The joint car owner, whose vehicle was declared a total loss following an impact caused by ex-EirGrid CEO Mark Foley, views it as an unthinkable fortune that no fatalities resulted. Despite the fact that a blood-alcohol test indicated Mr Foley (63) was well above the legal limit, a charge of DUI against him was overruled at Dún Laoghaire District Court this week. Judge Anne Watkin clarified that at Irishtown Garda station, Mr Foley was not properly asked to provide an optional urine sample as per the drink-driving regulations, deeming the blood sample inadmissible.
Mr Foley was manoeuvring on Ballsbridge’s Anglesea Road at approximately 5.45pm on January 13th the previous year when he abruptly veered and collided into two parked cars.
At the time of the accident, Carol Molloy and her family, the owners of one of the struck vehicles, were away, having parked on Anglesea Road to go to Funderland. The Molloys received a call from the local police notifying them of their car being part of a traffic accident, leading to their immediate return to the scene. Carol Molloy described the scene, including Mr Foley’s spun car in the middle of the road, its burst airbag and shattered screen, and commented on it being simply unexplainable that he survived the major accident unscathed.
She also added how Anglesea Road was busy at the time of the incident with adolescents darting between traffic en route to Funderland, and she expressed profound relief that none of them got hit. In retrospect, she contemplates the pictures of her damaged car and shudders at the thoughts of what could’ve happened if they were in the process of boarding or alighting from their vehicle.
Mr Foley exhibited his disregard for his surroundings by remaining engrossed in his phone and avoiding conversation with those around him. The stench of alcohol was evident from his breath. Fortuitously, he collided with a stationary vehicle rather than a moving one.
Ms Molloy’s family vehicle, a Peugeot 508 with seven seats that was no more than four years old, was totalled in the accident. She and her spouse had purchased the new vehicle for €58,000 in 2019, resulting in a significant financial loss for them. “The total loss of our car greatly affected us, as the insurance only compensated us for the value of a used car, despite the drastic increase in the price of such vehicles.”
The Peugeot 508 was thrown forward due to the impact and ended up on the pavement, inflicting serious damage on a parked Mercedes.
Garda Kevin Massey, who was present at the scene that evening, queried Mr Foley, who denied having consumed alcohol but confessed to using his mobile phone while driving.
Evidence of intoxication was detected by Garda Massey from Mr Foley’s breath, leading to a breath test which Mr Foley failed. He was apprehended at the scene at 6:10pm on suspicion of driving under the influence, warned and brought to the Irishtown Garda station. His legal rights were presented to him. A medical professional arrived at 7:35pm to obtain a blood sample.
The blood sample analysis revealed that he had 216mg of alcohol in 100ml of blood, far exceeding the legal limit of 50mg of alcohol per 100ml of blood.
Ms Molloy had expected the court would impose a penalty and revoke his driving privileges. She expressed disbelief when the case got dismissed due to due process, albeit recognising that the judge was just following the standard procedure.
“The conclusion is frustrating given the incriminating evidence provided by the alcohol test,” she remarked, concerned about the message this sends to potential drunk drivers, particularly with the holiday season approaching. She expressed her thoughts on the shocking road fatality statistics for that year.
Mr Foley, the former chief executive of EirGrid, stepped down from his position in April. His departure came just a day before his case was due to appear in court after a six-year tenure. EirGrid, however, declined to provide a reason and refrained from commenting at the time.