Woman contacted gardaí after observing van being driven erratically
Carlow Courthouse Photo: Michael O'Rourke
A MYSHALL man has been convicted of two counts of dangerous driving after a motorist told Carlow District Court that she feared a serious accident as she followed a van being driven erratically towards Killeshin on a dark, wet January evening this year.
Valerijs Medvedevs (46) of St Oliver’s Crescent, Myshall, who was not present in court, was represented by David Staunton BL, instructed by solicitor John O’Sullivan. He faced seven charges in total but was convicted only on the two counts of dangerous driving, contrary to section 53 of the .
A witness told Insp Jones, prosecuting, that on Tuesday 13 January she was driving home from work towards Carlow, near Newtown Cross and then on towards Killeshin, when she came across a grey van. She said the van was being driven erratically and she thought the driver may have been texting on his phone. She then saw the van veer across the road in front of an articulated lorry and she became concerned for the driver’s safety.
The witness said she stayed back from the van, following it for around ten to 15 minutes and called the gardaí. She said the van was not speeding but went completely onto the wrong side of the road. She was able to take the registration when it slowed and pulled in at the side of the road by the community centre in Killeshin.
Garda Kelly told the court that he received a call from the command-and-control centre at around 5pm about a vehicle being driven dangerously. He arrived at the scene at 6pm and found a 202 Citroën van parked half on the footpath and half on the main road, with the engine running and the driver slumped over the wheel. He said he opened the door, switched off the engine and took the keys. The man provided his date of birth and address.
Garda Kelly said that as he removed the keys from the ignition, the man tried to take them back on several occasions. He directed him into the passenger seat and moved the van to a safe place because it was parked in a dangerous position and traffic was building up. By this stage, Garda Fitzharris of Ballylinan station had arrived to assist.
Garda Kelly said there was a strong smell of drink from the man’s breath and that he appeared to be highly intoxicated. He said that he formed the opinion that the man had consumed an intoxicant and arrested him under section 5 of the at 6.30pm.
The court heard that the man was conveyed to Carlow Garda Station, arriving at 6.55pm, and was observed for a period before the breath test began at 7.09pm. He was then escorted to a doctor’s room shortly after 7.30pm.
Under cross-examination, Mr Staunton put it to Garda Kelly that he had told the man at the roadside that he was incapable of having proper control of the vehicle and had effectively arrested him. Garda Kelly agreed. He said that he was present for part of the breath test at the station but not when the statement was printed out.
At the close of the state’s case, Mr Staunton applied to the court for a direction on the alcohol charges. Judge Geraldine Carthy said the state had made a “categorical error” as the statement produced at the station had to be signed by the garda first. Mr Medvedevs was not convicted on any of the alcohol charges.
Mr Staunton also argued that no evidence had been heard on the alleged no insurance charge and that the court had not heard of a specific description of the driver from the witness. He raised a discrepancy over the registration, saying Garda Kelly had referred to a 201 CW registration, while the state’s witness gave evidence that it was a 202, which Judge Carthy said was also the registration provided to her in documents.
Judge Carthy said she was satisfied with the evidence heard for both section 53 charges for dangerous driving.
Insp Jones told the court that Mr Medvedevs has 22 previous convictions, the most recent from Carlow District Court on 22 July for a section 4 public order offence, for which he received a €350 fine. Seventeen of the convictions were for road traffic offences, including two for driving without a licence, three for driving while intoxicated and four for driving without valid motor insurance. On 10 October 2024, Carlow Circuit Court imposed a four-month prison sentence at Midlands Prison and a six-year disqualification from driving.
Judge Carthy convicted Mr Medvedevs of the two section 53 charges of dangerous driving and issued a bench warrant for his arrest ahead of sentencing, as he was not present in court.
