Passengers asked drunk driver to slow down moments before car spun in air and landed in stream

Car became airborne, spinning over a couple of times before it landed upside down in a stream outside the Rising Sun pub in Ballinhassig, Cork.

Selvin Foley, aged 21, of Fernville, Lower Cove, Kinsale, County Cork, was jailed for 18 months at Cork Circuit Criminal Court

An intoxicated motorist with two passengers swerved over and back across a country road at almost twice the speed limit — laughing and ignoring calls to slow down — until the car collided with a ditch and spun through the air before landing in a stream some six metres below the road.

Garda Declan Lynch gave evidence at Cork Circuit Criminal Court where Selvin Foley, aged 21, of Fernville, Lower Cove, Kinsale, County Cork, was jailed for 18 months.

Paula McCarthy defence barrister said that, fortunately, all of the occupants were able to get out of the car after the collision. The defendant walked all the way to Kinsale community hospital for treatment for his own injuries.

He indicated at a very early stage his intention to plead guilty, the defence barrister stated.

Det Garda Lynch said in terms of previous offending and sentencing, that often on the night before he was to appear in court for a sentence he would commit another offence.

“He had a very troubled and difficult background. He has the capacity to work and contribute to society. He is working in prison and getting on well there. His father believes he will have the capacity to work on his release from prison,” Ms McCarthy said.

Judge Helen Boyle imposed an 18-month jail term on the accused on the charge of endangerment on February 4, 2024.

Evidence

Det Garda Lynch said the accused man drove a Volkswagen Passat at 140kph in an area where there was an 80k speed limit.

The circumstances were that he was socialising that night with a young man and a young woman — both of whom were slightly younger than himself.

They decided to go into Cork at around 2.30am to go to a McDonald’s and get some food. The accused decided to drive by way of backroads and, in the course of the journey, he veered over and back across the centre white line, laughing as he drove at speeds of 140kph. 

His passengers asked him to slow down but he kept going until he made an attempt to brake at a bend where the car became airborne, spinning over a couple of times before it landed upside down in a stream outside the Rising Sun pub in Ballinhassig.

The crash was not reported until 8.30am by which time everyone had walked away from the car. It turned out that when he spoke to paramedics he told them the car crashed but that he was the only one in the car in at the time. However, later in Kinsale community hospital he said there were two others in the car at the time.

Judge Boyle said: “In terms of the gravity of the offence you drove having consumed alcohol at 140kph in an 80 zone, crashed through a ditch, somersaulted and landed in a stream. You and your two passengers were very lucky you were able to walk out of the car. It could have caused death or injury to you or your passengers.

“Mitigating factors include your signed plea of guilty, you have saved the State the time and expense, and saved the witnesses the time and trauma of coming to court. You are a very young man — 21 now.

“You suffer from depression and mild developmental disorder, and have a limited capacity to understand and communicate which you mask. Unfortunately, in your young life you have suffered multiple losses.

“You have a history of self-harm. You are hardworking and eager to learn and mannerly to staff and other prisoners.” 

The judge imposed a sentence of two and a half years and suspended the last year.