A man, who has been caught driving while disqualified for a third time – and a fifth time with no insurance – has been spared prison.
Despite being in breach of a suspended prison sentence, Marius Baciulus, of Corcrain Drive in Portadown, was ordered to carry out 200 hours of unpaid work for driving while disqualified and without insurance.
The 34-year-old was caught driving along the Annareagh Road in Hamiltonsbawn shortly before 8pm on June 19.
Police carried a blue light stop and found the driver was disqualified until January 18, 2025.
Baciulus’s defence barrister, Kevin O’Hare, said his client had previously been before court for driving while disqualified where he received a suspended sentence and that his “road traffic record, generally, doesn’t do him any favours”.
He added: “The pre-sentence report does speak to someone who, save for these issues in terms of his engagement with the traffic legislation, is someone who has sort of held various jobs, and seems to have a good attitude to work.”
But admitted that he’s “between jobs at present”.
However, he urged the court for leniency for the father-of-two.
“He understands very clearly that he should be going to jail today. He knows what that means, but because he’s someone who, asides from these difficulties that he’s had, has tried to make a positive contribution to society.”
District Judge Laura Marshall said: “This is his third driving while disqualified…his fifth no insurance and fourth in recent times.
“There’s absolutely no regard for the road traffic legislation and no regard for the order of the court by breaching a suspended sentence for exactly the same thing.”
Mr O’Hare responded: “Those are all very fair observations, which I can’t challenge.”
Passing sentence, Judge Marshall, said: “Look, you should be going to prison today for 10 months, and I am a little bit concerned about whether you’ll do a community service order or not.
“The only reason I’m doing this today is because you kept about 18 months of your [previous] disqualification. Had this happened any earlier, other than coming into the last six, seven months of the two year disqualification, you would have been going straight to Maghaberry.
“I’m going to make a Community Service order for 200 hours, because you have a work ethic and you can do 200 hours of voluntary work. It will be of more benefit to the community than you going into prison.
“But be in no doubt, if Probation and Community Service have any difficulty getting you to do your hours, you may bring your bags when you come back to court, because you’ll be going to Maghaberry for 10 months.
“So, every time you feel tempted to ring in sick to probation, or miss an appointment, or whatever, just remember that that’s what’s hanging over your head if I have to revoke the order.”
Baciulus was also banned from driving for two years.
