‘I remember thinking this car was travelling at high speed and was all over the road’

A judge has postponed a decision to reduce a charge of dangerous driving to one of careless driving in the case of a woman who failed to remain at the scene of a Dungloe collision.

The injured party reported a car travelling at speed, all over the road before impact, while the driver said she had no recollection of the speed or collision.

The reason for the adjournment is to allow the defendant to carry out the Pro Social Driving Course. This is a cognitive behavioural programme that has a high success rate in improving road safety awareness and driving behaviour among those referred to the service by the court. 

Marissa Coyle, 37, of Pole Road, Dungloe was before the March sitting of An Clochan Liath / Dungloe District Court. She is charged that on September 8, 2024 at Meenmore, Dungloe, she failed to remain at the scene following a collision. Coyle is also charged with dangerous driving, with a request to reduce the charge to careless driving, a less serious offence that does not carry a mandatory disqualification.

Inspector Seamus McGonigle told the court that gardaí were alerted to a collision which occurred just after midnight on the date in question. 

The defendant had collided with a vehicle driven by a woman travelling in the opposite direction.

Inspector McGonigle said the woman had told gardaí in a statement: “I remember thinking this car was travelling at high speed and was all over the road. It was unavoidable. Next thing I felt was a bang.”

The inspector said Coyle’s car, an Audi A3, had swung across from the other side of the road and hit the injured party’s car at the rear of the driver’s side. The road was a regular National road with ample room for two-way traffic.

The injured party was taken to hospital by ambulance.

“She had problems with her back and was getting physiotherapy and taking painkillers,” said Inspector McGonigle. “I don’t believe there were any lasting injuries.”

The inspector said that Coyle subsequently told gardaí that had panicked and ran.

“She said she was driving on shore road in Dungloe,” he said. “She has no memory of the collision.”

Reading from Coyle’s statement, Inspector McGonigle said: “All of a sudden I remember being in someone’s driveway. There was dust from the airbag of my car going off. I have no memory of hitting the other car.

“I checked on the other lady. 

“A young fellow pulled up and I asked him to take me home.

“I went to the garda station the next day.”

The incurred party said in her statement: “The driver of the other car approached me. She was very distraught. She asked me if I was alright. She said she was sorry more than once. 

“Before she came to my car I heard her on the phone and she sounded very distraught.”

In considering the request to reduce the charge of dangerous driving to careless driving, Judge Emile Daly expressed concern at the gap of consciousness.

“Did she fall asleep?” asked Judge Daly.

Solicitor Robert Ryan suggested that the absence of memory of the actual incident was not unusual in a road traffic collision. 

“My client has never been before the court,” he said. “She recalls coming around a bend. The collision occurred. She collided with this lady; she doesn’t know how. The airbags were inflated. 

“Her position is that prior to the accident she was proceeding as normal.”

The solicitor told the court that Coyle was fully insured, and the insurance company was dealing with the damage to the vehicles. 

Judge Daly again questioned if the defendant had fallen asleep at the wheel.

“Somebody driving at midnight on a September night, next thing they are in a driveway and don’t remember the collision, that is not careless,” she said. 

Mr Ryan replied: “If it was a matter of falling asleep, it would be careless.”

The judge did not accept that, saying: “If you are tired you should pull in. There are fatalities that have occurred as a result of falling asleep at the wheel.”

Judge Daly initially said she would not reduce the charge.

She said: “If somebody crosses the middle line on a narrow road at midnight, unless there is a compelling reasoning, that is not a Section 52 [carless driving]. That is not someone who is dealing with their driving.

“I also have to take into consideration the injured party who said the defendant was driving all over the road.”

Mr Ryan argued: “For it to be dangerous driving, there has to be some sort of attempt or recklessness.”

Judge Daly said: “It is reckless to the point that it is dangerous.”

Inspector McGonigle agreed with the judge, saying: “The evidence of the other driver is very clearcut. If we take it as true, and there is no reason not to, it is a clearcut dangerous driving.”

Mr Ryan said his client had been driving for ten years without so much as a penalty point.

“She simply doesn’t remember,” he said.

Judge Daly responded: “If they lapse to the point that they are speeding, collide with another car and end up in a driveway, that is concerning,” she said. 

“I am satisfied that it is dangerous and I will proceed on the basis of Section 53 (dangerous driving).”

Mr Ryan said the defendant was a carer for her mother and loss of her licence would have a big impact on her life and on her mother’s life. 

The judge said: “This argument is used a lot, and it is used well. There should be more public transport; I accept that. That is why drivers should be more careful. It doesn’t just impact them but on those who depend on them. That is what drivers should think about before they get behind the wheel.”

Regarding the charge of failing to remain at the scene, the solicitor pointed out that it was Coyle who had notified the emergency services, and when she heard that gardaí were looking for her, she had presented herself to the garda station.

“She has already apologised to gardaí and the injured party,” he said. 

Judge Daly said that in relation to the dangerous driving, a disqualification was mandatory, but added: “If she is prepared to do a Pro Social Driving Course, that will affect the fine. I can postpone the disqualification until  she has done that.”

Mr Ryan asked: “Could it be a carrot to do the Pro Social Driving Course to avoid disqualification?”

The judge considered the request and agreed to adjourn the case to September 8 to allow the defendant to undertake the course, ordering that a €250 contribution be made to its cost.

“I will vacate the order to not reduce the charge,” said Judge Daly. “However, I am not saying that I will not do exactly the same thing, but it is important that she does the Pro Social Driving course.”