Man charged over abuse of traffic warden had illegally parked due to low blood sugar, court told

Defendent, who has type-1 diabetes, told the court he had parked at the side of the road and put his hazard lights on as he could feel the effects of low blood sugar coming on

Defendant admitted he was parked illegally and he had told the traffic warden to 'go and get a real job', but denied using foul language. He said he was parked illegally but could not drive off with low blood sugar, which was 'also illegal'.

A Cork man who was charged with verbally abusing a traffic warden who asked him to move on from an illegal parking place had stopped to deal with a low blood sugar event because he had diabetes, a court was told.

Fermoy District Court heard it was alleged that Josh Daly, aged 28, of Roberts Street, Mitchelstown, Co Cork, engaged in threatening and abusive behaviour towards traffic warden John Barry, who had asked him to move his car, which had stopped on a double yellow line on McCurtain Street in Fermoy.

It was alleged Mr Daly told the traffic warden: “Don’t touch my fucking property,” told him to “go and get a real job” and shouted abuse at him as he drove away.

Mr Daly, who has type-1 diabetes, told the court he had parked at the side of the road and put his hazard lights on as he could feel the effects of low blood sugar coming on, and it would not have been safe for him to continue driving. He said his young son and partner were with him in the car.

Mr Daly told the court he took five glucose tablets to counter the low blood sugar episode, and his partner went into a nearby shop to get him a drink. He said he had to wait for his blood sugar level to rise, and as he did so the traffic warden approached the car and asked him to move on from the double yellow lines where he was stopped.

Mr Daly said he explained he could not drive until his blood sugars had recovered in 10 or 15 minutes and alleged the traffic warden returned a short time later and became aggressive and tried to open his car door, which he said frightened his son. 

Under cross-examination, Mr Daly admitted he was parked illegally and he had told the traffic warden to “go and get a real job”, but denied using foul language. He said he was parked illegally but could not drive off with low blood sugar, which was “also illegal”.

Defence solicitor Killian McCarthy said while Mr Daly admitted telling Mr Barry to get a real job, the language could be described as disrespectful rather than insulting. 

Judge Colm Roberts said he found the evidence of the traffic warden more credible and added Mr Daly had effectively admitted guilt by accepting he had told Mr Barry to get a real job.

The court was told Mr Daly had 31 previous convictions, including one for threatening and abusive behaviour. 

Judge Roberts said Mr Daly “may be trying his best, but this day was not one of his good days”. He placed him on a probation bond on his own bond of €250 for 18 months on condition that he is civil, polite and respectful to John Barry at all times. Recognisance for appeal was fixed at €500, with €250 cash.

This article is funded by the Courts Reporting Scheme