Drunk driver gets community service after killing man and severely injuring two Garda

20-01-2018 04:40AM

Hector Bellend wrote: »

Is anyone genuinely surprised by this?

To my mind, it's one of either two things that's wrong.

It's either

a) the law is an absolute and utter piece of sh1t. If this is the case we should adapt or completely re-write current legislation to provide serious deterrents for this kind of crime or

b) the judges who apply the law are either mad, stupid or dont know whats going on.

How else do you explain a sentence like this?

Maybe they like a few pints themselves and of an era that doesnt agree with no driving under the influence?
I heard on the radio recently about rural areas and pubs, and I can understand that some people, maybe many people wont abuse the situation, but whether there was a zero alcohol limit or not, people like this guy would still go around plastered and drive. I think the end result is, really it just means a designated driver, taxis, buses or lifts needsto be the option and publicans in the main should be supporting this (and essentially their own business) with free non alcoholic drinks for designated drivers, something I heard of a longtime ago in the U.S. I know pubs arent the only place drink can be got, but in the main its the place thats been mentioned a lot recently.

dense wrote: »

Two things struck me, one, as long as I'm reading it correctly, the Garda car was stopped/parked on the wrong side of the road on a sweeping bend.

Two, it had blue flashing lights on.

Did the Guards have to be positioned on the wrong side of a sweeping bend, was the reason for doing so explained?

Anytime I've seen blue flashing lights at night, they are intensely bright, almost blinding, so much so that they can cause one to be unable to determine exactly where it is and where you are in relation to it.

If that sounds like I'm excusing the drunk driver I'm not, those blue lights are so bright they usually reflect off anything in the vicinity (trees, hedges, signs) without seeing them directly.

It seems like they had no option, I agree that the newer lights used on Garda cars can be intensely bright, Ive experienced it myself on a dark stretch of road, the intensity of the lights against the darkness made it difficult to make out anything else or anyone until I got much closer, so much so that I slowed to a crawl as I thought I may have been approaching an accident but which was a checkpoint but that I couldnt see anyone until I was very close, that said, I did slow down.
To my dissatisfaction, the Garda who also asked for my licence seemed a bit tetchy as he queried why I was advancing so slowly, he seemed utterly cluless that I couldnt see him for the bright lights and I explained I thought there was a road accident.

One eyed Jack wrote: »

I can understand the Judges ruling in this case as I don't think a custodial sentence would have served the interests of justice. I think the facts of the case as they are, and the consequences will be something which Adrian Nestor will have to live with for the rest of his life. Personally, I see that as punishment enough, as opposed to seeking retribution, which I don't think could ever be said to be acting in the interests of seeing justice done.

I wondered to myself, would it only be a retribution, or serve any purpose, but the severity of the outcome, I think he should have at least done 6 months or a even year, plus some form of rehabilitation and a driving ban of 5 years. For anyone that thinks thats not harsh enough, well the guy already got off lightly enough, it might be difficult to impose a further ban.

Personally reading that another chap got 10 years for falling asleep is like a lifetime penalty against finding work, and I can see a 5 year ban imposed is a long time if someone learns from it.

dense wrote: »

They should of course, and I thought he should have seen them, especially if it was on an unlit road. Blue stands out for miles. Being pissèd isn't an excuse.

Would you agree that modern blue lights are of such intensity that they can be blinding, particularly at night time until the eyes have a chance to become accustomed to them? IMO they sometimes tend to obliterate what's in front of them depending on the angle you approach.

I agree with this about the blue lights, they need to do something about them, to brightly intense on many current garda vehicles, and I have near perfect vision, as previously mentioned, all that said, this guy wasnt going to stop for anything I think.

BattleCorp · 20-01-2018 12:45PM

1874 wrote: »

I agree with this about the blue lights, they need to do something about them, to brightly intense on many current garda vehicles, and I have near perfect vision, as previously mentioned, all that said, this guy wasnt going to stop for anything I think.

There's no problem with the blue lights. They are bright for a reason, to be very highly visible. Sober people tend to slow down when they see them, which is the correct thing to do.

This is deflecting from the issue though.

The real issue is yer man was over 5 times the legal drink drive limit - not the flashing lights.

But you are right about him not stopping for anything. He was too drunk to stop.

mattser · 20-01-2018 12:53PM

Snickers Man wrote: »

Bellend by name......

You're arguing two different points here as if they're the same. They aren't.

Don't be such a smartass. The poster is making only one point, and a very relevant one at that.

rickis tache · 20-01-2018 01:00PM

judge must live on planet lala. same sentence dished out to former Galway footballer for stealing money from employer. 240 hours for killing someone is a joke.
https://galwaybayfm.ie/former-galway-footballer-sentenced-theft-employer/

Guy:Incognito · 20-01-2018 01:11PM

[Deleted User] wrote: »

I certainly would not say it was their fault.

The evidence was they were on the wrong side of the road, on the hard shoulder. I'm fully aware they were there because it was their job and they were dealing with an emergency. They didn't have the luxury of circling around for a safe place to park as some fellow was crawling around in the dark in dark clothes.

