Man (58) spared jail over getting another person to sit his driver theory test

Tom Tuite

A “naive” motorist who got another person to sit his driver theory test, which led to him being issued with learner permit, has been spared jail.

Mircea Alexe (58), of O’Connell Avenue, Phibsboro, Dublin 7, pleaded guilty to deception by inducing an official to issue a learner permit in the belief that he had completed a driver theory test to make again for himself on August 14th last year.

At Dublin District Court, Judge Treasa Kelly fined the married construction worker €300, warning him that it must be paid in three months.

Pleading for leniency, defence solicitor Michael Kelleher said that during the Covid pandemic there had been long waiting list for the theory test and he naively made a bad choice.

The judge noted that this prosecution formed part of a wider investigation which has led to multiple defendants coming before the courts.

Mr Kelleher described his client has the main breadwinner in his family and needed to drive for work and has subsequently sat and passed the theory test legitimately.

He added that Alexe deeply regretted his actions and has had this case hanging over him for years.

Alexe had 14 prior convictions, including one for having no motor insurance and another under the Theft and Fraud Act.

Judge Kelly noted some one else had done his driver theory test on his behalf, which she said could not be tolerated but noted he had taken responsibility on the first day it came before the court.