A MAN from Dunmanway was convicted of careless driving, but a charge of drunken driving was dismissed by Judge Philip O’Leary at Bantry District Court.
Ger Corcoran, solicitor, appeared on behalf of the accused John Crowley of Shanacrane Cross, Dunmanway, who was prosecuted following a road traffic collision that occurred at midnight on September 7th 2022 near the Hawthorn Creamery in Drimoleague.
Brian Casey, a witness for the prosecution, said he and his passenger were in his new Toyota Corolla when he rounded the corner and saw two full headlights coming at him, fast, on his side of the road.
‘I couldn’t react because he was on me straight away,’ said the witness. ‘I felt the impact, and the vehicles spun around.’
Brian Casey said his right hand was fractured as a result of the incident. He also sustained bruising to his hip, heavy bruising to his knee, and his chest was sore.
The witness told the court that he could smell burning but he couldn’t get out his side of the car so they both got out the passenger side.
The witness said he approached the accused’s vehicle and found John Crowley slumped over the steering wheel.
He said the vehicle he had purchased in January was a write-off but it did one last act of service – it automatically dialled ambulance assist.
Gda Jason Daly, the investigating officer, said both vehicles were written off in the collision.
In cross-examination by Insp Debra Marsh, the garda said he got a strong smell of alcohol from John Crowley and he noticed that his speech was slurred.
The garda said the accused failed the breath test. And, in a cautioned memo, John Crowley said: ‘I must have blacked out. I hope I didn’t hurt anyone.’
The accused told the garda that he had ‘a can of beer’ and was on strong medication, but Gda Daly said that when he checked the van he saw a number of empty cans of Bulmer’s.
Gda Daly said he informed the accused that they would be seeking further blood or urine samples at Cork University Hospital.
However, the gardaí couldn’t get SouthDoc to come out and take a sample at the hospital within the time specified by legislation.
In mitigation, Mr Corcoran said John Crowley (52) is married with four children and has no previous convictions.
And, as an employee with Cork County Council, the solicitor said he is ‘constantly on call.’
Mr Corcoran pointed out that he was fully insured and the injured parties will be compensated.
‘He has learned a valuable lesson and hasn’t consumed alcohol since,’ he added.
Judge Philip O’Leary noted that this was a very serious accident, with very serious consequences, but he dismissed the drink driving charge due to the timing of the proposed blood or urine test, and he imposed a €500 fine on the accused for careless driving.
‘He is getting off lightly. I hope this will be his last time before the court,’ said the judge.
