A Convoy man whose vision was extremely obscured due to tinted windows when he caused serious injuries to a woman in a crash has been fined €5,000.
Self-employed digger contractor Michael Slevin was allowed to keep his licence when he appeared at Letterkenny Circuit Court.
Last year, Slevin, of Corradooey, Convoy, pleaded guilty to a charge of careless driving causing serious bodily harm to Rose O’Neill on October 26, 2022 at Chestnut Road, Ballybofey after he collided with the victim’s VW Polo while driving a pickup.
Garda Keon told Ms Fiona Crawford BL, barrister for the State, that the victim – who was 64 at the time of the incident – outlined that she pulled out from Aldi having done her weekly shopping with her son. All she remembered was seeing “bright lights and a bang” and could hear “crunching”. Ms O’Neill came off her seat, even though she was wearing a seatbelt and she struggled to breathe in the moments after the collision.
Ms O’Neill spent 10 days in hospital, including nine in the high dependency ward. Having suffered several fractures, including of her sternum, ribs and vertebrae, she was subsequently placed in a full upper-body brace.
Gardai also took a statement from Ms O’Neill’s son, who outlined that he was in shock “as things came out of nowhere”.
Investigating gardai outlined that Slevin was over the white line by “a foot or two” as he rounded the corner.
The bumper and wing of Slevin’s pickup were damaged while officers noted that the windows of the vehicle were tinted.
Garda Keon told the court that some of the windows were “extremely tinted and obscured”. A test showed that one of the windows had only 27.3% visibility – well below the legal requirement of 65%.
A PSV inspector from An Garda Síochána said the defect was “very obvious”.
Slevin told gardaí that he never had an issue with visibility, but remarked that a pillar on the vehicle was “going to catch me out some day”. In an interview with gardai, he added that he didn’t think the tinted windows “make much of a difference”.
In a victim impact statement, which was read to the court, Ms O’Neill outlined that she saw bright lights, heard a loud bang and felt an impact on her chest. She had no further memory until waking up in hospital.
She had to wear a body brace from the incident until March, 2023 and spent the majority of time in bed in “severe pain”. She subsequently spent some time in a spine brace and found it mentally very tough and depressing “watching the seasons chance”.
She returned to work some time later, but had to go back to lighter duties. She now finds that she tires easily and is not able for the same physical work.
Ms O’Neill added: “I know it was not his intention to cause this situation and I would like to think that he has learned a life lesson.”
The court heard that Slevin was very cooperative at all times and was “very shook up” at the scene.
Mr Peter Nolan BL, barrister for the 29-year-old Slevin, said the impact was “low impact, low speed” and told the court that his client has since removed the tint from the windows of the vehicle.
Mr Nolan said it was a lack of concentration by Slevin, who has since attended and completed a ProSocial Driving Course. He said Slevin was relieved that no-one was killed and the incident has caused him great shame.
“He accepts the gravity of the charge,” Mr Nolan said. He said his client has never been unemployed and he has no previous convictions.
A number of references on behalf of Slevin were opened in court by Mr Nolan, who added that he has learned a lesson.
Put in the witness box by his barrister, Slevin said he wished to apologise and to say sorry for the pain, stress and discomfort the victim has experienced.
He said he is still driving the same vehicle, but has removed the tints. He told Judge Aylmer that his work was entirely dependent on his licence.
Judge Aylmer, in sentencing Slevin, said culpability was measured as being on the lower end of the scale, but the consequences and the impact are the very serious injuries caused to Ms O’Neill.
He noted the “very charitable” terms of the victim impact statement given by Ms O’Neill and said Slevin has shown good victim insight.
Judge Aylmer said he had to balance the “appalling consequences against the relatively low culpability”.
He said Slevin was chatting to his mate as they rounded the bend and took his eyes off the road momentarily.
Judge Aylmer remarked that Slevin’s visibility was “very restricted” and added: “Unfortunately people, particularly young men, are not conscious enough of how restrictive tinted windows are and the dangers they give rise to”.
This was, he said, another element of culpability, but said there were no further aggravating factors such as speed, intoxication or a defective vehicle.
Before considering mitigation, Judge Aylmer said the starting point for sentencing was one year in prison.
However, he said Slevin had behaved “entirely appropriately” and was immediately remorseful. He added that Slevin entered an early guilty plea and has been working hard since he was 16.
Slevin has engaged with the Probation Service, who see no further role for them in terms of rehabilitation.
Judge Aylmer said: “It is clear to them that you have learned a salutary lesson”.
He said all of this takes the case below the custody threshold. Instead, Judge Aylmer said the matter was better dealt with by way of a fine measured to mark the gravity of the offence.
Slevin was fined €5,000 and given 12 months to pay.
Tags: