Templemore man tells court he says his ‘prayers every night’ after walking away from crash

A Templemore man has been disqualified from driving after a guard who was on his way to a scene observed him driving at high speed through a rural area. 

James Hickson (23) of Aughall, Templemore, was charged with dangerous driving at Graiguefrehane, Loughmore, on November 6, 2022. 

Garda William Lynch of the Roads Policing Unit told Thurles District Court that on the night of the incident, he was on patrol on Liberty Square when he was made aware of an incident in Roscrea. 

As he made his way to the scene toward Templemore at speed, he came across the defendant driving at “excessive speed”.

This was not the incident the garda was on his way to attend, but out of concern and as the white Audi turned for Loughmore, Garda Lynch followed. 

He described the weather conditions as poor, with a lot of surface water and said that while he himself was driving well above the speed limit, he never caught up with the white Audi. 

Dashcam footage from the patrol car played in court showed both vehicles travelling down the backroad with the car in front well ahead. 

As the car passed through the village of Loughmore, Garda Lynch said he activated the lights to indicate for the car to stop, but the driver failed to do so.

Garda Lynch said it was a quiet Saturday night, but it would have been the norm for people to be out on the street. 

“I was concerned there would be a fatality that night. The risk was high, in my opinion,” said Garda Lynch. 

The court heard that Garda Lynch continued to follow the vehicle but deemed it inappropriate to do so with lights and sirens. 

He estimated the car was travelling in excess of 110km an hour in a 50km zone, as this was the speed the guard was travelling at. 

Garda Lynch said he lost sight of the car for a time, but as he came around a 90-degree bend, he saw a farm gate knocked down in what appeared to be a collision.

In the field was the white Audi. 

CRASH

Garda Lynch got out of the car to attend to the driver, but he and the passenger were unharmed. 

The guard then asked the driver for his licence, which he said he didn’t have with him, and Garda Lynch administered a roadside breath test, which the driver failed. 

Garda Lynch arrested the defendant and took him to Thurles Garda Station, where an Evidenser machine showed the defendant’s breath alcohol to be 35 microgrammes for every 100ml of breath. 

He made a demand for the driver to produce his licence to Templemore Garda Station within ten days and issued a Fixed Penalty Notice. 

SUMMATION

Acting for the defendant, solicitor JJ Fitzgerald queried why the summons was issued for the place of the crash if it was dangerous driving and asked at what speed the driver was travelling at. 

The guard responded saying he did not know the exact speed but knew what speed he was going and that the car in front was faster. 

Garda Lynch said had the driver been travelling within the speed limit, he could have taken the bend, and the crash would not have happened. 

For that reason, the driver was driving dangerously. 

Garda Lynch said he issued one summons for the place where the car stopped, the collision site, but could have by the solicitor’s reasoning issued many summonses.

The solicitor put it to the guard that since he didn’t see the crash and did not know the exact speed, he was “surmising” what had happened. 

TRYING TO GET HOME 

Mr Hickson told the court that he did not know the car pursuing him was a garda car and had feared for his safety. 

The defendant told the court that he had a dispute with a neighbour the previous day and had thought that individual might have been following him. 

Mr Hickson told the court he crashed two minutes from his home and was speeding because he “just wanted to get home.”

“I didn’t know what was behind me.

“He didn’t identify himself until the village, and I thought that if I were in trouble, he would have identified himself on the road,” said Mr Hickson.

He said he paid the farmer for the gate the next day, and the site is an area of frequent accidents.

He simply lost control of the car that night and denied trying to evade the gardaí.

The defendant told the court he had three pints since 7pm and thought he would be okay to drive.

“I wouldn’t have the neck to run away from the guards. I know they would catch me,” said Mr Hickson.

Lucky

On cross-examination, Inspector James White put it to the defendant that pictures shown to the Judge showed a fence post damaged in the incident that could have killed or seriously injured him or his passenger.

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“Would you accept you are lucky to have walked away,” asked Insp White.

The defendant replied:

“I say my prayers every night.” Insp White put it to the defendant that he was the “creator of his own misfortune” and his driving that night was “nothing less than highly dangerous”.

“You lost it because of your speed. Do you accept that?” asked Insp White.

“No, you can never know a road,” replied the defendant.

JUDGEMENT

Judge Mary Cashin noted the “clear and thorough evidence of Garda Lynch” but noted Mr Hickson was equally clear. 

Judge Cashin said that the guard did not see the crash, which suggests his evidence in that regard was “unsound for a criminal conviction”.

However, the court, “looking at the totality of the evidence,” the court did not doubt that on the night the defendant was driving dangerously. 

“The court has no doubt, and that is confirmed by the horrendous picture of the beam that could have killed him. It is the court’s view that this is dangerous driving,” said Judge Cashin. 

Mr Fitzgerald asked the court to find him guilty of careless driving instead. 

He said his client works full-time and supports his mother financially. 

The loss of his licence would, therefore, have serious consequences for his family.

Judge Cashin declined, saying, “he nearly killed himself and his passenger.” and she described him as a “very foolish young man”.

The Judge imposed a two-year driving disqualification and a €450 fine with three months to pay. 

“I would say to you, Mr Hickson, I hope this is a lesson to you,” said Judge Cashin.