Cork motorist disqualified from driving after incident with cyclist has ban lifted

Man was allegedly using his phone when driving and drove closely behind cyclist following dispute

The penalties were imposed on the man at the district court for failing to give information required of the owner of the car as to who was driving at the relevant time.

A cyclist challenged a motorist about allegedly using his phone when driving and he then complained to the gardaí that the car revved and drove closely behind him and that the driver threw a small object at him as he passed.

The case came to light at Cork Circuit Appeals Court where the motorist, 24-year-old Romeo Stoica of Forest Ridge Crescent, Wilton, Cork, appealed against the outcome of the district court case where he was disqualified from driving for two years and fined €1,000.

The penalties were imposed on him for failing to give information required of the owner of the car as to who was driving at the relevant time.

After hearing the appeal of the case by defence barrister Nikki O’Sullivan, particularly in relation to the impact that the disqualification was having on the motorist and his family, Judge Sinéad Behan said she would increase the fine to €1,300 but remove the disqualification.

Judge John Kelleher outlined the background to the case where a cyclist called to Togher garda station and made a statement of complaint to Garda Eric Stafford in relation to a dangerous driving incident on April 30, 2020. He was cycling out of Elm Park, Sarsfield Rd, when he observed the driver on his phone while driving out of the estate.

“The cyclist asked the driver to get off the phone and pay attention to the road. He then continued to cycle. The white BMW followed him and the driver was revving the car loudly at him attempting to pin his bike to the kerb, but he never made contact with the bike.

“The driver then threw a small object out of the car at him but it didn't make contact. Later Garda Stafford established the owner of the car as the defendant and tried to make contact with him. An appointment was made for August 11, 2020, at Togher garda station but he failed to show up. 

On August 15, 2020, Garda Stafford made contact with him and he stated that he did not remember the incident and did not want to make a statement. A demand was made under the Road Traffic Act for him to provide details of the person who was driving at the time but he stated that he did not remember.” 

The appellant’s barrister, Ms O’Sullivan, acknowledged that this failure to account for who was driving made him guilty of the offence.