The Association of Garda Sergeants and Inspectors (AGSI) has come out in support of a call by a district court judge for more stringent penalties for certain categories of dangerous driving, writes David Labanyi.
Inspector Tony Ó Domhnaill, AGSI member at Mill Street, Galway, said the matter may form the basis of a motion at next year's conference. Concern at current sentencing provisions was raised in the Dublin District Court by Judge Gerard Haughton who urged the end of what he called a "lacuna" in the road safety laws.
He said an increase was needed in the maximum sentence available to judges for dangerous driving which does not cause injury or death, but which is more serious than other hazardous driving.
Judge Haughton was speaking after sentencing a driver who knocked over a garda with the open door of his van fleeing the scene of a road-rage incident.
The driver, Patrick McDonagh of Finglas, Dublin, received the maximum jail sentence of six months and was banned from driving for 10 years after forcing a woman driver off the road, punching another driver who tried to intervene and ramming a garda car which pursued him.
McDonagh pleaded guilty to driving without insurance, dangerous driving, assault and failing to remain at the scene of the incident in May 2002.
Addressing the court after sentencing McDonagh on March 9th, Judge Haughton said: "We have all seen that this type of activity on the road has caused serious injury or death to gardaí. In my view, it is probably a lacuna in the law and it should carry more than six months imprisonment."
Inspector Ó Domhnaill said AGSI agreed with Judge Haughton's view. "We can understand where he is coming from and it's a matter we need to research further. It would require a statutory change but it's something we will probably examine at the next conference."
Inspector Ó Domhnaill said the need for change stemmed from a feeling among AGSI members that incidents of this type were becoming more common.
"Unfortunately, I think they are becoming more common. While I can't speak for An Garda Síochána, I think Judge Haughton's proposal would find broad agreement within the oganisation.
"What Judge Haughton is referring to is an extension to the charge under Section 53 of the Road Traffic Act 1961. He is talking about an extension to that to cater for the kinds of cases that he specifically dealt with."
This Section of the Act allows provides for a maximum sentence of six months imprisonment and or a fine of €127 for dangerous driving.
Inspector Ó Domhnaill said motions were usually "based on our own experience operating in the field. Once we get a motion adopted as association policy, we would then be in a position to put it before the Government as part of our regular meetings with the Minister for Justice."
A spokeswoman for the Department of Transport said no amendment was planned to that section of the Road Traffic Act.