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REVEALED: DONEGAL MEN CONVICTED OF DRINK-DRIVING HERE ARE STILL DRIVING

February 4, 2015
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breathalyersFIVE Donegal men banned from driving in the North have launched a legal case challenging driving bans being imposed in the Republic.

The Road Safety Authority withdrew applications for the imposition of three other bans for other offences as the bans in Northern Ireland had since expired.

In the cases of the five men, they were all caught drink-driving in Derry and Tyrone in 2013 and 2014.

They had all pleaded guilty to the offences and had not attempted to appeal those convictions.

Details of the grounds for the legal challenge were not given to Letterkenny District Court.

However the Road Safety Authority, which implements northern bans south of the Border, is contesting the case.

Solicitor Jacqueline Maloney, acting for the RSA, has provided Judge Paul Kelly with a written submission on the case.

Judge Kelly told Ciaran McLaughlin, a solicitor for some of the men, and Ms Maloney, that he had just received the RSA legal arguments.

He said it was a hefty submission.

“I have just received this today so I will need some time to consider it,” said the judge.

He adjourned the case until March 19 for hearing.

It is the first case of its kind before the courts.

In the Republic driving bans in Northern Ireland are enforced through an RSA application to the local district court.

Motorists from the North who are banned from driving in the Republic have their bans imposed by simple administration after receiving a notice of the conviction from the RSA.

One of the cases struck out yesterday involved Shaun Smith, Coylin Court, Ramelton. He had been challenging an Irish Republic ban after pleading guilty to drink driving in Derry in January last year.

Ms Maloney asked for the case to be struck out because that one year ban had now expired.

A second man had his case struck out as he had appealed a driving ban imposed in Tyrone for using a mobile phone and had the ban overturned.

No reason was given for the withdrawal of another case involving a man from Inishowen who had been banned in 2012 for six years after being arrested for drink driving in Derry city centre. He pleaded guilty to the offences.

All those trying to prevent a ban in the Republic can continue to drive whilst the case is ongoing.

The five men attempting to prevent the ban being extended to the South are: Martin Holmes, of Sandy Row, Castlefinn, banned from driving for two years at a court in Omagh in March last year; Vincent Devenney, Pound Street, Ramelton, banned from driving for a year by a Derry magistrate in May last year; Gary Doherty, Gortaran, Clonmany who was banned for a year after being caught drink-driving in Derry last April; Stephen Kenneth McKay, 19 Sessiagh Park, Castlefinn, banned from driving for 16 months by a Strabane magistrate in January last year; John McGirr, Drummurphy, Castlefinn, banned for a year last February for drink-driving on February 27 last at Clady, County Tyrone.

Northern drivers banned in the Republic cannot make a legal challenge to the ban being extended here. The ban applies automatically because of the way the UK signed up to the EU directive on cross-Border disqualifications.

REVEALED: DONEGAL MEN CONVICTED OF DRINK-DRIVING HERE ARE STILL DRIVING was last modified: February 4th, 2015 by John

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