In the hard shoulder with their blue lights on is a safe place to park.

What difference does the direction the car is facing make? Would he not have hit them if their car was the other way round?

tayto lover · 20-01-2018 01:11PM

So a drunk driver who killed a man and ruined another's future felt so bad about it that he took to ................. drink ??? Riggghhhttt.

tinofapples · 20-01-2018 03:12PM

He didn't necessarily"take" to drink, the same fella was actually quite fond of it prior to the incident. And before anyone asks , yes I know the lad. I agree wholeheartedly, he got off lightly.

Hans Bricks · 20-01-2018 04:07PM

Completely bemusing to me how a rational, functioning adult can consider actually getting behind a wheel tanked to the gills with drink.(more than likely during dark hours).
I remember last month, the day after my xmas work party , about 1 pm, at least 10 - 11 hours since my last drink, I got in the car (sober) but with a bad hangover and a severely empty stomach. I was halfway into the 5 minute drive to get some breakfast at the local cafe and I just suddenly realized how off kilter my awareness and reaction time were. Once I arrived and got fed, I felt immediately back to normal, so I put it down to the empty stomach + the hangover, but I swore I would never drive If I felt like that again.

Nevermind effin mind in a state of ossification.

pq0n1ct4ve8zf5 · 20-01-2018 04:28PM

I know the area and I'd say I know the stretch of road they're talking about, it's not a good road, and there are some wicked bends. He must have been going some speed to knock the deceased into a field and do the damage he did, and it'd be absolutely pitch black there at that time of night, to miss a garda car with flashing lights you'd need to be actually out of it.

I grew up in a rural area not far from there, drink driving is and always has been endemic and enforcement is a problem, the lack of gardai is a big thing but that someone can literally run two of them down and not get a prison sentence or a permanent fcuking driving ban is absolutely ludicrous and definitely damaging to society.

And turned to alcohol and oh I'm so depressed my hole.

punisher5112 · 20-01-2018 04:55PM

ThinkProgress wrote: »

With all the talk of automated cars and smart cars etc... you would think it would be easy enough to fit our current vehicles with alcohol and drug testing technology, so that it would be basically impossible to even start up your car if you were that inebriated??

With regards to this case, I think this man should have been given some kind of custodial sentence... even if it was just 6 - 12 months. Being forced to sit in prison, would give him time to reflect on the seriousness of his crime! (if nothing else)

3 year driving ban is a joke as well...

That sentence does nothing, except serve to cheapen all the lives that he tore apart that night.

And then he has the nerve to talk about his own subsequent depression and turning back to alcohol!!?? (in a court case where his alcohol consumption caused death and serious injury!! FFS...) :mad:

It may have been mentioned but in new Zealand they do make drink drivers who are allowed back to drive fit at their own expense a system where they must blow into and pass before the car can be started.

Very good idea and great system imo

Tilikum17 · 20-01-2018 04:58PM

tinofapples wrote: »

He didn't necessarily"take" to drink, the same fella was actually quite fond of it prior to the incident. And before anyone asks , yes I know the lad. I agree wholeheartedly, he got off lightly.

I know him too. Cannot believe he didn’t get prison.

AudreyHepburn · 20-01-2018 05:41PM

What do you actually have to do to get a proper prison sentence in this country?

This man kulled one person and ruined the lives of two others - he deserves years behind bars and should never be allowed behind the wheel of a car again.

Drink driving is to my mind the most selfish and idiotic thing you could do.

mynamejeff · 20-01-2018 06:11PM

the amount of people trying to assign some level of blame for this awful event to the gardai is really disgusting , they are he same people who would blame them for not arresting him prior to this incident or not picking up the poor deceased man faster ,

fact is they were preforming their duties in the only way possible and this guy who was many times the drink drive limit (not jus the few pints he claimed to have had) killed one person and injured two more.

he should be jailed for approximately 5 years , to protect the public from his behavour and punish him for actions and consequences that he alone is responsible for .
There should also be a 20 to life time driving ban attached to any accident where a person is killed or hurt badly

this judge was wrong and hopefully the dpp will appeal the case.

dr.fuzzenstein · 20-01-2018 06:13PM

AudreyHepburn wrote: »

What do you actually have to do to get a proper prison sentence in this country?

This man kulled one person and ruined the lives of two others - he deserves years behind bars and should never be allowed behind the wheel of a car again.

Drink driving is to my mind the most selfish and idiotic thing you could do.

You'd have to not have a TV license or import garlic into the country. Slammer guaranteed.
100+ convictions for drugs or violent crimes is not enough.

Guy:Incognito · 20-01-2018 07:24PM

dr.fuzzenstein wrote: »

You'd have to not have a TV license h.

You'd have to take the piss out of the court by refusing to pay a fine they hand down ( the reason for said fine is irrelevant) you mean.

dr.fuzzenstein wrote: »

or import garlic into the country.

Garlic is perfectly legal, I enjoy a good garlic bread myself. Tax evasion on the other hand? Quite illegal.

