Drunk driver who crashed into car and assaulted motorist for blocking her from driving away avoids jail

A Wicklow woman who crashed several times into a vehicle that attempted to block her from exiting a cul-de-sac over concerns she was drunk behind the wheel has been given a fully suspended prison sentence.

A sitting of Wicklow Circuit Criminal Court heard that the woman, Kelly Anne Duffy, also struck the other motorist after he had taken her car keys to prevent her driving away.

Duffy, 42, a mother of four and grandmother of two from Sycamore Drive, Newtownmountkennedy, Co Wicklow, pleaded guilty to charges of dangerous driving, drink driving, assault and criminal damage to a vehicle on September 10, 2023.

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The incident occurred after a motorist, Lachlan Gillespie, became concerned by the erratic driving behaviour of Duffy.

Sergeant John O’Brien told the court that the accused had caused criminal damage to Mr Gillespie’s Volkswagen Golf driven at a cul-de-sac in Kilmurry, Co Wicklow.

Sergeant O’Brien said Duffy’s Hyundai Ix35 had been followed to the location by Mr Gillespie, who had become concerned about dangerous driving he had witnessed from her a short time earlier while travelling between Roundwood and Newtownmountkennedy and feared she posed a danger to other road users.

The court heard Mr Gillespie and another motorist who were travelling behind the accused had to take evasive action after Duffy braked suddenly before she subsequently overtook them again further along the road in another dangerous manoeuvre which left one eyewitness “petrified”.

Sergeant O’Brien said the damage to Mr Gillespie’s VW Golf occurred when Duffy tried to get past the vehicle, which he had parked to effectively trap her in a cul-de-sac.

He told counsel for the DPP, James Kelly BL, that there were three or four impacts between the two vehicles with two crashes causing substantial damage to Mr Gillespie’s car, estimated at €8,765. The court heard that the cost was covered by Duffy’s insurance while she had to fund the damage to her own vehicle herself.

Sergeant O’Brien described how Mr Gillespie was struck in the face by Duffy with her open hand after he had taken the keys from the ignition of her car. She was subsequently arrested after she refused to take a breath test when requested by Gardaí.

The court heard that a reading subsequently taken from her at Bray Garda station showed she was over three times the legal drink-driving limit.

Counsel for the accused, Comfort Odesola BL, said Duffy had experienced a number of traumatic incidents in the past which had led her to struggle with alcohol and substance abuse.

Ms Odesola outlined how the accused witnessed the father of her first child being killed in a motorcycle crash, while her son had lost several parts of several fingers in 2012 when a pipe bomb he had picked up exploded.

The barrister said Duffy had sought help for the first time after the incident in Kilmurry and was now attending counselling every week. Ms Odesola told the court that Duffy wished to express her remorse over her actions and had written a letter of apology.

Counsel said the accused had been sober for the previous eight months and had not come to Garda attention since that incident and was ready for “a change of life”. She explained that Duffy had thought she was being followed by Mr Gillespie but had exacerbated the situation when she tried to escape from the cul-de-sac.

Sentencing Duffy to 18 months in prison, Judge Terence O’Sullivan said there was “no possible excuse” for her actions.

“You can’t use a car as a weapon in the manner in which she did,” the judge observed.

He said the evidence also showed she had “a bit of a temper and a bit of an attitude” and clearly was someone who should not drink alcohol. The judge acknowledged that Duffy had suffered a lot of stress, misery and a number of “unfortunate events” in her past but said she also had to take moral responsibility for her actions.

The court heard she was assessed by the Probation Service as being at a moderate risk of re-offending.

The judge said he would suspend her prison sentence in full on condition that she fully cooperate with the Probation Service and comply with all its referrals and recommendations as well as engage with the Bray Community Addiction Team and remain free from alcohol and drugs. He also disqualified Duffy from driving for a period of four years.

Judge O’Sullivan praised Mr Gillespie for the efforts he had made on the occasion to make sure roads were safe for other road users.

Separately, Duffy also lost an appeal against a District Court judgement which sentenced her to three months in prison for being intoxicated and attempting to bite a Garda who was trying to put her in a patrol vehicle.

State solicitor for Wicklow, Brian Robinson, said the incident had happened outside the Parkview Hotel in Newtownmountkennedy on September 13, 2022 when Duffy had also kicked out at Gardaí and refused to provide them with her name and address.

Judge O’Sullivan confirmed the conviction on two public order charges but said he would suspend the prison term for a period of six months.

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