BY DAVID FORSYTHE
A MAN who stopped his car in the middle of the Dunmanway to Drimoleague Road has been convicted of dangerous driving.
Sergeant Trish O’Sullivan told Bantry District Court that Artem Tymchenko, 40, of Drinagh, Co Cork was charged with dangerous driving, failing to produce a specimen and obstructing a peace officer.
Sgt O’Sullivan said that a concerned member of the public contacted gardaí in Bantry on the evening of July 8 2024 to report a blue Honda Civic with Ukrainian number plates stopped in the middle of the road between Dunmanway and Drimoleague with its hazard lights on.
The car later overtook the same person at very high speed on a solid white line and overtook two other cars in front of them on the approach to a bend. The member of the public said that when they had reached the bend themselves the car was no longer visible.
Garda Kieran O’Callaghan located a car matching the description given in the carpark of Centra in Drimoleague at 7.43pm. The court was told that as the garda approached the car, the occupant in the driver’s seat identified as Artem Tymchenko tried to lock the door. Gda O’Callaghan managed to open the door and saw that the keys for the car were on the seat between Mr Tymchenko’s legs.
Gda O’Callaghan said there was a strong smell of alcohol in the car and he formed the view that Mr Tymchenko, a Ukrainian native, was highly intoxicated. Gda O’Callaghan attempted to arrest Mr Tymchenko who became abusive and told the garda that he was not driving and was just parked in the car. Mr Tymchenko refused to leave the vehicle and Gda O’Callaghan was forced to call for assistance and it eventually took three gardaí to remove him from the car.
Mr Tymchenko was taken to Bantry Garda station where he refused to cooperate in giving a breath specimen and gardaí were unable to take a sample from him.
Defence solicitor Collette McCarthy said that on the day in question Mr Tymchenko had just received bad news from his native Ukraine. She said that his wife and son had travelled back to Kiev where his son was due to have an ear operation. She said that just prior to stopping the car in the road Mr Tymchenko had been told there was a bombing of the children’s hospital and he feared for the safety of his family and had no way of contacting them.
She said that he admitted to driving the car and said that when he reached the Centra shop in Drimoleague his friend who was with him had brought alcohol to help calm him down. She said that Mr Tymchenko was in the carpark for 45 minutes before Gda O’Callaghan had arrived and his distressed state may have made him appear intoxicated.
Ms McCarthy said that Mr Tymchenko had lived in Ireland for two and half years and had always worked as a carpenter since his arrival. She said that it was an ‘unprecedented set of circumstances’ and Mr Tymchenko was very distraught and upset. She said that he had written himself to apologise to Gda O’Callaghan. The court heard he had one previous conviction for driving without insurance.
Judge Marie Keane said it was ‘an extremely dangerous situation’ and the circumstances did not excuse the way Mr Tymchenko behaved. She said he was ‘a disgrace, belligerent and argumentative,’ she added that once at the garda station he continued to be uncooperative and did not explain his situation even when an interpreter was available.
For failure to produce a specimen he was convicted and fined €250 with four months to pay and disqualified from driving for four years. For dangerous driving he was convicted and fined €100 with four months to pay and disqualified from driving for two years. The charge of obstructing a peace office was taken into consideration.