Maybe if he'd worked in a bank people would be happy to see him locked up ............

Capt'n Midnight · 21-01-2018 12:39AM

Motor vehicles are lethal.

Hundreds of people are killed by cars every year here.

You need a licence to drive one because they are dangerous.
The vehicle needs a NCT /CVRT / DOE because they are dangerous.

Unless the vehicle is safe (NCT etc) and the driver is legally qualified to operate it, and it's insured, then IMHO it's manslaughter at best , and should be subject to the Firearms and Offensive Weapons Act, 1990

Unless and until the "fear of God" is placed in every gobshíte who might be tempted to drive while not qualified to do so we will continue to have people needlessly sacrificed.

How many people have been maimed or killed by "disqualified" drivers ?
Every one is a failure of our justice system.

tayto lover · 21-01-2018 02:32PM

Capt'n Midnight wrote: »

Motor vehicles are lethal.

Hundreds of people are killed by cars every year here.

You need a licence to drive one because they are dangerous.
The vehicle needs a NCT /CVRT / DOE because they are dangerous.

Unless the vehicle is safe (NCT etc) and the driver is legally qualified to operate it, and it's insured, then IMHO it's manslaughter at best , and should be subject to the Firearms and Offensive Weapons Act, 1990

Unless and until the "fear of God" is placed in every gobshíte who might be tempted to drive while not qualified to do so we will continue to have people needlessly sacrificed.

How many people have been maimed or killed by "disqualified" drivers ?
Every one is a failure of our justice system.

Totally agree.
I think the Govt would prefer the Garda to be collecting revenue at times rather than looking for drunk, disqualified and non-insured motorists. Those offences should be far more important than not having car tax.
I drive around Dundalk on a weekend night and the amount of cars parked on the streets is unbelievable, hardly a spot to park left. Those drivers are not all designated drivers.

rgodard80a · 21-01-2018 03:20PM

Capt'n Midnight wrote: »

Unless the vehicle is safe (NCT etc) and the driver is legally qualified to operate it, and it's insured, then IMHO it's manslaughter at best , and should be subject to the Firearms and Offensive Weapons Act, 1990

Just wondering.... maybe there should be a check with every change of ownership request, that the person named has a valid drivers licence ?

And further checks are required if they don't....

Then you can prosecute people who are named as owners, who loan "their car" out to unregistered drivers.

BattleCorp · 21-01-2018 06:38PM

rgodard80a wrote: »

Just wondering.... maybe there should be a check with every change of ownership request, that the person named has a valid drivers licence ?

And further checks are required if they don't....

Then you can prosecute people who are named as owners, who loan "their car" out to unregistered drivers.

You don't need a licence to own a car. You just need a licence to drive it on a public road.

TerrorFirmer · 24-07-2018 10:30AM

The DPP has now appealed this sentence. Judgement due next week.

punisher5112 · 24-07-2018 10:34AM

TerrorFirmer wrote: »

The DPP has now appealed this sentence. Judgement due next week.

Good.

monkeybutter · 24-07-2018 11:44AM

TerrorFirmer wrote: »

The DPP has now appealed this sentence. Judgement due next week.

And at the end of the day, isn't that what this is really about.

more swill in the trough..

JMNolan · 31-07-2018 05:23PM

Update - https://www.rte.ie/news/2018/0731/982275-dpp-appeal-drunk-driver/

jailed for two years

ED E · 31-07-2018 05:29PM

Better? Yes.

Enough? Not even close.

Kivaro · 31-07-2018 08:30PM

ED E wrote: »

Better? Yes.

Enough? Not even close.

The original judge erred. Then he should be reprimanded for his terrible decision of sentencing the drunk driver to only community service for this egregious crime.

TallGlass · 31-07-2018 08:35PM

Fr_Dougal wrote: »

The Garda who he knocked down and seriously injured didn’t ask for clemency. People don’t just randomly decide to drink-drive at that age, I’d wager that it wasn’t his first time.

A Garda been killed or injured are just collateral damage to the judges in the justice system, they are not seen as human beings. It's apparently fair game to run them over or speed off with them attached to the side of a car.

JMNolan · 31-07-2018 08:38PM

Kivaro wrote: »

The original judge erred. Then he should be reprimanded for his terrible decision of sentencing the drunk driver to only community service for this egregious crime.

Lol. Judges are above reprimand

Kivaro · 31-07-2018 08:45PM

JMNolan wrote: »

Lol. Judges are above reprimand

Well then, the system needs to be changed.
In other countries, they could lose their jobs.

Justice system reform should be an election topic the next time the politicians come calling.

Tilikum17 · 31-07-2018 08:55PM

JMNolan wrote: »

Lol. Judges are above reprimand

Judge Martin Nolan ^

Kristopherus · 31-07-2018 09:04PM

JMNolan wrote: »

Lol. Judges are above reprimand

The original judge took too much heed of what the ex-wife of the deceased had said re sending Nestor to jail.

Drunk driver gets community service after killing man and severely injuring two Garda

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