AN Ardfert man, who is expecting twins with his first cousin, is to miss their birth having been jailed for a month for a series of offences including assault, driving with no insurance for the third time and engaging in threatening, abusive or insulting words or behaviour.

Tony O'Brien of 47 Casements Avenue, Ardfert, was given the choice of serving an automatic four weeks behind bars or risk appealing a significantly longer sentence when he appeared before Judge James O'Connor at Tralee District Court on Wednesday last.

Mr O'Brien, who told the court he was expecting twins with his first cousin in two weeks time, opted for the month in custody, telling the court that he wanted a fresh start.

"My wife is expecting twins in two weeks. She's a first cousin of mine. I just want to get everything over with and get a new start in life," he said.

Inspector Donal Ashe outlined the charges against Mr O'Brien, the first of which was driving with no insurance on July 27, 2006.

He was also charged with assaulting Ardfert publican, Justin Horgan, on October 25, 2007. Having been refused permission to use the phone, both because it was out of order and because he was barred, Mr O'Brien struck Mr Horgan in the face twice.

Mr O'Brien was also charged with three counts of engaging in threatening, abusive or insulting words or behaviour, the first on May 6, 2009, when he was involved in a physical fight with a neighbour at An Fearann estate in Ardfert at 2.10am.

On the second occasion (June 17, 2007), Mr O'Brien was again found at the same estate at 2.35am, this time with his shirt off, looking for a fight. He was highly intoxicated and barely able to walk unaided, the court heard.

A week later, on June 24, 2009, Mr O'Brien was observed in a drunken row with relatives at Rath cemetery in Tralee and refused to desist when asked by gardaí. Earlier that afternoon, Mr O'Brien was observed outside the courthouse in a drunken state roaring and shouting while court was ongoing inside. He was arrested and subsequently charged with being intoxicated in a public place.

The court was told that Mr O'Brien has a series of previous convictions, including trespass, entering a building with intent to commit an offence, failing to comply with a member of the gardaí, intoxication in public, two counts of driving with no insurance and four convictions for drink driving.

Mr O'Brien said that he had been hanging around with the wrong people for a long time and that is how he got into so much trouble. Telling the judge that he was shocked at hearing the charges and previous convictions being read out in court, Mr O'Brien said he would give up drink if he could put everything behind him. "I want to hold my head up," he said.

Mr O'Brien's mother, who the court heard has three other children in St Mary of the Angels in Beaufort, told Judge O'Connor that she relies on her son for help and would like if he could be given another chance in life. She said that while it wouldn't be easy to keep him in check with regards his drinking, she would do her best.

Judge James O'Connor said that the defendant could serve an immediate four weeks behind bars or risk appealing an 18 month sentence on the no insurance charge alone, plus further prison terms for each of the other offences.

Having agreed to take four weeks, Mr O'Brien was warned that he would be on a lengthy period of probation once released.