Louth entrepreneur convicted after collision with off-duty Garda
Ben O'Brien, Hardman's Gardens, Drogheda, contested a summons which was issued after the incident on December 19, 2022.
He admitted using or engaging in threatening, abusive, or insulting behaviour or words, after the collision which occurred around 6pm at traffic lights on Dublin Road, Drogheda.
The defendant, who described himself as a hard-working young entrepreneur running a number of local businesses, apologised for his behaviour. He said he had been under pressure after a supplier let him down.
Jane Cunningham testified that she was driving alone in a Volkswagen Golf in the Dublin direction. She had driven past McDonald's, The Waterfront and was approaching the traffic lights at St Mary's Bridge.
She was in the middle lane travelling straight ahead. On the left a bus and a number of cars were waiting to turn left. At this point the road broke into three lanes.
The light was green. A Citroen Berlingo van pulled out from behind the bus and struck her car on the left hand side. The force of the impact propelled her car across the lane to the right and almost into incoming traffic.
Ms Cunningham continued that she managed to veer back to her own lane and came to a stop on the other side of the lights.
The van pulled in behind. She got out to speak to the driver. A male got out of the van and said: 'What the f**k are you doing? Look what you're after doing.'
She replied that she did nothing wrong but he was not willing to listen.
The defendant wouldn't provide his details but on being told that Gardaí were called, he 'changed his attitude completely'.
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He said that he was in a rush and needed to leave. He gave her his details. The guards arrived and he admitted liability, Ms Cunningham said.
She suffered a fractured wrist and her car was an economical write-off.
She told defence counsel that she didn't feel it appropriate to identify herself as a garda at the time. She was off-duty.
Ms Cunningham denied 'flying it" or 'bombing it' along the road. She was doing approximately 80kmh. There were no cars in front of her but the volume of traffic was heavy. It was coming up to Christmas.
An independent witness said the collision occurred when the Berlingo pulled into the right lane. She saw no indication.
Gda Pearse Murphy who arrived on the scene at 6.16pm said the Golf was extensively damaged along the passenger side. The Berlingo had minor damage to the front driver's side.
Ben O'Brien began his testimony by apologising for his behaviour. He was under pressure after having to 'fly up' to Dublin to get supplies.
At this time he was driving slowly, 15kmh, when a car 'came flying by and hit me'. He thought it was a hit and run and that was the reason he went after the car.
Mr O'Brien said he recognised the other driver from getting his passport. He denied admitting liability. He was 'very full of anger'. It was a new van.
"I was treated like a criminal at the scene.'
The accused added that he was not in a hurry, but under pressure. It was incorrect that he didn't indicate.
A passenger in the Berlingo said that when Ben went to pull out, a car hit them at high speed. It was going too fast.
They were in a hurry. They were after getting supplies and needed to get meat into a fridge.
Judge Nicola Andrews noted the apology. Mr O'Brien was under a great deal of pressure. He had been let down by a supplier.
The court was satisfied that he pulled out and hit the car because he didn't check in the mirror.
Details of seven previous convictions were given, including for dangerous driving reduced to careless driving.
It was stated on the defendant's behalf that he had "made good in life since.'
Judge Andrews adjourned the case to October 20 for completion of a Driver Awareness Course. If that was done a €105 fine would be imposed.
The judge said that she was noting the economic consequences for Mr O'Brien hence the low fine.
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