The rear passenger of a vehicle involved in a collision between two cars was left with nine broken ribs, Nenagh District Court has heard.
Dennis Bistrovs of 4 Boland Place, Nenagh pleaded not guilty to careless driving in Summerhill, Nenagh on December 13, 2019.
The driver of the second vehicle Aisling Downes, Clash, Toomevara, had also been charged with the same offense but the court dismissed the charges against her.
Garda Joe Blake said he was on duty on December 13, 2019 when he was called to the scene of a two-vehicle collision in Summerhill.
Both drivers passed breath tests and had all documents in order.
Mr Bistrovs had three passengers in his car and Ms Downes was driving his mother Clare and father William, who was in the back seat.
Mr Downes was trapped in the vehicle and had to be cut up and taken to hospital as a precaution.
Garda Blake said Mr Bistrovs was driving up Summerhill while Ms Downes tried to head towards Summerhill from Church Road.
Ms Downes issued a statement in which she said she and her parents attended a concert at St Mary of the Rosary Church that evening, which ended.
She arrived at the junction of Church Road and Summerhill and looked both ways, letting two vehicles pass which were coming from the direction of Borrisokane.
She was crossing the center white line when a car came towards her at high speed straddling the center of the road.
The other driver attempted to avoid a collision but slammed into her rear driver’s side, causing a spin-out.
Witness Niall Deverey told the court he was driving down Summerhill when Mr Bistrovs passed him and his speed caught his attention.
He had not witnessed the accident but had watched the cars turn in his rear view mirror.
Cross-examined by Kenny Kerins, BL, for Ms Downes, he said he was of the view that Mr Bistrovs had been ‘stressed’.
He told barrister Johnny Spencer, for Mr Bistrovs, that in his opinion the speed was excessive and that Mr Bistrovs had “accelerated aggressively”.
Another witness, Diana O’Neill, told the court she was sitting in her parked car in Summerhill when she saw a car approaching at excessive speed.
She told Mr Spencer that Mr Bistrovs was “significantly over the speed limit”.
She wouldn’t allow parked cars to obstruct her vision.
Clare Downes told the court the road was clear and “the next thing I knew we were across the road from the cinema”.
William Downes said that when he was in the back seat, all he could see were lights coming towards him.
“I was trapped and had to be taken out. I had nine broken ribs and spent five days in hospital,” he said.
The court was shown CCTV of the collision after which Mr Kerins said there was no evidence of wrongdoing on behalf of Ms Downes.
Mr Spencer made a similar statement on behalf of his client.
However, Judge Elizabeth MacGrath said two independent witnesses ‘with no ax to grind’ testified and she was convinced Mr Bistrovs had traveled at excessive speed.
She dismissed the charge against Ms Downes and convicted Mr Bistrovs.
Judge MacGrath fined Mr Bistrovs €500 and banned him from driving for two years.
The pledge was secured in its own bond of €250.
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