Man involved in hit and run convicted of drink driving

A 21-year-old Ballyconnell man who was involved in a hit and run traffic accident was convicted of driving with excess alcohol at a special sitting of Cavan District Court and directed to complete community service. Padraig (Pauric) Toher, Moher, Ballyconnell, was directed to complete 200 hours of community service in lieu of four months when convicted of the offence (69/100 breath) at Moher on September 12, 2010. Charges of dangerous driving, having no insurance, failing to report an accident, failing to stop, failing to give information and failing to remain at the scene of an accident were taken into account. Michaela Simmons told the court she was driving to work with her sister Ciara at about 7.40am. They were heading towards Ballyconnell from Bawnboy and as they came to a corner they met a green coloured car coming across the road. She braked and turned left in a bid a avoid a collision. The other car caught her on the right side and she ended up in the ditch. When they got out the green car was gone. Garda Bernard Gallagher arrived and went to see where the other car had gone. He came back with the defendant and the defendant was arrested at the side of the road. Francis Doonan said he was behind the Simmons car and saw the brake lights come on. An on coming vehicle collided with her and her car ended up in the ditch. He managed to stop a short distance later. When he got out he noticed the other car had gone but he heard it going up a lane. When Garda Gallagher arrived he informed him where the other car went. They went up to a house on the lane and saw a dark car with damage to its front. He didn't see the car going up the lane but he heard it. Replying to Gabriel Toolan, solicitor defending, witness said he didn't see who was driving the car nor did he see it go up the lane. The car didn't continue along the road as there was a clear view of about 200 yards towards Bawnboy. Garda Gallagher informed the court he spoke to the Simmons girls and Mr Doonan. He and Mr Doonan went up to the house and found a green car with extensive damage to the front. The bonnet was still warm. Garda Gallagher knocked on the door and John Devine answered. He asked him if he was driving the car at the time of the accident and Mr Devine said he was not. Mr Devine stated he was in the house all night by himself. Garda Gallagher asked him if there was anyone else in the house and he said Padraig Toher was in bed. Mr Devine didn't know what time Mr Toher got in at. Mr Devine didn't object to Garda Gallagher coming into the house. He spoke to Mr Toher and cautioned him and asked him why he didn't remain at the scene. He replied that the other people saw him drive up the lane and they knew where he was. Cross-examined by Mr Toolan witness said Mr Devine didn't know if Mr Toher was involved in the accident or not. Garda Gallagher denied that he just walked into the house. He was gestured in by Mr Devine. He didn't have a warrant to enter the house. Mr Devine showed him the bedroom Mr Toher was in. John Devine said he shared the house with Mr Toher. He opened the door and saw Garda Gallagher who asked him a number of questions. Mr Devine denied he invited or gestured Garda Gallagher into the house. He was surprised that Garda Gallagher passed him as he made his way to Mr Toher's bedroom. Judge Patrick Clyne said the garda didn't have the power to go into the house unless he saw the defendant go in. However, he was investigating an incident and he didn't go in for the purpose of an arrest. He was satisfied that consent was given and Mr Toher's constitutional rights were not breached. Judge Clyne said he wanted a Probation Report by September 8 to see if the defendant was suitable for community service. The defendant was entitled to drive until that had been determined.