A judge has warned the partner of independent Clare TD, Violet Anne Wynne that he faces a driving ban if he doesn’t pass his driving test in order to secure his ‘pink driving licence’.
Judge Alec Gabbett issued the ultimatum to provisional driver, John Mountaine (41) at Kilrush District Court today (Tues) after he adjourned the sentencing of Mountaine for driving offences for a fifth time time in order to allow Mr Mountaine sit his driving test.
In court, solicitor for Mr Mountaine of Pella Rd, Kilrush, Monica Roche handed up a document provided by Mr Mountaine confirming that he is on a waiting list for a driving test at the Shannon driving test centre.
After being handed the driving test waiting list confirmation report, Judge Gabbett said: “Excellent – this is exactly what we want. At least we know we are on the list.”
In court last month, solicitor for Mr Mountaine, Patrick Moylan handed Judge Gabbett a document confirming that Mr Mountaine first applied for a driving test to the National Driving Licence Service (NDLS) more than three years ago on November 3rd 2020.
In court today, Judge Gabbett told Mr Mountaine that based on the number of offences now before the court, “this is a disqualification issue”.
He said: “My hands are tied with that level of offences before the court with no licence. There comes a point when I have no discretion anymore. The pink driving licence has to be obtained.”
Earlier in court and before Mr Mountaine arrived, Ms Roche said that she was handing into court a newspaper article provided by Deputy Violet Anne Wynne outlining the scale of delays for driving tests faced by the NDLS.
In response, Judge Gabbett commented: “I am not concerned about the overall picture – this is specific to Mr Mountaine. I am not interested in broader picture
Judge Gabbett said: “I have personal experience of this – I applied for the licence and did my test in the last 12 months – it is possible.”
At the hearing of the contested case last June, Judge Gabbett said that Mr Mountaine was continuing to break the law by driving around unaccompanied before adjourning the case as he wanted Mr Mountaine to obtain a full licence.
Judge Gabbett said last June he is to convict Mr Mountaine (41) of holding a mobile phone while driving, driving unaccompanied and driving without L plate at Lack West, Kilmihil, Co Clare.
Mr Mountaine was on a call to Deputy Wynne at Leinster House during a ‘pre-school run’ for two of the couple’s children on October 21st 2021 when he was spotted by Garda Patrick Hanley holding a mobile phone up to his ear while driving.
Judge Gabbett said that Mr Mountaine “by his admission is continuing to break the law by driving around unaccompanied. He has reasons for that but that doesn’t make them valid”.
Judge Gabbett said that Mr Mountaine has a peculiar set of circumstances where he has six children, his partner works in Dublin for a significant portion of the week and he has to drive.
Judge Gabbett has now adjourned the case to June to allow Mr Mountaine sit his driving test.
