A learner driver who ran a stop sign on a busy Dublin road, causing him to almost collide with a garda car and a child on a bicycle, has failed to convince a court that his conviction for dangerous driving should be overturned.
Jijo George (43) with an address at Chapel Street, Balbriggan, Co Dublin had pleaded not guilty to dangerous driving under Section 53 of the Road Traffic Act, 1961 in the District Court.
Garda Joanne McGinn told the District Court Appeals Court today that she was on a patrol on Drogheda Street, Balbriggan at 3.15pm on January 29, 2023 when she observed a car failing to stop at a designated stop sign.
She said that the garda driving the patrol car had to quickly take evasive action and the car almost crashed into the left side of the officer’s vehicle.
Garda McGinn said she then observed the driver of the Toyota Aqua put the vehicle into reverse, nearly colliding with a child on a bicycle with her father.
She told the court that she got a strong smell of alcohol from the car and performed a breath test on Mr George, which came back clear.
She also said she observed that Mr George was driving on a learners’ permit without displaying L plates or having an accompanying driver.
Mr George was arrested under Section 4 of the Road Traffic Act 2010 and brought to Balbriggan Garda Station, where he was provided with a Malaysian interpreter.
The doctor at the garda station attempted numerous times to obtain a blood sample, but the court heard Mr George’s veins were too small, making it “impossible to get specimens” for testing.
He was then charged with dangerous driving under Section 53 of the Road Traffic Act, 1961 along with a failure to produce insurance under Section 69 of the same act.
Today Mr George told the court that he did not reverse near the child on the bicycle because there were vehicles behind him and that he safely stopped at the sign.
Defence counsel for Mr George, Asma Saleh BL, said that her client was “totally oblivious” about what he was being arrested for at the scene and that he only became aware he had been arrested when he was provided with an interpreter.
Judge Fiona O’Sullivan said that after considering the evidence, she accepted the evidence of Garda McGinn in its entirety.
She affirmed the order of the District Court, which was a disqualification from driving for two years and a fine of €250 with two months to pay.