A young Buncrana man has failed in his bid to have a dangerous driving charge reduced in court after a judge ruled against him.
Adam Doherty, of 17 Knockalla Drive, Buncrana, faced a charge of dangerous driving at Buncrana District Court. The charge comes with a mandatory driving ban of at least two years upon conviction.
Solicitor Ciaran Mac Lochlainn sought to have the charge against the 24-year-old lessened to one of careless driving, which typically doesn’t bring a disqualification.
Sergeant Emmet Brady indicated that the State would be amenable to considering such a reduction. However, after hearing an outline of the facts, including how Mr Doherty had driven at high speeds on the wrong side of the road, Judge Patricia Cronin refused the application.
The court heard that Garda McGinley was on mobile patrol at Tullyarvan, Buncrana during the early hours of Saturday, October 26, 2024.
At 2.30am he met a vehicle driving in the opposite direction, leaving Buncrana travelling towards Drumfries. The vehicle in question was a white Ford Fiesta with a 132-DL registration.
Sgt Brady told the court that the Fiesta was “being driven at high speed, clearly well above the legal limit.” He also said half of the vehicle was on the wrong side of the road, while it was going around corners on the wrong side of the road.
Garda McGinley turned and followed the vehicle, which continued on at high speed through Umricam in a dangerous manner.
The vehicle then turned into a house at Drumfries and Garda McGinley pulled in on the street behind the vehicle. He observed how the bonnet was hot and there was steam emanating from the brakes.
At this stage, Adam Doherty exited the house and informed gardaí that he was the driver. He was arrested and taken to Buncrana Garda Station.
Defence solicitor Ciaran Mac Lochlainn said the incident happened when the road was deserted and his client wasn’t trying to hide anything.
“This happened at half two in the morning on the outskirts of the town on the main Buncrana to Carndonagh road. There was no other traffic on the road and the guards observed him.
“There was no reason for him to drive at that speed on this particular night. He was fully licenced and fully insured. He accepts he was driving too fast.”
Mr Mac Lochlainn added: “My client was arrested on the night and brought in to provide samples of his breath and blood. He was tested for drink driving and drug driving and he was clear on both.
“He came out of the house and admitted that he was driving when the guards pulled into the house. He was cooperative and he has no previous convictions.”
However, Judge Cronin said it was clear there was other traffic on the road, since the Garda car was on the road at the same time.
In refusing the application, Judge Cronin said she considered Mr Doherty’s driving to be dangerous, and not careless.
“The court has to consider the nature of the driving and take into account all the circumstances of the case,” the judge explained. “On the outline of the facts, from what I’ve been told, it’s 2.30am gardaí are on mobile patrol and a vehicle is driving in the opposite direction at high speed, half on the wrong side of the road – and it takes corners on the wrong side of the road.”
“I don’t consider someone driving like that on the wrong side of the road at excessive speed to be careless driving. I consider that to be dangerous driving.”
“There was other traffic there and he shouldn’t have been driving like that. I don’t think it’s appropriate to reduce [the charge] and this court will not reduce it,” Judge Cronin ruled.
The case was adjourned for hearing until June 24.
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