Woman who caused traffic accident distracted by brother having a seizure, court told

Court told defendant veered to the wrong side of the road after her brother, who has intellectual disabilities, 'came from the back seat' during a fit' and collided with an oncoming car

Judge said defendant should have stopped the car when her brother was having a fit, and convicted her of careless driving. File picture: Dan Linehan

A woman who caused a traffic accident while driving without a valid licence or insurance was distracted by her brother, who was having a seizure in the car at the time, the district court has heard.

Sergeant Trish O’Sullivan told Bantry District Court that a motorist was driving along the R571 road at Ardgroom Outward, Co Cork, at 11.55am on August 24, 2024. 

As the motorist went around a bend, another vehicle was coming towards them on the wrong side of the road and despite their best efforts they could not avoid a collision.

The driver of the other vehicle was Frances Lowes, aged 48, of Eskivaude, Allihies, Co Cork. Lowes admitted causing the accident and was also found to be driving without a valid NCT, insurance, or driving licence. 

The court heard she had five previous convictions arising from another road traffic incident where she failed to remain at the scene of an accident.

Defence solicitor Flor Murphy said Lowes lived in a very remote location at the tip of the Beara Peninsula. He said she was the full-time carer for her brother, who had intellectual disabilities, as well as being the mother of two teenage children. 

The court heard on the day in question, Lowes’ brother was “acting up”, and she decided to borrow her mother’s car and take him for a drive to calm him down.

The court heard Lowes’ brother “came from the back seat” during a fit, distracting her and she “totally accepts” she was on the wrong side of the road. 

The court was told Lowes was now off the road completely and relying on friends for transport. Mr Murphy said Lowes had a “very stressful life” and there were “huge issues in the background”. 

Judge Joanne Carroll accepted Lowes had very difficult circumstances but said she should have stopped the car when her brother began having a fit. 

She agreed to reduce the charge of dangerous driving to the lesser charge of careless driving and convicted and fined Lowes €125, with four months to pay. She was also placed her on a probation bond for 12 months on condition she engages with mental health support services.

For driving without a licence, she was convicted and fined €100, with three months to pay. The charges of no NCT, no insurance and failing to produce insurance were struck out.

This article was funded by the Courts Reporting Scheme