Uninsured Ballycroy woman who struck German tourists escapes with Probation Act

Uninsured Ballycroy woman whose car struck tourists has charges dismissed


A Ballycroy woman who took her father’s car without permission or insurance and crashed into a motorcycle carrying two German tourists has  had charges against her dismissed under the Probation Act.
Kelly McIntyre (22) of Rivers End House, Creggan, Ballycroy was given the benefit of the doubt after gardaí prosecuting the case said they had no objection to dismissing the charges under the Probation Act. Ms McIntyre pleaded guilty to unauthorised taking of a vehicle, driving without insurance and driving without any driving licence.
Garda Anthony Kilcoyne told Achill District Court that he attended the scene of a crash at Knockmoyleen, Ballycroy on July 17, 2012 at 7.15pm. The pillion passenger suffered a broken hand and bruised ribs, Garda Kilcoyne said. He described the road conditions as ‘wet’ and said it was ‘raining heavy’.
Defending solicitor Rory O’Connor said Ms McIntyre, a nursing student at Trinity College had ‘a rush of blood to the head’ and took the car, with her brother, while her father was away. He said she didn’t even have a provisional licence and was ‘just trying out her driving skills’.
“On the roads around Ballycroy on a teeming wet day?” asked Judge Mary Devins. Judge Devins added that normally she had discretion to not disqualify someone for driving for no insurance but the fact that Ms McIntyre had pleaded guilty to unauthorised taking of a vehicle changed matters. She said that Ms McIntyre had shown ‘admirable responsibility’ in ringing the gardaí straight away and pleading guilty.
Both Rory O’Connor and Superintendent Aiden Foley then praised Ms McIntyre for stopping and Superintendent Foley said if she hadn’t stopped, gardaí would never have found out who was involved.
“She was driving without insurance and permission and injured two German holidaymakers and ye are all talking about her as if she is some sort of Florence Nightingale,” Judge Devins observed.
She said to Superintendent Foley that he was the prosecutor and if he wanted the matter dismissed under the Probation Act, it was up to him. He said he’d have no objection to that and Judge Devins dismissed the charges under the Probation Act.