A man who caused a serious road collision on the N25 by driving at a ‘profoundly excessive’ speed and overtaking into the path of an oncoming car has been jailed.
Alberto Morillow Rodriguez (29) of 39 Castlewood, Little Island, Co. Cork, appeared before Judge Eugene O’Kelly for sentencing at Waterford Circuit Criminal Court this month. The court heard that he pleaded guilty to a charge of dangerous driving causing serious bodily harm, which related to an incident in August 2024.
Garda Ciaran Kenrick confirmed to State Prosecutor Niall Storan BL that Gardaí were dispatched to the scene of a head-on collision near Carroll’s Cross, Waterford, after 6.00 am on 1 August 2024.
It was heard that two vehicles were involved and majorly damaged in the collision, with one vehicle landing in the nearby hedge and the other in the middle of the road. There was debris strewn across the road as Gardaí and members of the emergency services arrived at the scene.
The accused, who is originally from Spain but has lived in Ireland for several years, was driving from Cork to Wexford that morning for work when he collided with a young woman who was driving in the opposite direction to Cork for an exam. The collision occurred at approximately 6.09 am.
Garda Kenrick confirmed to the court that a witness travelling that morning from Waterford to Cork, who was driving behind the woman, came forward. The witness told Gardaí that they recalled a car, identified as the accused’s, coming out from behind a truck at a ‘dangerously high’ speed, directly into the path of the woman’s car.
The driver ‘immediately knew’ there would be a crash, and in the aftermath, told Gardaí that they went to the woman’s car and observed that she had blood coming from her nose and was not speaking.
ENGINE THROWN 20 FEET IN THE AIR
The witness had ‘no doubt’ that it was the defendant’s car who was at fault, as they observed him attempting to overtake. They also described seeing the engine of the woman’s car be thrown approximately 20 feet up into the air.
It was heard that the defendant also came over to the woman’s car to apologise in the aftermath and helped to lift her out of the vehicle.
The defendant was arrested after he presented to Tramore Garda Station on 30 August 2024.
He told Gardaí that he was running late for work as a diving instructor in Wexford that morning, and admitted that the collision was his fault as he overtook the truck without looking to see if a car was coming.
Garda Kenrick read out a lengthy victim impact statement on behalf of the woman. She described how the ‘ongoing and far-reaching’ consequences of the accident continue to impact her quality of life, as she suffered ‘multiple’ serious injuries and now deals with PTSD.
The woman fractured her left ankle and two of her right fingers in the collision. She was out of work for 11 weeks and four days in the immediate aftermath, and had to take further time off due to necessary surgeries and rehabilitation treatment.
The woman suffered widespread bruising, gashes and soft tissue damage, along with injuries to her jaw and left hip. She described now dealing with ‘persistent’ neck pain and stiffness which affects her daily activities and wellbeing.
In her statement, she also told the court she now gets ‘recurring flashbacks’ and ‘distressing’ nightmares of the accident, involving a car coming towards her. The woman stated this is something she never previously had to deal with, and although she has returned to driving, she feels ‘significant’ anxiety due to a ‘lack of control’ when travelling as a passenger.
The woman also described feeling more “vulnerable and less secure” since the incident, as it has impacted her independence, social life, and financial circumstances. Her car was written off and she also lost personal belongings such as her laptop, airpods and a powerbank.
The woman concluded by asking the court to take into account the ‘significant’ physical impact, psychological trauma, and ongoing effects that she has suffered from the collision.
Defence counsel Gareth Hayden BL highlighted that his client prepared a letter of apology to the woman, in which he ‘accepts responsibility’ for the collision. In the letter, the defendant stated that the woman’s injuries “weighed heavily” on his mind, and he is “genuinely ashamed and remorseful” for what occurred.
Mr. Hayden described this as a “heartfelt apology” that followed on from the apology made at the scene of the collision.
The barrister said there was an absence of aggravating factors such as impaired driving, as the defendant did not have drugs or alcohol in his system at the time. He added that a Probation report prepared in advance of the hearing ‘highlights remorse’, and that the defendant has a “strong work history” as a diving instructor and underwater welder, but is now working in construction.
Mr. Hayden said that the report describes the defendant as a “sincere, polite and impressive” man with a “low-risk of re-offending.”
It was noted that he has no previous convictions and has come to no further Garda attention since August 2024.
Judge O’Kelly said that the woman ‘poignantly’ set out the serious circumstances for her in her statement. The judge highlighted that a significant aggravating feature was the excessive speed the accused was driving at the time, with one witness estimating it to be around 140 km/h before the later collision occurred.
Judge O’Kelly added that the accused overtaking at a ‘profoundly excessive’ speed showed a ‘total disregard,’ and that “there must have been a clear line of sight” before he moved out into the road. The engine of the car detaching due to the ‘force’ of the impact was also highlighted by the judge.
The judge set a headline sentence of three years imprisonment, which was reduced to two years and three months due to mitigating factors such as his guilty plea, apology, lack of previous convictions and his ‘good’ work record.
Handing down the sentence, Judge O’Kelly noted that although it was the defendant’s first offence, a community service order or suspended sentence was not justified, as the harm caused was ‘too serious.’
A CLEAR MESSAGE OF DETERRENCE
“The court has to send out a clear message of deterrence that it is not acceptable to drive at an excessively high speed and overtake into the path of oncoming cars,” the judge said.
The final 12 months of the two year and three month sentence was suspended for a period of 12 months, and the defendant was also disqualified from driving for five years.
Judge O’Kelly granted a request from Mr. Hayden for the defendant’s prison sentence to be deferred for two weeks to allow him to make arrangements.
It was noted that he will be taken into custody on 21 October, 2026.
Funded by the Court Reporting Scheme Robyn Power
