Gardai caught a drunk-driver who ploughed into a woman’s car after following his tyre-tracks in the snow after he fled the scene of a crash.
Josie Kelly, 46, appeared before Letterkenny District Court charged with a number of offences including drink-driving, dangerous driving, driving without insurance and leaving the scene of an accident.
It followed an incident in February, 2022 at Ballymacool, Letterkenny.
Ms Laura Gallagher, a female paramedic who was driving home from a friend’s house, told the court how she contacted Gardai after a grey BMW jeep crashed into the side of her Audi car around 11.25pm.
She got out of her car but the jeep reversed and then struck her vehicle again.
Ms Gallagher attempted to stop the driver of the jeep but he simply ‘grunted’ and ‘mumbled’ before a bystander pulled Ms Gallagher away from the car pointing out how drunk the driver was.
The jeep then sped off up the hill into the housing estate.
Ms Gallagher contacted Gardai who arrived on the scene a short time later and began searching for the jeep after being given a description by the injured party.
Garda Elaine Kavanagh told the court that she met a distressed woman (Ms Gallagher) who had taken a picture of the jeep which struck her car.
Garda Kavanagh said they followed the tracks of a vehicle in the snow and then found a grey BMW jeep at the end of a lane at The Forest, Ballymacool.
The vehicle had been driven into a hedge before being reversed into a wall while the reverse lights were still on.
She approached the vehicle and saw one male in the driver’s seat with his head slouched down and he appeared to be asleep while the engine was still running.
She said she attempted to rouse the driver but could not and eventually got into the jeep through the open back passenger window and was then able to turn off the engine.
Garda Kavanagh again tried to rouse the driver but he was very disorientated, there was a strong smell of alcohol from him and his speech was slurred.
She demanded his license and he produced it showing the name of Josie Kelly of Castledoe, Creeslough, Co Donegal.
She added that Kelly was so unsteady on his feet that he had to be held up by Gardai when he exited the jeep.
He was arrested at approximately midnight on February 18th and taken to Letterkenny Garda Station to be processed.
He was later charged that on February 19th, 2022 at Ballymacool Letterkenny, he did drive a mechanically propelled vehicle registration number LHZ3622 while being under the influence of an intoxicant to such an extent as to be incapable of having proper control of the said vehicle.
This charge was Contrary to section 4(1) & (5) of the Road Traffic Act 2010
He was also charged that on February 19th, 2022 at Ballymacool, Letterkenny, being the driver of a vehicle registered number LHZ3622 which was involved in the occurrence of damage to property other than that of the driver of a vehicle White Audi A4 and not having given the appropriate information to a person entitled to demand such information under Section 106 of the Road Traffic Act 1961 as amended did fail to report the said occurrence.
This was Contrary to Section 106 (1) (d)(i) (as substituted by Section 6 of the Road Traffic Act 1968) and Section 106 (3)(b) of the Road Traffic Act 1961 (as substituted by section 18 of the Road Traffic Act 2006 and amended by Section 8 of the Public Transport Act 2016).
Kelly was also charged with dangerous driving and driving without insurance.
Garda Kavanagh also told the court that while in custody, Kelly became violently ill and began to vomit, could not sit upright and had to be held up.
She said she became concerned for his wellbeing because of how drunk and sick he was and she called an ambulance.
“He continued to vomit, he was incoherent and he had no idea where he was,” added Garda Kavanagh stating they arrived at the hospital at 1.15am.
A blood sample was taken from Kelly but it was not analysed by the Medical Bureau of Road Safety.
Ms Gallagher was later contacted and made a full statement on the matter to Gardai on March 7th.
Solicitor for the accused, Mr Donough Cleary, saids he was curious as to why the sample taken from Mr Kelly was not analysed.
The court was later told by Garda Inspector Sean McDaid that the accused man was so drunk that he was unconscious adding that Gardai didn’t make a requirement of him (to provide a specimen) so he couldn’t refuse and a specimen was subsequently taken. This was the reason why the specimen was not analysed, added Inspector McDaid.
However, Mr Cleary pointed to what he described as a “fatal flaw” in the State’s case against his client.
He said that all the charges against his client relate to the date of February 19th, 2022 but that the evidence given in court related to the 18th of February.
He added that he had not been contacted by Gardai to amend the date before the case.
In reply, Inspector McDaid said that as the incident happened around midnight, Judge Liddy had the power to amend the charge date.
Judge Liddy considered both applications by Mr Cleary.
He said Mr Cleary was right over the discrepancy of the date and that Inspector McDaid had submitted that he (the Judge) has the power to amend it, adding this was a power he would use sparingly san accused person has the right to know what the case is.
However, he added that there is caselaw on offences occurring around midnight which allowed the court to show latitude in the interest of justice.
He said he was allowing the amendment to the charge reiterating the incident all took place around midnight as given in evidence.
Judge Liddy then dealt with the application in relation op the sample taken from Mr Kelly not being analysed by the Medical Bureau.
He said he did not see any prejudice to the accused person saying it (the sample) was not relied upon in evidence given by Garda Kavanagh.
He added that he had listened to the evidence and referenced Gardai following the tyre tracks in the snow which led them to the jeep which was occupied by Mr Josie Kelly.
The court was asked if the accused man had any previous convictions and was told he did have previous convictions for road traffic matters but they went back to 2012 as well as charges of assault and public order.
Mr Cleary said his client was a 46-year-old lorry driver and that the outcome of the case would have a drastic impact on his profession.
He said the circumstances of the case are unusual but that the case was met, adding that they were entitled to make a case over the dates of the charge and asked for his client not to be penalised for that.
“It was a last minute equaliser,” he said referring to the Judge’s power to change the date of the charge.
Replying, Judge Liddy said this was an obvious point to run as to the different dates but said the disqualification was mandatory.
On the charge of being under the influence of an intoxicant to such an extent as to be incapable of having proper control of a vehicle, he disqualified Kelly from driving for four years.
For failing to report an accident, he fined Kelly €250 and gave him three months to pay. All other charges were taken into consideration.