Galway Advertiser 2009/GA_2009_03_12/GA_1203_E1_018.pdf 

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16 N E W S

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March 12 2009

Careless driver mounts footpath to avoid collision with milk truck, court hears
BY MARTINA NEE A woman who drove in an "agitated manner", overtaking cars and buses as well as mounting a footpath to avoid crashing into a milk truck, was fined 850 at Galway District Court this week after failing to contest the charges of careless driving. Mari Saville of Letterfrack, Co Galway was summoned to appear before Judge Mary Fahy last Monday for careless driving at Bushypark and at Ballyquirke, Moycullen on June 13, 2008. Mark Cunnane, told the court that Saville's car had been "weaving in and out" behind him and when they reached Kelehan's pub she overtook him in an "agitated manner", a manourvre which forced him to brake suddenly. Saville's car then mounted a footpath to avoid rear-ending a milk truck before continuing on towards Moycullen. Mr Cunnane said that the car passed out traffic on a continous white line and also at hard shoulders which were occupied at the time. The traffic then slowed when entering Moycullen village because a bus had stopped to let out a truck. Mr Cunnane said that the defendant's car overtook the bus on its right side. When he caught up Mr Cunnane drove up next to Saville's car, wound down his window and told her he was going to report the incident to gardai. Under crossexamination by Saville's solicitor, Mr Kevin Rooney, Mr Cunnane said that the defendant seemed "desperate to get somewhere". Regarding the mounting of the footpath opposite the pub, Mr Rooney said that the kerb was six inches high and that it would have been an " e x t r o a d i n a r y manouvre". However, Mr Cunnane maintained that the front and back left tyres went up onto it. The court then heard how Mr Kunnane had rolled down his window, threatened to report Saville, and told her that a relative of his had been killed in a road traffic accident 20 years ago. Garda Jim Carr gave evidence that the road dips, rises, and turns near Kelehan's pub and that it "would be dangerous to overtake". However, he confirmed that mounting the footpath would do a lot of damage to a car. Following an adjournment, Mari Saville denied driving in an agitated manner and in a hurry. She said that she was certain she did not mount the footpath and never passed anyone on a continuous white line. Saville said that the bus was letting out an articulated truck onto the main road in the village and that she had indicated `no' to the truck driver but that the lights turned red when she approached them. "So you were going to be held up for two to three minutes... You took great umbrage to someone letting someone else out," said Judge Mary Fahy. Favouring Mr Cunnane's evidence, Judge Fahy fined the defendant 850 with two months to pay and ordered her to pay 192.22 witness expenses.

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