A Circuit Court judge has called for a ban on tinted windows in cars and vans following the conviction of a driver yesterday for dangerous driving. The court heard the accident caused the death of a Co Galway vet over a year ago.
David Fox, Station Road, Oranmore, Galway, who was 19-years-old at the time of the accident, pleaded guilty yesterday to dangerous driving which caused Dara Halloran's death on a straight stretch of the N17 Galway to Sligo road, last August.
Fox had been driving a Peugeot diesel van whose body had been customised with tinted glass and stickers.
Imposing a suspended two-year sentence and eight-year disqualification, Judge Raymond Groarke said neither the deceased man's family, society nor the accused would benefit from a custodial sentence.
The deceased, who was 31 at the time and married with three children, aged four, 2½ and seven months, died instantly when his car was spun into the path of an oncoming articulated lorry after the van being driven by the accused hit his car from behind near Knockdoebeg West, Claregalway, on August 7th, 2004.
Sgt William Byrne, who investigated the accident, said he discovered Fox was part of a four-car convoy of young male drivers travelling from Galway to Tuam that night. Two of the cars, he said, had gone on ahead at very high speed towards Tuam and Fox and another car travelling behind him were left behind. The accident occurred when Fox, who had only bought the van a week before, was trying to overtake Mr Halloran's car, while an articulated car-transporter lorry with two trailers attached, approached from the opposite direction.
Fox realised at the last moment that he could not complete the overtaking manoeuvre and as he tried to get back in behind Mr Halloran's car, the front of his van clipped the rear of Mr Halloran's car, forcing it to spin out of control, go across the road and collide head-on with the oncoming lorry.
Drink had not been a factor in the accident as both Mr Halloran's body and Fox tested negative, Sgt Byrne said.
The driver of the lorry was found to be totally innocent and the court was told he has not worked since coming across a double road fatality just two weeks after this accident.
Judge Groarke called for a ban on tinted windows in cars and vans. "The sooner those tinted windows are abolished the better, not least because they inhibit a driver's view of the road, especially at night-time. Anyone who drives a vehicle with tinted windows at night is driving a potentially dangerous vehicle," the judge said.
Afterwards, Donal Halloran, father of the deceased, said he was disappointed with the sentence . "I didn't want anybody to hang, but yes, I did want him to go to prison.
"He recklessly and criminally took the life of my son. I do, however, feel that the judge was very fair. I don't blame the judge, it's the sentencing policy that I blame."
