Kildare driver contests charges after accident on M9 motorway
Carlow courthouse Photo: Michael O'Rourke
A MOTORIST last week contested a series of driving-related charges after an accident occurred in the early hours of the morning on the M9 motorway.
Michael John Allen, Dublin Road, Castledermot contested a series of charges arising from a car accident that occurred on the M9 at Ballyburn Lower, Castledermot on 6 July 2024. The charges include driving or attempting to drive while under the influence of alcohol, failing to give a blood or urine sample, driving without insurance, car tax or a driving licence and failing to produce the relevant documents at a garda station.
A doctor who was driving on the M9 that night and came across the accident gave evidence in court. He told Judge Geraldine Carthy that it was about 1.30am when he was driving southbound on the motorway and that cars coming in the opposite direction were flashing their lights at him as a warning. He said that a car was across the road blocking one of the lanes and that he saw a man walking back to the car and trying to start it. The witness said that it wasn’t a good idea for the man, Mr Allen, to try to drive, because he appeared disorientated and that his head was cut.
He said that it was a dangerous situation so he tried to assist by waving a torch to warn oncoming traffic about the accident. Gardaí, the fire service and an ambulance were called and Mr Allen was treated initially by the fire service.
Under cross-examination by solicitor Chris Hogan, the witness agreed that he hadn’t seen the accident happen, nor had he seen Mr Allen driving the car, but said that he did see him trying to start the car.
Garda Dale Phelan gave evidence of attending the scene at Ballyburn and meeting Mr Allen (47). He said that the defendant was very upset and distressed. He added that he could smell alcohol from him, that he was in “floods of tears” and “visibly upset”.
Garda Phelan said that he called St Luke’s Hospital in Kilkenny to tell them that they would need a doctor to take a blood or urine sample from Mr Allen and explained to Mr Allen what would happen. Garda Phelan also said that he asked the defendant for his insurance and driving licence but that they hadn’t been produced. The court heard that extensive damage was done to the front of the car.
Under cross-examination by Mr Hogan, Garda Phelan said that he cautioned the defendant as soon as he needed to and that he wrote what he and the witness said afterwards in his notebook. He agreed with Mr Hogan that Mr Allen did not sign the notebook.
Mr Hogan made several submissions to Judge Geraldine Carthy to get the charges dismissed, including that there was no evidence from the doctor who tried to take the blood or urine sample, that there was no evidence of the timeline of when Mr Allen was allegedly driving and that the no insurance charge didn’t apply because there was no evidence of his client actually driving.
Inspector David Shore contradicted this by stating that there was evidence given about the timeline and that there was evidence given about the defendant driving, which was mentioned during Garda Phelan’s evidence.
Judge Carthy adjourned the matter until this week's sitting so that she could consider the evidence.
