Woman sees careless driving charge dismissed as judge criticises motorcyclist's 'filtering' claim

Courts Reporting Scheme
Broken Glass

A driver who collided with a motorcyclist who claimed he was “filtering” through rush hour traffic has had a charge of careless driving against her dismissed, after a judge criticised the rider for his “highly dangerous” conduct.

Judge Anne Watkin noted that the motorcyclist had come from “a couple of cars back” and had chosen not to wait in traffic, despite all vehicles being stopped.

She told him to stop referring to the manoeuvre as “filtering”.

“You can call it what you like – weaving, filtering – but what you were actually doing was overtaking cars and vehicles in their own lane”, Judge Watkin said, adding that he had “no business” overtaking cars in that manner.

She said this was “absolutely breaking the law” and described the conduct as highly dangerous, noting that motorcyclists were frequently involved in serious accidents.

The comments were made by Judge Watkin at Dún Laoghaire District Court during a hearing arising from a road traffic collision on Blackthorn Road, Sandyford, Dublin 18, on 17 July, 2024.

Ms Arta Kroni (33), with an address at Kylemore Avenue, Ballyfermot, had pleaded not (NOT) guilty to a charge of driving without due care and attention, contrary to Section 52(1) of the Road Traffic Act 1961.

The court heard the collision occurred shortly after 5.30pm during heavily congested, standstill traffic at a junction controlled by traffic lights and a yellow box.

The motorcyclist involved told the court that he had been travelling through traffic when Ms Kroni’s car clipped his motorcycle, causing him to be flung from the bike.

Garda Chloe Chadwick told the court that an ambulance was at the scene when she arrived. She said that the motorcyclist had a cut near his left eyebrow and swelling to his left temple as a result of the collision, but he declined hospital treatment.

The motorcyclist told the court that he had been “filtering in and out” of stationary traffic at the time of the collision and claimed that Ms Kroni was “not supposed to turn across a solid white line”, saying that in doing so she clipped his motorcycle.

Judge Anne Watkin said that while Ms Kroni had an obligation to watch out, she could not reasonably have been expected to see the motorcyclist or anticipate his actions.

She dismissed the charge of driving without due care and attention against Ms Kroni.

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