A motorist has avoiding a driving ban after a judge reduced his charge to a less serious one following an incident in Co Kerry in which a cyclist was "clipped" by the wing mirror on the man's car, causing him to suffer injuries.
Judge David Waters at Kenmare District Court said he had to consider if the driver who came before the court, aged 72 years, warranted being charged with dangerous driving or the less serious charge of driving without due care and attention, which is effectively careless driving.
He believed the less serious charge was more appropriate, and which the accused man pleaded guilty to arising from the incident in June last year in Co Kerry.
James Egan (72) Dromore Cottage, Greenane, Templenoe, Co Kerry was overtaking the cyclist on June 8th, 2024, on the Kenmare to Templenoe road when, the court was told, he clipped the cyclist.
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The cyclist, who was making his way home from work at the time, suffered a soft tissue injury as a result of the incident.
Solicitor Padraig O’Connell, for Mr Egan, told the court his client was pleading guilty to the lesser charge. He suggested other evidence, in relation to the cyclist, may have been raised if his client had contested the charge.
Mr O'Connell added Mr Egan has suffered a "momentary lapse", giving rise to his clipping the cyclist, but told the court his client had no previous convictions and had cooperated with gardaí.
Mr Egan was convicted of careless driving by Judge Egan, with a €350 fine imposed, and with no driving ban included in the sanction imposed by the court.
