‘You can’t have a dog and bark yourself…’

Truck driver refused to move his vehicle

A LIMERICK truck driver, who refused to move his vehicle out of the way of other motorists – because he said was on a lunch break – has been fined €1,000. Damien Deegan, (40), contested a charge at Limerick District Court that, he obstructed traffic at the Topaz filling station, Roxboro Road, on April 1 last year.

In a separate matter, he admitted in court to driving at 78km p/h in a 50km p/h zone on the Ennis Road, Limerick on March 18, 2011.
As the contested case proceeded, Deegan interrupted his solicitor, John McShane, a number of times.
Presiding judge, Eamon O’Brien, eventually told him: “You can’t have a dog and bark yourself. Do you want your solicitor, or, do you want to conduct the case yourself?”.
Deegan allowed his solicitor to continue on his behalf.
The court was told by Garda Josephine Falvey, Roxboro Road station, that Deegan’s truck was parked up and causing an obstruction to other motorists at the filling station.
Garda Falvey said she approached Deegan, of Corrib Drive, Clareview, Limerick, and that he initially refused to speak to her.
She told the court, when Deegan did speak, it was only to say he was having his lunch.
Garda Falvey said Deegan refused a number of times to move his truck and he became “very annoyed”.
He eventually moved his truck 15 minutes later, the court heard.
Garda Falvey said traffic was “very busy at the time”, and a female motorist, who had driven into the Topaz station behind Deegan’s truck, “couldn’t move back or forth”, because she was stuck between the truck and traffic from behind her own vehicle.
Garda Falvey said Deegan had parked in an area near where motorists use petrol pumps in the filling station.
Deegan told the court he parked his truck in, what he believed was a designated parking space near the pumps.
“There was no other parking space big enough for a truck,” he said.
He agreed with his solicitor that, under EU legislation, truck drivers are required to take rest breaks from driving.
“I was having my lunch. I’m entitled to take a break,” he told the court.
Deegan said the female motorist had verbally abused him and got out of her car “roaring” at him to move.
“I’m an obliging person…but like any normal person, I don’t take abuse”.
Deegan said he had lost his job at the time, because of the incident.
Mr McShane said Deegan was currently self-employed and reliant on a vehicle for work.
He added Deegan’s parents were also somewhat reliant on him having a vehicle.
Considering all of the evidence, Judge O’Brien said he was “satisfied” to convict Deegan.
He fined him €500 for obstructing traffic and a further €500 for the speeding offence.
The court heard Deegan had four previous convictions including obstructing gardaí, having faulty vehicle recording equipment in his truck, and engaging in abusive or threatening behaviour towards a peace officer.

Advertisement