Portlaoise District Court
A woman was convicted of dangerous driving after her car struck a Landrover and flipped it over in Stradbally.
Clodagh Finlay (51) of 52 Ardan Glas, Mountrath Road, Portlaoise, appeared in court accused of dangerous driving at Main Street, Stradbally on August 20, 2023.
Garda James Collins said he responded to a crash involving a 171D registered black Audi and on the N80 in Stradbally at 3.40pm on the date in question.
He said the Audi was perpendicular to the road and had come from a t-junction. An 11D registered Landrover was on its right hand side approximately 30 metres from the junction. He said the defendant had been driving the Audi while Patrick Knowles had been driving the Landrover. He said the road conditions were dry.
“There was a stop sign and its visibility was slightly hindered by trees,” he said.
Garda Collins said the defendant gave a statement after the crash and said she had come out from the junction but she said the stop sign was obscured and there were no markings on the road.
Paul Noctor BL said the stop sign was completely blocked and wasn’t visible from the road. He asked about the markings on the road and Garda Collins admitted they were faded. “They are almost nonexistent,” said Mr Noctor.
He asked about the Landrover and Garda Collins said it was travelling at about 30kms per hour. He said the position it landed in would indicate the collision occurred at speed.
Patrick Knowles took to the stand and explained that he had been driving to Stradbally after being out inspecting barley.
“I just saw a dark coloured car coming towards the junction. I just remember thinking to myself, that car is not going to stop,” he said.
He said the impact flipped the jeep over. “The emergency services were there quite quickly,” he recalled. He said he suffered a minor neck injury and a slight abrasion to his forehead.
Murtagh McDonald who was a passenger in the jeep also recalled the collision occurring rapidly and there was a bang.
Catherine Carey was driving behind the jeep and had commented on how slowly it was travelling. “I just said oh my god, the car isn’t going to stop,” she remembered. She said the “jeep flipped in the air” following the collision when the car came out and didn’t stop.
The defendant was next to take the stand. She said she was returning from a walk in the woods when the collision occurred. She noted the speed limit was 50kph and she said she was doing “40 down to 35kph” at the time of the collision.
“I knew there was a junction but I didn’t know where it was,” she told the sitting of Portlaoise District Court. She said there was no indication to stop approaching the junction. She said hedging by the garda station had obscured the stop sign.
“Before I knew it my airbags had deployed. I didn’t know what had happened,” she said.
She said the hedging had been cut when she returned to the scene the following day and she contacted the council who confirmed they had not cut the hedge.
Garda Sergeant Jason Hughes said “if you were driving in a safe manner you should have been aware that the junction was coming.”
“There was no visible stop sign. The stop sign was clearly obscured,” she said.
Mr Noctor said the stop sign was obscured and the markings on the road could barely be seen.
However, after examining photographs Judge Andrew Cody said “there was clearly a stop sign visible.” He said he was satisfied that it was dangerous driving and he convicted her. Sgt Hughes said the woman had no previous convictions.
Mr Noctor said his client was training to be a childcare assistant and although in between jobs, had worked “helping people with intellectual disabilities”. He said she did voluntary work with Alone, SOSAD and the Muiriosa Foundation. He said she had an income of €250 per week and was also allowed to work for a maximum of 19 hours per week. He said she had no previous convictions and respected the rules of the road.
Judge Cody disqualified her from driving and fined her €1,000 giving her six months to pay. He fixed recognisance in case of appeal and the woman lodged an appeal before the court sitting ended.
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