Dundalk man fined for careless driving

A 33 year old man prosecuted for dangerous driving after his car drove into the back of a stationary vehicle at a set of traffic lights, was convicted of the lesser charge of careless driving and avoided losing his driving licence following a contested hearing at Dundalk District Court last week.

Cathal O'Brien with an address at Dunmahon, Dundalk was summoned for driving without insurance and drink driving arising out of the incident on the N52 at the Xerox junction on March 14th 2020.

The complainant in the case gave evidence of leaving the cinema with his wife shortly before 11pm.

He said he's wary about getting penalty points and was being extra cautious due to the additional garda activity at the introduction of the first Covid restrictions.

He said he noticed a car behind him wasn't slowing down, which collided with the back of his car. He added the road conditions were dry and there was no frost.

The witness said 'the guards were everywhere' that night.

He told how when he got out of his car the other vehicle was "moving back a bit" and he 'never got much of a reply' from the other driver who he said had told his wife to stop shouting "that it was rude'.

The man added that he knew something was not right 'it was all 2019' when he looked at the tax and insurance on the windscreen.

The witness said the defendant's reaction was noticeably different to a motorist who ran into the back of him on the M50 saying that "they jumped out and asked me was I ok" but in this case he said the driver seemed in a daze and was rubbing his face.

The court heard that €3,500 worth of damage was caused to the rear of the complainant's car and the defendant was subsequently arrested on suspicion of drunk driving and was taken to Dundalk Garda Station where his urine sample was taken.

The summons for driving without insurance was struck out after the Defence barrister argued that no evidence had been heard in relation to that aspect of the prosecution.

He added that he would have expected significant damage to have happened to the other vehicle if the impact had happened at speed.

He successfully argued that in relation to the drunk driving prosecution there was no evidence of the time of driving and in respect of the drunk driving summons no evidence had been given of the garda explaining in ordinary language what his client was being arrested for.

However, Judge McKiernan said his client had a case to answer in respect of the dangerous driving charge.

The barrister submitted his client's driving on the night was more akin to careless driving on the night.

After hearing Mr. O'Brien had no previous convictions, and is a lorry driver who lives with his partner and young child 'in a fairly rural area' and had recently got engaged, Judge McKiernan pointed out

"You didn't put your client in the box to explain what did happen" and said she accepted the other driver's evidence.

However she said given his circumstances she would reduce it to careless driving and imposed a €250 with no disqualification.