A driver who killed a cyclist was almost three times over the alcohol legal limit when gardai checked him. He also had a previous drink driving conviction. He walked free from court with a fine and driving ban, but no jail time.
Driver was almost three times legal alcohol limit
A motorist who was three times over the legal alcohol limit when he killed cyclist Stefan Cooper will serve no time in prison.
The judge in the case said Sean Collins, 71, of The Bungalow, Threegneeves, Leap, Co Cork, deserved to go to prison.
But he added Collins cared for his housebound wife and so would not spend any time in jail.
Instead, Judge Sean O Donnabhain at Cork Circuit Criminal Court banned Collins from driving for five years. He was also fined €500.
While a 12-month prison sentence was imposed it was suspended. It means no jail time will be served.
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The court was told Collins’ Land cruiser hit 18-year-old Stefan Cooper when he was cycling. The incident occurred at Barley Hill, Roscarberry, Cork, in March, 2016.
Collins had 140 mgs of alcohol per 100 mls of blood in his system at the time. That was almost three times the legal limit of 50 mgs at the time.
The pensioner also had a previous conviction for drink driving, dating back to 2006.
He was charged with driving without due care and attention causing Stefan’s death. Collins also faced a charge of drink driving.
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He pleaded guilty to both and his lawyer said he was very remorseful.
Christy Cooper – father of Stefan Cooper – gave victim impact evidence. He said he was at the scene but left the remains of his son at the roadside.
He felt he needed to rush home and ensure his family did not first learn of the Stefan’s death on social media.
“I had to make the most difficult decision of my life,” he explained.
The decision was “whether to stay with Stefan and risk my girls finding out about his death from someone else”. Or he could “get home to them before this happened”.
“Eventually I had to leave my son on the side of a wet road in the company of strangers to protect my daughters,” Mr Cooper added.
Stefan’s two sisters also gave victim impact statements in court.
Michaela Cooper said she while Sean Collins’ life would never be the same again, her family’s whole reality had changed.
“My brother does not have a life to live,” she said. “And that is unimaginably painfully.”
Amelia Cooper said she was 15 years old when her brother had been killed.
“It is unforgivable that he is gone,” she told the court. “He is gone because someone couldn’t follow the rules.
“And it is beyond unforgivable that he has ruined our family.”
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