Glengad plasterer who drove his van without insurance escapes a ban in court

A Glengad plasterer, who drove his van without insurance, has avoided a ban in court after telling a judge he was in the process of switching from one policy to another when he was apprehended.

David Doherty, of Bunn, Culkeeny, Malin, pleaded guilty to separate charges of driving without insurance and failure to produce proof of insurance when he appeared before Carndonagh District Court.

The court heard how the 37-year-old’s van was seized after he was stopped at a multi-agency vehicle checkpoint earlier this year.

Judge Monika Leech warned the defendant: “If everybody was driving around without insurance, the world would be a very dangerous place.”

Sergeant Vincent Muldoon was sworn in to testify in the case against Mr Doherty. He said he was on duty in the townland of Greenbank, Quigley’s Point on Monday, January 27, 2025, during a joint operation between An Garda Siochana and the Road Safety Authority.

At 3.30pm that afternoon, Sgt Muldoon stopped a vehicle – a 2016 UK-registered white Ford Transit – and the driver gave his name as David Doherty.

Sgt Muldoon said there was an admission of no insurance at the scene, and the van was seized.

The Garda witness said the vehicle was checked and there were a number of problems uncovered, “but I’m sure those defects have been remedied since.”

He told the court that Mr Doherty, who has no previous convictions, has since retrieved the van.

Defending the case, solicitor Ciaran MacLochlainn said his client wasn’t fully aware that he was not covered on the day.

“He’s a 37-year-old plasterer by occupation, and he has three young children.”

“He was insured, but the insurance company cancelled the policy because it went through an English company and he had an Irish driving licence.”

“He was in the process of switching it when he was stopped. He genuinely believed that that policy might have covered him.”

“He knew it was cancelled, but he wasn’t certain when that cancellation would kick in. He thought he would have been okay for a day or two, but obviously, he wasn’t,” Mr MacLochlainn further told Judge Leech.

Mr MacLochlainn said Mr Doherty took out insurance the following day, and he produced a letter from Allianz dated January 28, which he showed to the judge.

The defence solicitor said his client requires his licence for work and family purposes.

“He needs his licence for work in Letterkenny; he’s travelling around the county working. He leaves his children to school in the morning and he takes them to all their sporting events in the area.”

“He also looks after his parents and takes them to hospital appointments. He cooperated fully with the authorities,” Mr MacLochlainn added.

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Judge Leech said she would “give him the benefit”, given the evidence and mitigation offered, as well as Mr Doherty’s previously clean record.

“I do think this is a man who intended to be insured but was not insured on the day, which is very different to some people, who just baldly have no insurance and put everybody else at risk.”

“In circumstances where he has entered a guilty plea at the very earliest opportunity, I’m going to give him the benefit of the court’s discretion, and I won’t disqualify him on this occasion.”

The judge imposed a fine of €450, with three months to pay, warning Mr Doherty: “If you come back before this court again, it will be a very different story.”

Judge Leech said she had given some consideration in terms of requiring Mr Doherty to go on a driver awareness course, but she decided against that, given the letter proving that he had gotten insurance the following day.

She also struck out a separate charge against Mr Doherty of failure to produce insurance documents.