A serving Co Clare Garda who failed a roadside breath-test for alcohol has been convicted of careless driving arising from a late night “very low-impact” collision with a taxi on his way home from the pub.
At Ennis District Court on Thursday, Judge Alec Gabbett imposed a fine of €500 on David Kenneally (41) of The Maples, Oakleigh Wood, Tulla Rd, Ennis after he changed his plea to guilty to the charge of careless driving concerning “the less than 10km per hour” collision with the back of a taxi at 1.55am at Abbey Street, Ennis on February 5th, 2022.
Counsel for Mr Kenneally, David Staunton BL (instructed by solicitor, Daragh Hassett), asked Judge Gabbett to be as lenient as he could be on his client as Mr Kenneally has already endured a number of significant ancillary penalties above what a normal citizen would endure that have impacted his professional and personal life.
Mr Staunton said that his client has been suspended from An Garda Siochána since the offence in February 2022 and “there will be consequences elsewhere professionally for him as well”.
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State Solicitor Aiden Judge described what happened on the night as “an unfortunate incident” and said that Mr Kenneally has no previous convictions.
Mr Kenneally initially pleaded not guilty to three charges of careless driving, drink driving and frustrating a Garda prosecution at Abbey Street, Ennis on February 5th, 2022.
However, Mr Kenneally changed his plea to the careless driving charge at mid-hearing after the State withdrew the more serious charges of drink driving and frustrating a prosecution.
After the court had heard from several State witnesses, Mr Judge told Judge Gabbett that the State was not offering any evidence in respect of driving under the influence of alcohol and not offering any evidence in relation to the frustration of a prosecution.
Mr Judge confirmed the change in the State’s case after earlier asking for a brief adjournment.
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