Donegal judge says man charged with motoring offences must attend for sentencing

A warrant has been issued for the arrest of a man who is facing charges of dangerous overtaking as well as driving without licence or insurance and other related matters.

Michael Dowds, 27, of 1 The Park, Blue Cedars, Ballybofey, failed to attend a recent sitting of Ballyshannon District Court. 

The court heard that the summons had been served, and that Garda Louis Browne had previously called to the defendant’s home to inform him of the offences. Judge Éiteáin Cunningham said she was satisfied that the defendant had been properly notified, and she was satisfied to proceed with the hearing. 

Dowds is charged that on March 20, 2025 on the N15 at Druminin, Donegal Town, he overtook another vehicle when he could not see the roadway ahead in order to establish if it was safe to carry out the manoeuvre. The offence is contrary to Section 35(5) of the Road Traffic Act, 1994 and Section 102 Road Traffic Act, 1961 (as amended by Section 18 of the Road Traffic Act, 2006).

Judge Cunningham said she found the facts proven and was adjourning the matter for sentencing. 

Dowds was found guilty of a number of other offences arising from the same detection. 

For driving without a licence, an offence contrary to Section 38(1) of the Road Traffic Act, 1961 and contrary to Section 38(2)(a)(ii) of the Road Traffic Act 1961 as substituted by Section 12(a) of the Road Traffic Act, 2006c, he was fined €150. A charge of On same at failing to produce a licence was taken into consideration. That offence is contray to Section 40(4)(a) of the Road Traffic Act 1961 (aqs substituted by section 59 of the Road Traffic Act 2010 and as amended by section 2 of the roda traffic (No 2) Act 2011 and Section 102 of the Road Traffic Act 1961, as amended by Section 18 of the Road Traffic Act 2006.

Dowds was fined another €150 for driving without tax, contrary to Section 73(1) and 76 (as amended by Section 63 Finance Act 1993) of the Finance Act 1976. 

He was found to be driving without insurance and with failing to produce insurance. The offences are contrary to Sections 56(1) and (3), and 69(1) respectively of the Road Traffic Act 1961 as amended by Section 18 of the Road Traffic Act, 2006. For driving without insurance, Dowds was fined €200 and disqualified from holding a licence for four years, with the charge of failing to produce insurance taken into consideration. 

The court heard that the defendant had previous convictions for motoring offences of dangerous driving, driving without a licence, and two for driving with no insurance. 

“He has a large number of other convictions,” said the inspector.

Judge Cunningham said: “He is at risk in relation to the previous. He needs to be brought to the court. He was notified to come to court today.”

Inspector Treacy asked that a bench warrant be granted.

The judge agreed to the application, adding: “When the bench warrant is executed, he needs to be brought back to my court for sentencing. I am of the view that this is a serious matter and he needs to be present.”