A Buncrana man who drove his luxury BMW X6 while disqualified has been banned from driving for another two years.
Kim McMenamin, of 85 Millfield Heights, pleaded guilty to the charges against him, including driving without insurance and driving without a licence, when he appeared before last week’s sitting of Buncrana District Court.
The court heard how McMenamin, who has two previous convictions for dangerous driving, was stopped by the guards in Buncrana last September while he was banned.
Judge Eiteain Cunningham said she considered the offence to be “very serious”.
Sergeant Sean McDaid outlined the evidence against the Buncrana defendant, who will turn 64-years-old in December.
Sgt McDaid explained how Garda Maguire had been on patrol at Tullyarvan, Buncrana on the afternoon of Sunday, September 10, 2023, when he encountered the accused driving a UK-registered BMW X6 car.
“Garda Maguire observed a BMW X6 travelling towards Tullyarvan,” Sgt McDaid testified.
“He recognised the driver as Kim McMenamin and he stopped the vehicle, realising that McMenamin was currently disqualified.”
Garda Maguire then made a legal demand for the production of McMenamin’s driving licence and certificate of insurance or exemption to a Garda Station of his choice within ten days, but he subsequently failed to produce.
He was arrested for the offences, the court heard. Sgt McDaid further told the court that McMenamin has two previous convictions for dangerous driving, the most recent of which resulted in a two-year disqualification being imposed at Letterkenny District Court in October 2021.
‘Really needs his licence back’
Defending solicitor, Jacquie Sharkey, told the judge that the driving ban which had been imposed on her client was almost over when he was caught.
“Mr McMenamin instructs me that the driving ban would have been up on November 5, 2023. It would have been up two months after he was stopped. It was two years,” Ms Sharkey said.
Judge Cunningham interjected, saying: “But it wasn’t two years. The fact remains that he was driving whilst disqualified; that’s the concern and that’s the difficulty.”
Solicitor Sharkey explained to the court how her client could have applied for early restoration of his licence given that he had served most of the ban.
“Under normal circumstances, if he had a driving ban he would have been able to apply . . .” she said.
However, once again the judge came back: “I know, but he didn’t do that.”
Ms Sharkey conceded that McMenamin was guilty of a ‘technical offence’ and she said he wasn’t aware that he could have applied for early restoration of his licence in 2023.
She said: “What I’m asking you to bear in mind, judge, is that Mr McMenamin has served most of this disqualification, his wife has been the driver and he has a business in the town so he really needs to get his licence back.”
Judge Cunningham said she considered the offence to be one of mandatory disqualification however and there would be no option for Mr McMenamin to get his licence back.
“Ms Sharkey, it’s even more serious than that. This court deems driving whilst disqualified to be a very serious matter. It’s not a question that this court can consider, not disqualifying on this charge,” the judge said.
The defence solicitor pleaded further with the judge nonetheless, claiming McMenamin only drove in a “one-off emergency” situation that day.
“Well judge, the penalties under the section allow you to impose a fine, and I’m asking you to bear in mind that this man . . . his wife was very unwell and it was an emergency, he had to take her to the hospital,” Ms Sharkey argued.
“She had suspected food poisoning and she was very, very sick. He never drove; this was an emergency and a one-off occasion and it was only a very, very short time before the driving would have come back.
“I would ask you to bear in mind that it was a one-off situation in which his wife wasn’t well.”
Warrants a disqualification
Judge Cunningham then delivered her ruling, imposing another two-year driving ban and a €300 fine on McMenamin, who stood at the back of the courtroom and did not speak throughout the proceedings against him.
“In the circumstances, he has previous convictions in relation to dangerous driving,” the judge said.
“He was driving while disqualified – albeit there was only a month left – but still that’s the position. There was no application to restore the licence for whatever reason, and the court has to deal with whatever is before the court.
“I will certainly take account of the mitigation put forward in terms of the fine that I’m going to impose but I cannot not disqualify him.
“Certainly my view is that this charge warrants a disqualification and I’m going to have to impose a disqualification.”
McMenamin was disqualified for two years. He was also fined €200 for driving without insurance and an additional €100 for driving without a licence. He has been given five months to pay the €300 total in fines.
The judge fixed recognisance at €300 cash in the event of an appeal.