Judge spares father driving ban due to custody of children
Carlow Court House. Photo: Michael O'Rourke
A 37-YEAR-OLD Polish man who was found driving without insurance has been fined €400 after a judge decided not to disqualify him from driving due to his sole custody of two children.
Bartek Waryszak appeared before Carlow District Court where his solicitor Tertius Van Eeden entered a plea of guilty on behalf of his client.
The court heard that on 24 August 2025 at 11.45pm at Potato Market, Carlow town, Garda Long was on mobile patrol and carried out a check on Mr Waryszak’s vehicle, which returned no active insurance.
Garda Long spoke to the driver and asked him to produce a valid insurance certificate, but none was produced. The car was seized at the scene under section 41 of the Road Traffic Act.
The defendant’s solicitor explained to the court that Mr Waryszak collected his impounded vehicle the next day, which, he said, was proof that he must have produced valid insurance as this is required in order to reclaim the vehicle from the gardaí.
In mitigation, Mr Van Eeden said that his client, who lives at Acorn Lodge, Derreen, Durrow, Laois, is working part-time as a mechanic, has sole custody of his children and that a disqualification would impact upon them.
Judge Elizabeth Healy said that given that this was the defendant’s first road traffic offence, she exercised her discretion not to disqualify him from driving because “you have sole custody of your two children and require your vehicle.” She convicted and fined Mr Waryszak €400 with four months to pay.
