Suspended sentence for drink driver who crashed into wall of nursing home

By Fiona Ferguson

A Dublin woman who crashed into the wall of a nursing home while drink-driving during the final minutes of New Year’s Day has been given a suspended sentence.

Emer Tighe (46) caused over €70,000 of damage to the conservatory and dining room of the nursing home when she hit a rear wall after witnesses saw her driving at high speed.

Dublin Circuit Criminal Court heard that Tighe had been unwell in the days prior to the collision and had been prescribed medication for a chest infection. She has no memory of the events and her behaviour was described as bizarre and uncharacteristic in the hours before the incident.

Her blood alcohol level was 172 milligrammes of alcohol per 100 millilitres of blood, which is in the highest category under the legislation for drink driving offences.

Tighe, of Windsor Court, Stradbrook Road, Blackrock, pleaded guilty to criminal damage, drink driving and dangerous driving at Rochestown Avenue, Dun Laoighaire on January 1, 2023. She has no previous convictions.

Passing sentence on Friday, Judge Elva Duffy noted the court had viewed CCTV of Tighe’s driving prior to the collision and that she had been driving at such speed that she appeared on the footage for only moments as she flew through a number of locations.

She said Tighe was driving at very excessive speed and drove through a red light without making a decision to brake. She said her driving was “completely out of control” and it was “little wonder” the car went out of control to hit a wall. She said she was very lucky it had not been more serious.

The judge noted a medical report before the court in relation to the medication Tighe had taken but said she had taken a very significant amount of alcohol as well as taking antibiotics.

She said the report was limited in the amount it could excuse or take away from Tighe’s voluntary actions on the night. She took into account her personal circumstances and the testimonials which spoke highly of her.

Judge Duffy said she accepted the criminal damage to the nursing home was not an intentional act but said certain elements of her offending were “entirely intentional” such as drinking alcohol while being on antibiotics and getting into a vehicle. She said it was the “upper end” of recklessness.

She said she had risen for some time to consider if the “custody threshold” had been met and if an immediate custodial sentence was required. She noted that Tighe was very lucky there had not been more serious consequences for herself and others. 

Judge Duffy set a headline sentence of three years in relation to the criminal damage. She imposed a sentence of two years, which she suspended in full. She also imposed a €7,000 fine to be paid within six months. She disqualified Tighe from driving for five years.

An investigating garda told David Staunton BL, prosecuting, that witnesses described seeing a BMW on Rochestown Avenue going through a set of red traffic lights without braking and driving at speed before colliding with a rear wall at the nursing home.

Gardai were alerted and those at the scene attempted to help the driver, who was unconscious. The BMW was blocking the road and the wall collapsed inwards causing extensive damage to the conservatory and dining room of the nursing home.

Gardai at the scene established the identity of Tighe, who lived nearby, and observed a smell of alcohol from her. She was brought to St Vincent’s Hospital and consented to a blood sample being taken.

The cost of damage to the nursing home was covered by Tighe’s insurance policy. The nursing home did not wish to make a victim impact statement.

Justin McQuade BL, defending, said Tighe was a “professional lady” educated to third level with qualifications in Radiography and Ultrasound before switching careers to become a costing chartered management accountant. He said she had held responsible positions throughout her career.

He handed in letters from friends and family describing her as a dedicated, dependable and responsible and caring person, who was calm under pressure and trustworthy.

A letter from Tighe herself outlined her remorse and took accountability for her actions.

She outlined she had a chest infection for several days, which she had ignored until it got worse and she was diagnosed with bronchial pneumonia. She was prescribed medication for this.

Mr McQuade said she accepts she consumed alcohol in addition to the prescription medication.

He said her behaviour prior to the incident had been “abnormal and bizarre”, and out of character. She had no memory of the incident and did not know the purpose of her journey.

He told the court this was not to make excuses, but was context and was a lady trying to rationalise her behaviour.

Mr McQuade said she wishes to apologise and said this had been “life changing” for her. She has not driven since that day.

Counsel said there was evidence to suggest this was a “once off aberration”. He submitted that her behaviour was reckless rather than intentional. He said she had taken a risk but did not intentionally set out to damage the nursing home.

He asked the court to take into account that she had co-operated with the investigation, had never offended before or since and was remorseful.