Careless driving conviction for American tourist in Barnesmore Gap crash

An American man whose overtaking manoeuvre led to a collision has had a charge of dangerous driving reduced to one of careless driving.

David Spinks, 47, of 403 Silverbrook Drive, Woodstock, Georgia, USA pleaded guilty to the offence which took place at Ardnawark, Barnesmore, on October 2, 2024. He appeared before Ballyshannon District Court on Friday, October 4. 

Inspector Angela Cummins told the court that gardaí attended the scene at around 7.10pm the evening in question. 

“It was a dark evening with poor lighting,” she said.

The defendant was driving a red Ford Focus travelling from the Ballybofey direction.

“He began to make a manoeuvre to overtake a lorry and van on a broken white line,” said the inspector.

“Another car came in the opposite direction. It took avoidance action, turning into the left. However, the vehicle ahead also took avoidance action which resulted in both vehicles colliding.”

There were no notable injuries, with occupants treated by paramedics at the scene.

“The defendant is an American national on holidays,” added Inspector Cummins. “All documents are in order.”

Spinks was originally charged with dangerous driving. Having heard the evidence and the fact that damage to the injured party’s car was covered by insurance, Judge Murphy agreed to solicitor Rory O’Brien’s application to reduce the charge to careless driving. This was on the condition of garda agreement.

Inspector Cummins said: “The state is amenable to the lesser charge.”

Mr O’Brien said his client was a professional from Georgia who had never been in trouble before. 

“He is here with his wife on a lifetime dream to visit family, his wife’s family. They made contact with distant family over the internet and were travelling around the country to visit them.

“The vehicle they were driving is gone and there is not a replacement vehicle available to them. They had a strict itinerary but that is gone. They are now having to redraw their entire trip and rely on public transport. He had to come here today by bus.”

Mr O’Brien said the defendant wanted to thank the gardaí for their professionalism.

Addressing Spinks directly, the judge said: “You were extremely lucky with the lawyer you met and the state prosecutor you met as they dealt with it as fairly as it could have been dealt with.

“It was a very poor driving decision that you made.”

The judge imposed a conviction and fine of €500 to be paid immediately.