Quigley’s Point mechanic escapes ban after driving BMW jeep without insurance

A young Inishowen man, who drove a BMW X5 jeep without insurance last year, thought he was covered when the guards stopped him, a court has been told.

Mechanic Daniel Harkin, of Lint Cottage, Crehennan, Quigley’s Point, pleaded guilty to a charge of no insurance when he appeared before Carndonagh District Court.

However, solicitor Rory O’Brien told Judge Brendan O’Reilly that his 21-year-old client hadn’t deliberately set out to break the law.

“It seems to have been an oversight rather than a willful disobedience of the law,” Mr O’Brien said.

Sergeant Conor Mulkerns outlined the facts of the case, telling the court how Mr Harkin came to Garda attention at Moville Road, Carndonagh on Tuesday, April 23, 2024.

At 1.20pm that afternoon, Garda Thomas Duggan had observed a vehicle – a UK-registered black BMW X5 jeep – travelling on the road in front of him.

Garda Duggan pulled the vehicle over and spoke with the driver, who identified himself as Daniel Harkin.

He outlined the reason for stopping the vehicle, and Mr Harkin informed the guard that he had no insurance and that he only had possession of the vehicle for a few weeks.

Sgt Mulkerns said the vehicle was then seized under Section 41 of the Road Traffic Act and it was removed to the storage yard in Letterkenny.

Subsequently, Garda Duggan made a lawful demand for Mr Harkin to produce a certificate of insurance within ten days to a Garda Station of his choice. He indicated Carndonagh Garda Station, but proof of insurance was not produced.

Sgt Mulkerns told the court how Mr Harkin had one previous conviction, for driving without reasonable consideration, for which he was fined €200.

Judge O’Reilly enquired as to whether the defendant still had the BMW vehicle.

“No, judge, he got rid of it,” replied defence solicitor O’Brien.

Mr O’Brien explained what happened when his client was stopped.

“The facts are largely accepted,” he said. “Except that he only had the vehicle a few hours, and at best 24 hours at that stage.”

“He did have a policy and within that policy it had a clause that entitled him to drive any other vehicle for the purposes of repair of his original policy vehicle.”

“His vehicle was damaged and was being repaired. He thought he could then acquire this other vehicle for a very low amount of money and utilise it during that course of events.”

“He assumed he was covered, but obviously he wasn’t.”

Mr Harkin was then asked a number of direct questions under oath, after being requested to enter the witness box by Judge O’Reilly.

The Quigley’s Point man told the court he believed he was insured at all times. He said he works as a mechanic and depends on his licence for work purposes.

“If you lost your licence, would you lose your job?” Mr O’Brien probed.

“I would, yeah,” Mr Harkin replied.

READ NEXT: Downgraded defective concrete homeowners escalate decisions to the EU Commission

Judge O’Reilly then asked: “How far do you live from your job?”

“About half an hour away,” the defendant answered.

Mr O’Brien further pleaded for leniency on behalf of his client.

“I’d ask the court to give Mr Harkin a chance in the circumstances, and given the facts outlined.”

“It seems to have been an oversight rather than a willful disobedience of the law. He’s a young man who’s working, trying to make a good start for himself in life.”

Judge O’Reilly convicted and fined him €200 for driving without insurance. However, he didn’t impose a driving disqualification for a first offence.

“He needs his licence to keep his job,” the judge ruled.