'Author of his own decision-making': Judge bans Glencolmcille driver after crash

A Donegal judge has said a young Glencolmcille motorist showed poor decision-making after driving on the wrong side of the road and leaving the scene of a collision that could have had far more serious consequences.

At Glenties District Court, Judge Emile Daly denied an application to have a charge against Martin Byrne reduced from dangerous driving to careless driving.

Byrne was put off the road for two years with Judge Daly saying that Byrne was “the author of his own decision making” after fleeing the scene of a crash.

A 23-year-old of Meenaveen, Carrick, Byrne was charged with dangerous driving, contrary to section 53 (1) of the Road Traffic Act, 1961 as substituted by section 4 of the Road Traffic (No.2) Act, 2011.

He also faced a charge of driving without insurance, contrary to section 56 (1) and (3) of the Road Traffic Act, 1961 as amended by section 18 of the Road Traffic Act, 2006.

Garda Noel Gavighan told the court that he arrived at the scene of a collision at Carrick Lower, Carrick at 9.37pm on June 1, 2024.

Garda Gavighan said he spoke to the driver of a Kia Optima, which had damage to the extent where the driver’s side rear wheel was completely taken off. Garda Gavighan observed another vehicle 60-70 metres down the road with the front driver’s wheel completely bent back. The driver of that vehicle was not at the scene.

The driver of the Kia Optima informed Gardai that he was driving towards the Sliabh Liag cliffs when the vehicle being driven by Byrne approached him on the wrong side of the road. He took evasive action onto a ditch, but was struck at force by the other vehicle. The man told Garda Gavighan that his car was hit “at speed”.

“Judging by the impact of the two vehicles, that would suggest the same,” Garda Gavighan said. 

Witnesses who knew Byrne told Gardai that they observed him getting into a keep and leaving the scene.

Byrne later produced a driving licence, but said that he did not have insurance.

“He refused to make a caution memo,” Garda Gavighan said. “He was not really cooperative with the investigation.”

Fr Francis Gillespie, solicitor for Byrne, suggested that a combination of a bend on the road and the setting sun as his client travelled towards Carrick village had an impact.

Garda Gavighan noted that it was around an hour after the call before he got to the scene and when he arrived “lighting was good and driving conditions were dry”.

Mr Gillespie said Byrne was requested by a friend to take the car to Carrick as it was low on petrol.

“He foolishly agreed and that gave rise to the charge before the court,” Mr Gillespie said. 

He added that his client has no previous convictions of any kind and said the incident occurred down to a combination of inexperience and not being familiar with the vehicle.

In relation to leaving the scene, Mr Gillespie said of Byrne: “He knew he had no insurance and panicked”.

Mr Gillespie asked the court to consider accepting a plea to a lesser charge of careless driving.

He said Byrne works in a fish processing factory in Killybegs, which involves a round trip of 45km. He also works as a heavy machine operator in Northern Ireland and assists his father on the family farm.

“He lives in rural Glencolmcille and there are no formal transport links,” Mr Gillespie said. “He is throwing himself at the mercy of the court. He is asking for a reduction. If he had no employment, he would have to leave the country.”

The court heard that Byrne has completed the Pro Social Driving Programme.

Judge Daly said the defence that Donegal is a remote region and people need cars to work is raised regularly. 

“That is something I am very cognisant of and I am the very last person who wants to limit the ability of a young person to work,” Judge Daly said. “But people who get behind the wheel of a car are authors of their own driving and of their own decision making. 

“The decision was taken to drive in this way on a single-lane road, where he drove for reasons that are inexplicable. He was on the wrong side of the road and the other driver did as much as they could to get off the road, but yet, because the accused was driving on the wrong side of the road, they still managed to collide. That showed the extent to which he was on the wrong side of the road and it wasn’t a matter of just crossing the white line.

“It could have involved a more serious injury and that it didn’t was down to the quick-thinking of the other driver.”

Judge Daly said in light of the facts that were opened she was satisfied the incident constituted dangerous driving. 

Judge Daly said she was “reluctant” to do this for a young person, but said there could have been a much more serious outcome. She added that Byrne’s decision making was poor and the fact that he panicked and left the scene was also poor decision making.

Judge Daly said was not acceding to the application to reduce the charge and proceeded to sentence Byrne on a charge of dangerous driving.

Byrne was convicted and fined €400 for dangerous driving and was disqualified for the statutory minimum period of two years.

For driving without insurance, Byrne was fined €300 and allowed four months to pay.

Recognisance, in the event of an appeal, was fixed at €150, nil cash.