Defendant was unaware insurance policy on BMW had been cancelled, Carlow court heard
Pic: Michael O'Rourke.
A 42-YEAR-old man who was unaware that his car insurance policy had been automatically cancelled appeared before Carlow District Court, where Judge Catherine Ryan opted not to disqualify him after hearing the circumstances of the case.
Leandro Rodrigues Guimaraes, 17 Castle Street, Carlow, who had the assistance of an interpreter, faced a charge of having no valid insurance contrary to section 56 of the .
Garda evidence outlined that on 3 July 2025 at approximately 8.20pm, a garda on patrol in Carlow town observed a BMW being driven in the area. An ANPR device flagged the vehicle as having no valid insurance. The garda spoke with the defendant, who was unable to produce a valid certificate of insurance either at the scene or at the garda station within the required ten-day period. The vehicle was seized at the scene.
Solicitor John O’Sullivan outlined the background to the case in mitigation, explaining that his client had held an insurance policy which operated on a ‘three strikes’ basis, whereby the policy would be automatically cancelled following three motoring offences, such as speeding. Mr O’Sullivan said the insurance company had cancelled the policy without his client’s knowledge. Judge Ryan was shown a letter confirming the policy had been cancelled on 9 June, approximately a month before his client was stopped by gardaí.
Mr O’Sullivan confirmed that the defendant was now insured, upon which the judge asked to see proof. The solicitor then addressed the question of disqualification directly.
“Are you asking me to exercise discretion and not disqualify the defendant?” Judge Ryan asked.
“Yes,” Mr O’Sullivan replied.
The judge noted that the defendant held a current valid policy and said: “This was a breach, albeit somewhat of a technical breach. I won’t disqualify.”
She convicted the defendant and imposed a fine of €200, to be paid within three months. The related matter of failing to produce a valid certificate of insurance was taken into account.
Mr O’Sullivan applied for fixed recognisance in the event of an appeal, telling the judge: “I know he won’t do better â you’ve been very good to him.” He explained that his client currently held a Portuguese licence and that an appeal would allow him time to obtain an Irish licence, given that he could only accumulate six penalty points.
A lodgement of €200 was directed. The defendant has no previous convictions.
