Donegal Town Courthouse
A motorist who pleaded guilty to leaving the scene after colliding with a parked car has had a charge of dangerous driving reduced to the lesser charge of careless driving.
However, the judge said he could not exercise the court’s discretion to not impose a driving ban given that the motorist had left the scene.
Pauric Keenaghan, 52, of Coolcholly, Ballyshannon appeared before Donegal District Court on Wednesday, July 2. He admitted the charges of failing to stop after hitting a blue Open Corsa at Lower Main Street, Mountcharles on September 19, 2023.
He was also charged with dangerous driving in relation to the same incident. Having heard the evidence, Judge Brendan O’Reilly agreed to an application to reduce the charge to one of careless driving. Keenaghan pleaded guilty to the lesser charge.
An application was made to strike out a charge of criminal damage. Inspector Antony Coyle told the court that the damage had been paid for by the insurance company.
However, Judge O’Reilly asked that a victim impact statement be canvassed before that aspect of the case could be finalised.
Inspector Coyle outlined that at 9.10pm on the date in question, a black van collided with an Opel Corsa which was parked on the same side of the road and facing in the same direction.
“There was substantial damage,” he said. “The van continued driving.
“The offending vehicle was found parked at the Mullins, Donegal Town with the keys in the ignition. It was seized.
“The defendant attended garda station at midnight to say his vehicle had been stolen. He was intoxicated.”
The court heard that at a later date, Keenaghan attended Ballyshannon Garda Station.
“He admitted that he was the driver but said he didn’t remember much and didn’t remember hitting the other vehicle,” said Inspector Coyle. “He said he had a bad memory.
“CCTV shows him clearly hitting the vehicle and there is no way the driver would have been unaware.”
Solicitor Frank Murphy said his client had a health condition for which he was on medication which sometimes caused memory loss.
“He made a voluntary admission and was contrite when he came to his senses,” said Mr Murphy.
He added that his client is a helper for a family member who is diagnosed with cancer.
“That is the reason for asking for the reduction in the charge,” said the solicitor.
Judge O’Reilly asked if the car, when it was found, had come to a stop because it was mechanically stopped or because it collided something.
Inspector Coyle replied: “It was found at a good distance from the scene. It was parked up.”
The judge said: “He was competent enough to park the van when it was found so I don’t see why he didn't stop the van where he collided with the car.”
Keenaghan then took the stand. He told the court that his twin brother had passed away from a massive heart attack. This led to the defendant getting stints not long before the collision took place.
When it was pointed out to him that he should have stopped at the scene, the defendant replied: "I just panicked. I can’t remember what happened. I didn't know what to do.”
In response to a question from Judge O’Reilly about when he passed his driving test, Keenaghan said he had done quite some time ago, in the 1990s.
The judge said: “I suggest that you are driving long enough to know that if you are involved in an accident, you stop at the scene of the impact.
“You did meet it properly after that. You pleaded guilty. The injured party I am told is paid.
“But it was a serious omission on your part not to stop.”
For the charge of dangerous driving, Judge O’Reilly imposed a conviction, fining the defendant €300 and imposing a six-month disqualification from holding a driving licence.
“I wouldn’t be prepared to exercise the court’s discretion to leave him with his licence,” said the judge. He should have stopped.”
For the charge of failing to stop following the collision, Keenaghan was fined a further €500.
Legal aid was granted.
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