids if you like. They're more like courtesy spots to make it easier for getting a car seat in and out.

I wouldn't care about any legal standing it's more about havin a bit of consideration for people who have young kids which is all the more relevant when it's pissing rain out.

auldgranny

What's the law on parking in disabled spots? Is it automatically a court appearance or was this clown there because he refused to pay a fine?

jimgoose

nice_guy80 wrote: »

Ok.
If someone drives into a disabled space then hops out of the car and into the supermarket....
Yet is displaying disabled permit?

From http://www.iwa.ie/services/motoring/disabled-parking-permit-scheme:

"c) People who are not holders of the Primary Medical Certificate or registered blind, are required to have their application form completed by a certified medical practitioner. On receipt of the application form you need to make an appointment with a certified medical practitioner. See How to apply

The certified medical practitioner will conduct the assessment within the statutory definitions of the eligibility criteria for the Disabled Parking Permit scheme. The 2010 regulations state that a Disabled Parking Permit is granted to:

a person with a permanent condition or disability that severely restricts their ability to walk
This statutory definition is inclusive of a range of conditions which restrict mobility, for example lung and heart conditions."


So yes, a reasonably healthy-looking person with some sort of cardiovascular condition could "hop out" of the car, but find themselves in trouble after walking fifty yards or so, for example.

K.Flyer

Apologies, I misread the article...

K.Flyer wrote: »

Its not his first offence, he did it twice and its possible that he may have done it more times than this, but only got caught on these occasions.
Good enough for him.

emeldc wrote: »

Defence solicitor Tara Godfrey said Mr McNamara – who has no previous convictions

Am I missing something here

Dermot Illogical wrote: »

The other conviction mentioned related to someone else who previously incurred the wrath of the judge for a similar offence.

H3llR4iser

Guess the sentence is just an "headline grabber" to dissuade others from the same behaviour; Particularly useful when it regards disabled parking spaces. It may well be overthrown in appeal, as it is exceedingly harsh for what the violation is.

On the other hand, doesn't it seem like some places might have a little bit too many disabled parking spaces? Standing the fact that if it's marked as a disabled spot, non-disabled people should not park in them for any reason, it's not too rare to drive around a completely full car park and go past dozens of empty disabled spaces. We have a similar situation where I work - quite literally, one space every 4 is a disabled one, and they are all always empty.
Is there a specific legislation about the minimum ratio of ordinary/disabled spaces in a car park? If there are 10 spots, and 2 are regularly used, maybe the place can do away with 5 and reconvert the other 5?

challengemaster

On a slight side-note - This guy is 18, presumably holding a full license. His defence was: “He thought it was alright to park in the disabled spot there at that time of the evening.”

If this guy recently passed the test and doesn't have a clue about h/c parking spaces, that's worrying but fits the defence. Combine it with the fact he parked across two spaces though, and really he just didn't give a flying fúck. I think the judge knew that, based on his comments, and wanted to put the little scrote in his place.