Louth drink driver who hit car at traffic lights receives 3-year disqualification
Niall Martin McCusker, Bishops Court, Sheetland Road, Termonfeckin, Drogheda, was accused of drink driving, using a CVR vehicle without a certificate of road worthiness and failing to produce a certificate of road worthiness, at the R166 Newtownstalaban, Drogheda, on July 25, 2023.
The district court rejected a defence argument that a blood sample was not taken within three hours of the time of driving as required by law.
A man testified that while he drove a Nissan Qashqai home from Drogheda, accompanied by his mother-in-law, they were behind a row of cars stopped at temporary traffic lights for roadworks.
They were sitting there for about a minute when he heard 'a roar of an engine' behind before an 'unmerciful bang'.
A man, driver of a Volkswagen Caddy, came over to him and asked if they were okay. He said it was his fault and to 'take a picture of what you need'.
He said this man added: 'I'm going. I don't need to be here.'
When the car driver pointed out that he was ringing the guards, the defendant said there was no need as he was holding his hands up.
The man said he phoned Gardaí just atter 9.30pm which was five to 10 minutes after the collision.
From the impact, a towbar on his vehicle was folded in underneath the car.
His nephew arrived and was directing traffic. He rang the guards too.
Gda Graham Doolan said that a 999 call was received at 9.35pm. He arrived at the scene at 10.15pm where ambulance personnel were treating people. There were concerns for the front seat passenger of the car.
Mr McCusker, who has no previous convictions, was travelling alone. He failed a roadside breath test. He was arrested and brought to Drogheda Garda Station. He co-operated.
A doctor arrived at 12.01am to take a blood sample which subsequently showed an over the limit reading of 212mg of alcohol per 100ml of blood.
Defence counsel submitted that the sample was taken at 12.09am and the phone call made at 9.30pm or just after. It was a tight timeframe regarding the three-hour limit.
Court presenter Sgt John O'Hehir said that the witness had been very clear that the call was made around 9.30pm, soon after the collision occurred.
Judge Nicola Andrews said that she was satisfied that the sample was taken within three hours of driving.
The defence did not go into evidence.
It was stated on Mr McCusker's behalf that the loss of his licence would be a significant penalty. He was a carer for his seriously ill father.
Judge Andrews said it was an aggravating factor that he wanted to leave the scene.
Counsel responded that he remained. There was no charge brought in that regard.
A €1,005 fine was imposed along with a three-year driving disqualification, postponed until December 10 next.
The other summonses were taken into consideration.
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