A Buncrana pizza delivery driver who performed “handbrake turns” in a snow-covered supermarket car park last year has avoided a driving ban in court.
Baha Al Din Haqqani, of 19 Earlsfort, Buncrana, appeared before Buncrana District Court charged with dangerous driving arising out of an incident at Lidl supermarket in the town.
The original charge carried a mandatory driving disqualification on conviction.
However, following submissions from the defence, Judge Emile Daly agreed to amend the matter to a lesser charge under Section 52 of the Road Traffic Act relating to careless driving.
Sergeant Conor Mulkerns outlined the facts of the case to the court. He said the incident occurred at approximately 8.30pm on the night of January 8, 2025, when road conditions were extremely poor due to snow and icy surfaces.
The court heard that Garda Kieran Kelly was in an unmarked vehicle at Lidl supermarket in Ardaravan when he observed a 2011-registered Volkswagen Passat being driven around the car park.
According to Sgt Mulkerns, the defendant intentionally caused the vehicle to slide sideways around parked cars in the snow.
The court heard the vehicle was carrying out “handbrake turns” before eventually leaving the car park.
Judge Daly asked whether the supermarket car park had been busy at the time. Sgt Mulkerns replied that the severe weather conditions meant it was not heavily occupied, although there were a number of vehicles parked in the vicinity of where the manoeuvres took place.
“It wasn’t packed, but there were cars parked there,” Sgt Mulkerns told the court.
The court also heard that Mr Haqqani has one previous road traffic conviction for driving without insurance dating back to December 2022.
Defence solicitor Ciaran MacLochlainn said his client disputed that he had intended to drive dangerously. He said the defendant’s vehicle initially went into a skid accidentally due to the snowy conditions as he entered the car park.
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Mr MacLochlainn said that after the first skid, Mr Haqqani continued driving around the car park and braked again, causing the vehicle to slide once more.
“He was just driving around to see how he would get on in the snow,” the solicitor said.
Mr MacLochlainn stressed that his client was heavily dependent on his driving licence due to family responsibilities and employment commitments.
The solicitor told the court that Mr Haqqani acts as a full-time carer for his father, who suffers from cancer and is confined to a wheelchair. He regularly drives his father to Galway for cancer treatment and appointments.
In addition to receiving a carer’s allowance, Mr Haqqani also works part-time delivering pizzas, the court heard.
“That’s what he was doing on this particular night,” Mr MacLochlainn explained. “He went down to Lidl and his car went into a spin, and he drove on round to effectively test it out on the snow. It was careless driving.”
“He didn’t realise the extent of the slippiness of the surface, and when he did, he tested himself,” the solicitor added.
The court heard that Mr Haqqani receives €260 per week in carers’ allowance, along with approximately €140 per week from pizza delivery work, depending on the number of shifts he works.
Judge Daly said she accepted there could be some doubt as to whether the defendant intended to drive dangerously and said that, in the circumstances, it was appropriate to reduce the matter to careless driving.
The judge also noted that no vehicles had been damaged and that the car park was not full at the time of the incident.
She further acknowledged the defendant’s need for a driving licence to transport his father to Galway for medical treatment.
Sgt Mulkerns added: “In fairness, I know this man and he’s a hard-working young man.”
Judge Daly convicted Mr Haqqani of careless driving and imposed a €400 fine, allowing him six months to pay. She did not impose a driving disqualification.
Legal Aid was granted to Mr MacLochlainn in the case.