Driver ‘undertook’ a lorry and two cars on hard shoulder near Ballyshannon

The case of a defendant who is before Ballyshannon District Court for a motoring offence has been adjourned to allow him to complete the Pro Social Driving Course.

Charlie McDonagh, 27, of 4 Gamble Park, Spamount, Castlederg, Tyrone was before Ballyshannon District Court on Friday, September 7. He initially faced a charge of dangerous driving for an offence which took place at Cavangarden, Ballyshannon on March 8, 2023.

Barrister Partick O’Sullivan acting for solicitor Tom McSharry offered a plea of careless driving which was accepted by the court after evidence was heard. 

Inspector Tony Bryne told the court that Garda Cahalin had responded to call informing him that a blue Mercedes had carried out an undertaking manoeuvre, using the hard shoulder to get past a lorry and two cars.The Mercedes then merged back into traffic.

Garda Cahalin subsequently apprehended the vehicle seven kilometres from where the incident occurred.

The court heard that McDonagh had no previous convictions in the jurisdiction. 

Mr O’Sullivan appealed to Judge Sandra Murphy not to disqualify his client from holding a licence. 

“He is married with two children, one going to school,” said the barrister.

“His wife doesn’t drive. He is required for driving the child to school and taking his wife for doing the shopping. 

“He does accept that his driving left a lot to be desired and he apologises for it. He was very cooperative. 

“He was compliant with all road traffic regulations except for what he did.”

Mr O’Sullivan said his client had expressed a desire to do a drive safe course with Pro Social Driving, and was keen to do so as soon as possible.

“I would ask you to use your discretion and not disqualify him on this occasion,” said the barrister.

Judge Murphy remanded the defendant on continuing bail to December 6 to allow him to do the Pro Social Driving Course, and for finalisation of the case.