Two-year ban given for dangerous driving
THREE-YEAR-OLD GIRL INVOLVED IN COLLISION
AN ENNISCORTHY motorist who was involved in a collision with another car on a dangerous bend outside Enniscorthy town in 2010, was put off the road for two years, and fined €1,000, at the District Court this week.
Colin Ruth (32) of Oulartard, Tinnacross, was found guilty of dangerous driving at Drumgoold, Enniscorthy, on May 10, 2010. A charge of drink driving was dismissed.
The defendant, a married father-of-two, who works as a civil engineer, contested both charges.
Helen Doran of Tomsollagh, Ferns, and her daughter Helena, who was driving, both recalled the events on the night, when the defendant's Hyundai Tuscon collided with the Fiat Punto in which they were travelling with Helena's three-year-old daughter.
The crash occurred at 8 p.m. on the Drumgoold Road. Both witnesses said they saw the defendant leaning over as if picking something up, or falling asleep. They said his vehicle veered over to their side of the road and collided with them.
After the collision, he gave assistance, helping free the three-year-old from her seat in the back of the car. At one point, he went back to his own car, shouting 'Dermot, Dermot.' It was explained that he was on a hands free phone call at the time.
Gardaí Brian Philips gave evidence of attending the scene at 8.20 p.m. The defendant failed a roadside breath test, and he was brought to Enniscorthy Garda Station, where blood samples were taken shortly around 10.50 p.m. The samples later gave a reading of 112 mg of alcohol per 100 ml of blood.
Judge David Anderson accepted a submission by solicitor Gerard Flynn that there was too much of a delay in carrying out the blood test. The judge accepted there was no evidence given justifying this delay, and dismissed the charge.
Giving evidence on the dangerous driving charge, the defendant said he was on a hands free call to his brother. He admitted he 'may have been out just a fraction to avoid the briars'. However, he thought the other motorist was sweeping out to avoid gravel on the bend.
He said he was leaning to one side because something came under his foot at the time. He said he'd had two glasses of wine. He didn't believe his vehicle was over as far in the road, as drawings of the scene showed.
Judge Anderson ruled he was on the wrong side of the road, and wasn't paying attention, and fined him €1,000, and disqualified him for two years. Recognisances were fixed in the event of an appeal.
