Judge ‘not satisfied to reduce Laois motorist’s charges to careless driving’
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A YOUNG man pleaded not guilty to dangerous driving when Judge Susan Fay said she was not going to reduce the charge to careless driving when he came before her at last week’s sitting of the District Court in Portlaoise.
Eathan James Neville from Peafield Lodge, Piefield, Pike of Rushall was charged with the offence which allegedly took place on 26 January at Ballytarsna, Abbeyleix.
At the outset of the case the accused solicitor Josephine Fitzpatrick said that her client was offering a guilty plea to careless driving.
Prosecuting Garda Hogan said that was not accepting a plea to careless driving.
To determine whether she would reduce the charge to careless driving, Judge Fay asked Garda Hogan to give his evidence.
He said he was on mobile patrol on 26 January at 3.40pm, which he said was a very dark and foggy morning.
He said when he drove around a corner, he saw a car stopped in front of him on the roadway and reverse. He said he assumed the driver had missed his turn off and was reversing to drive onto it.
Garda Hogan alleged: “When he saw the patrol car he took off very fast down the (side) road. The road was very wet and I had to pull back two times. Because of the speed he was doing he was swaying all over the road and hit the bank of the road a few times. He had to jam on his brakes when he came to the wall of a house.” The garda said that when the car stopped, he got from the patrol car and arrested Mr Neville.
He alleged: “I got a strong smell of alcohol from him. From the lights of the patrol car, I could see that his eyes were glassy, his speech was slurred, and I placed him in handcuffs.” Garda Hogan said he issued Mr Neville fixed charged penalty notices for his tax been out on the car and a novice driver driving without N plates displayed, which had been paid.
“It was a lane,” said the defendant’s solicitor Josephine Fitzpatrick, “and he didn’t meet any traffic. It was not a road. It was only about 400 metres in length. A very small lane. It’s a cul-de-sac with grass margins on both sides.
She said: “He had taken a wrong turn and when he was reversing, he saw the gardaí and knew he had taken a drink. It’s a straight stretch of a very narrow lane.” Ms Fitzpatrick said: “He’s 19-years-old and his driving licence is very important to him to get to work, and he plays sport for his parish. He just panicked on the night.” After hearing both sides Judge Fay said she was “not satisfied to reduce the charges to careless driving.” She went on to set 22 January as the date for a full hearing into the case.
