Wednesday 21 August 2019

Motorcyclist who skidded into pedestrian, breaking both her legs, is jailed

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Aoife Nic Ardghail and Brion Hoban

A motorcyclist who lost control of his bike and skidded into a pedestrian, breaking both her legs, has been jailed for 15 months.

Dublin Circuit Criminal Court heard that when father-of-five Miguel Pintos (38) came off the bike, he also impacted with another woman, fracturing her ankle.

Pintos, of Coultry Way, Ballymun, Dublin, pleaded guilty to endangerment at Shangan Road, Ballymun, on May 6, 2018.

Judge Karen O'Connor sentenced Pintos to two years’ imprisonment, but suspended the final nine months of the sentence on strict conditions.

At a previous sentence hearing, Garda Gerard Mullarkey told Garret Baker BL, prosecuting, that the two women had been walking along the road after having dinner together when Pintos lost control of his motorbike.

The woman who suffered the more serious injury later told gardaí that she didn't remember much about the incident or feeling pain at the scene. She recalled a member of the public speaking to her and trying to keep her awake.

Gda Mullarkey told Mr Baker that this woman received 20 stitches to her head and though she has begun to improve physically, she suffers pain and requires further surgery to get plates in her legs.

Referring to a victim impact statement, which was not read out in court, Gda Mullarkey said this incident had had an impact on her life.

He said the second woman suffered a fractured ankle and that since the incident she becomes nervous when she hears a motorcycle.

Pintos has 29 previous convictions, including convictions for drug offences, drunk driving and other road traffic offences.

The garda agreed with Luigi Rea BL, defending, that his client apologised repeatedly for what he had done, describing the incident as “a moment of stupidness”.

He agreed that Pintos recalled going into a “wobble” before coming off the bike he had borrowed from a third party.

Gda Mullarkey confirmed that Pintos had no other charges pending against him and that his family, originally from the Basque Country, had been horrified at the incident. He also agreed that there were no alcohol or drugs involved in the case.

Mr Rea handed in letters to Judge O'Connor, including one from his full-time employment.

Counsel submitted that Pintos had also taken steps to improve his literacy and did voluntary work in providing meals on wheels to the elderly.

Judge O'Connor said it was a factor that in the past Pintos had been less than respectful of the rules of the road. She said the aggravating factors in the case were the impact on the victims and the fact that Pintos should not have been on the bike.

She said the mitigating factors were Pinto’s early guilty plea, his co-operation and his admissions, his family circumstances, his efforts to rehabilitate and his remorse.

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