A motorcyclist who was before Naas District Court for dangerous driving after he took a corner at speed and ploughed into the side of an oncoming car was fined €1,500 and disqualified from driving for two years on Thursday, December 6.
Gerard Sayers with an address listed as Ballyshannon, Kilcullen came to the attention of gardai on August 7, 2016 at Kildangan.
He pleaded gulity to dangerous driving. He was also before the court for drink driving which he contested.
The court heard from John O'Kelly who was driving his son home on the night in question at 9.10pm when he met the defendant who was travelling at speed on a bad bend. The court heard that he veered his car left to avoid a head on collision and he was hit from the side by the defendant who lost control.
“He seemed a bit out of it and he said that he had had a few drinks and asked if we could leave the gardai out of this,” said Mr O'Kelly under oath.
“My car is a company car so I had to report it to the gardai.” He said that a white Opel arrived to take the defendant away, but he was informed he had to stay put until the gardai arrived. Gardai arrived on the scene at 10 pm. The defendant was taken to Naas General Hospital where he was given a blood alcohol test at 12.14 am by a doctor which showed 172 mg of alcohol for 100 mls of blood.
The defendant's solicitor Brendan Weldon argued in court that the test was taken outside the legal requirement of three hours. It was also revealed that the date on the test was put down as August 8, 2014 instead of 2016 which was put down to human error.
On that basis Judge Desmond Zaidan agreed to withdraw the charge of drink driving.
“You crossed over onto the wrong side of the road causing significant damage to the other vehicle and to the motorcycle,” he said. “You were driving too fast when you came around the bend and you lost control ploughing into the innocent parties who, thankfully were not injured. You are very fortunate that due to a doctor's error you got off the drink driving charge and that how you didn't end up in a wheelchair is beyond me — you were four times over the limit and driving at speed.”
The defendant, who works in the building trade and supports a partner and child, apologised in court to the injured party. He was given six months to pay the fine.