Driver who moved car is given road ban
A Kilkenny man who was out with his Arklow partner for the evening ‘foolishly moved his car’ after he consumed alcohol.
Gary Condon of 13 The Pines, Rosleigh, Mooncoin, Co Kilkenny, was charged with driving while over the limit at Knockmore, Wexford Road, Arklow, on November 5, 2015.
The court heard that he was going home to his partner’s house and decided to move his car approximately 500 metres in order to get home. It was outlined that he was not in a very drunken state but was found to be over the limit. A fine of €600 and a two-year driving ban were imposed. A MAN accused of careless driving avoided a conviction because there was doubt in the case, a judge has ruled.
Pauric Redmond (42) of 27 Ocean Crescent, Arklow, appeared in Bray District Court last Thursday.
The charge related to an incident involving a collision between a cyclist and Mr Redmond’s lorry on June 17, 2015, at Calary Upper, Kilmacanogue.
The cyclist, Stephen Pike, told the court that he was out cycling with a friend that day, doing a cycle of around 80 km.
They stopped in Laragh for a coffee before heading back towards Greystones.
At approximately 12.30 p.m., Mr Pike said he saw a lorry coming towards them, indicating to turn right into a house.
‘He proceeded to turn, going very slowly across the road and didn’t give me enough time to brake,’ he said.
His friend was behind him and later told the court that he also found it difficult to stop.
Mr Pike said that there was around 200 metres between him and the vehicle before Mr Redmond began to take the turn.
He suffered injuries in the collision, including six broken ribs. Mr Pike said that he was travelling at 61 km per hour at the time of the collision.
Solicitor Padraig Hyland, was was defending Mr Redmond, said that the speed limit on that road at the time was 50km/h, subsequently changed to 30km/h.
Inspector Martina Noonan agreed that was correct.
Judge Alan Mitchell asked Mr Pike if he would have been able to stop if a child or a dog had run out in front of him. ‘I don’t believe so,’ he said. ‘As a road user, you are supposed to be able to stop in the event of an emergency,’ said Judge Mitchell
Mr Pike’s companion on the day was off-duty detective garda William Brosnahan. He described the incident, saying that Mr Pike was 15 to 20 me- tres ahead of him.
‘I saw a white lorry approach as we continued our descent. To my shock, I noticed that it was getting slower and commenced to turn. Stephen engaged his brakes and I engaged my brakes. He moved left and right in the roadway to maximise braking distance.’
While Mr Brosnahan did stop, he said that he found it difficult to do so.
Mr Redmond and another motorist at the scene, as well as Mr Brosnahan, all helped Mr Pike and called the emergency services.
The second motorist told the court that as Mr Redmond turned right, he could see the bend ahead and then saw two cyclists come out of the bend.
Mr Redmond said that he was working on a site that day and had worked in the area for over a year.
He had gone to get diesel for a digger and the collision occurred on his return.
Mr Redmond said that cars were flashing as he drove up the hill. He said that he looked up and saw nothing coming before he indicated and turned.
‘I heard something bang into the back,’ he said.
He said that he got a shock. Mr Redmond got out and picked Mr Pike off the ground. He also picked up the bike.
Mr Hyland said that he accepted that Mr Pike had suffered a nasty injury but he said that his client, Mr Redmond, did execute due care.
‘He did indicate and made an appropriate manoeuvre across the road. The cyclists were exceeding the speed limit. There is an element of doubt and the benefit of the doubt should be afforded to Mr Redmond,’ said Mr Hyland.
Judge Mitchell said that the case against Mr Redmond did not reach the high standard required to prove careless driving.
‘ The evidence creates a doubt,’ he said, dismissing the matter.