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24/09/2021

Dundalk man fined for cycling without reasonable consideration

Dundalk man fined for cycling without reasonable consideration

A cyclist who was hit by a car after he rode out from a footpath in front of it as it crossed at a junction, was last week fined at

Dundalk District Court of riding a pedal cycle without reasonable consideration.

Francis O'Hanlon (54) with an address at Ashbrook, Tom Bellew Avenue was convicted two weeks ago following a contested hearing, and Judge Eirinn McKiernan had adjourned the matter to consider whether the court could accept a donation to the court poor box.

The woman who was involved in the collision had told the court she had driven down Mary Street South on November sixth 2019, and had crossed its junction at Dublin Street, when a cyclist came from the footpath on the right hand side and hit the front of her car, saying he "Went straight across the road - to me he didn't look".

The woman confirmed to the Defence barrister that she had got two penalty points and an €80 fine, as the gardai deemed her to be partly at fault.

The investigating Garda who had viewed footage from the women's dash cam said the car had been edging out from Mary St. South before crossing Dublin Street and a cyclist - coming from the footpath, hit her vehicle on the road having "made no attempt to stop".

Mr. O'Hanlon told the court it was easier to be on the footpath and claimed that it's safer as it was more dangerous to cycle on the road, on the correct side of the street.

In convicting him, Judge McKiernan said it was a very unfortunate set of circumstances but the defendant should not have presumed the other vehicle would stop.

The case was put back to clarify if 54 year old , who had no previous convictions, could make a donation to the poor box, which his barrister said was possible as the offence does not carry penalty points.

But last Wednesday Judge McKiernan said taking the circumstances as a whole, she would deal with it by way of a €105 fine.

At the request of the Defence, the judge fixed recognizance in the event of an appeal being lodged.

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