Man fined for dangerous driving that left 95-year-old woman with spinal fracture

By David O’Sullivan

An 86-year-old man who hit a 95-year-old woman with his car in Dublin city centre, leaving her with a spinal fracture and requiring 31 stitches, has been disqualified from driving for a year.

Phillip Smith of The Drive, Sadlier Hall, Dunboye, Co Meath, was sentenced at Dublin Circuit Criminal Court yesterday (WEDNESDAY) after he pleaded guilty to dangerous driving causing serious harm on Gardiner Street on August 4, 2021.

The court heard the elderly woman had crossed the street without looking left.

Garda Karen Hutcherson told Oisín Clarke BL, prosecuting, that she was on duty at the time and had been called to attend a road traffic collision at the scene.

She arrived to find an elderly woman receiving first aid from two bystanders. The woman had a deep cut to her face and was extremely distressed and unable to stand up.

The woman was unable to answer any questions gardaí asked her. An ambulance was called and she was conveyed to a nearby hospital.

She had a number of injuries including multiple facial lacerations requiring 31 stitches and a spinal fracture. She has since made a full physical recovery. The court heard the woman was 95 years’ old at the time of the incident.

CCTV footage harvested nearby showed that the woman had crossed the street without looking left and that Smith had struck her with his car as she crossed the road.

Gardaí performed a road side breath test on Smith, which he passed. All of his documentation was in order and there was nothing suspect about his vehicle. He was also distressed and in a state of shock.

Smith told gardaí he didn’t see anything – but heard a bang and stopped immediately.

The court heard Smith would have had 1.5 seconds to react, and reacted in 0.8 seconds. The speed limit of the road was 50 km/h and Smith was driving at 34 km/h

There was a pedestrian crossing 55m further up the road from the incident.

A victim impact statement presented to the court and written by a family member of the woman, said she made “an excellent physical recovery” and hoped that the parties involved can “move on with peace” knowing that she was “safe, well cared for and overall happy in her day-to-day life.”

Keith Spencer BL, defending, said his client “simply didn’t see her”  and described the incident as “a momentary inattention”.

He said his client had “an impeccable driving record – not so much as a parking ticket” prior to this accident.

Mr Spencer said his client offers a “full apology” to the injured party and her family and accepted full responsibility.

He said his client hasn’t driven since the date of the incident.

Smith has no previous convictions.

In sentencing, Judge Pauline Codd described the incident as a “sad case” and said: “It’s quite moving to think an elderly lady was left with those injuries on the road.”

She said the injured party was an elderly lady who was living an independent life at the point of the accident.

Judge Codd said the aggravating factors were the seriousness of the injures to the woman, although she noted that she made a full recovery.

Mitigating factors included Smith’s early guilty plea, his “unblemished record” and his lack of previous convictions. Judge Codd also noted that “this incident will mar his twilight life.”

The judge said she did not think it was appropriate to impose a custodial sentence, and fined Smith €1500 and disqualified him from driving for one year.