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Kyle Hayes fails in appeal over dangerous driving conviction

Kyle Hayes has been banned from driving for two years from 12 June and fined €250
Kyle Hayes has been banned from driving for two years from 12 June and fined €250

Limerick hurler Kyle Hayes has failed in his appeal against a district court conviction for dangerous driving.

He has been banned from driving for two years from 12 June and fined €250.

Last September, Mr Hayes, of Ballyashea, Kildimo, Co Limerick, was disqualified from driving for two years after he accepted he was driving at 155km/h in a 100km/h zone.

He appealed that conviction today, but his appeal was rejected.

Mr Hayes is one of the country's most decorated hurlers. The 26-year-old is a five-time all-Ireland winner and all-star.

From the age of 16, he played in an all-Ireland final with Limerick every year until last year, at minor, under 20s and senior level.

Last September, Mr Hayes was convicted at the district court in Mallow, Co Cork, of dangerous driving. He was disqualified from driving for two years and fined €250.

Judge Colm Roberts refused to reduce the charge to one of careless driving, saying Mr Hayes' speed was excessive and the case merited a conviction for dangerous driving.

Mr Hayes appealed his conviction at the circuit appeals court in Cork today.

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Roads Policing Garda Deirdre Barrett told the court she observed Mr Hayes overtaking nine cars on a dual carriageway between Cork and Mallow. She said he cut in front of the lead car, as the dual carriageway merged into a single northbound lane.

She said she recorded his speed at 155km/h in a 100km/h zone.

"This was a deliberate overtaking and there was no consideration for the safety of the people in the nine other cars or for his own safety," Garda Barrett said.

"This wasn't a momentary lapse. He consciously overtook and put himself, his passenger and other road users in danger."

She believed Mr Hayes' car was travelling "an awful lot faster" before she was able to record it with the speed gun she was using. She said she did not get a chance to record his speed prior to this because Mr Hayes was travelling so fast.

She said she believed Mr Hayes' driving created the potential for a serious road traffic collision.

She said Mr Hayes told her he had "run out of road" when he was overtaking, as the dual carriageway merged into a single lane.

Defence barrister, Ronan Barnes argued that, while Mr Hayes conceded that his driving was careless, it did not meet the legal threshold for a conviction for the more serious offence of dangerous driving.

He sought a direction from Judge Helen Boyle to substitute the charge of dangerous driving and replace it with a charge of careless driving.

Opposing that application, state solicitor Jerry Healy said Mr Hayes' speed was more than 50% over the speed limit.

"He expected everybody else to step aside and get out of his way," Mr Healy said.

Refusing Mr Barnes' application for a direction, Judge Boyle said the threshold for a dangerous driving charge had been reached, based on the evidence of Garda Barrett.

"The State has reached the threshold and the evidence was that the driving was dangerous or likely to be dangerous to the public," Judge Boyle said.

Mr Hayes then gave evidence for around 10 minutes.

He denied that he had cut in front of the lead car in the line of nine cars he was overtaking.

He accepted that he was driving at 155km/h, but said he did not think his driving was dangerous.

In her judgement, Judge Boyle described Mr Hayes' speed as excessive. She said the evidence was that nine cars were overtaken and that there had been a "cutting in" by Mr Hayes as he reached the end of the dual carriageway.

She said she was satisfied that Mr Hayes' driving was dangerous.

"I don't have a doubt in this case and I will proceed to convict," she said.

She affirmed the district court disqualification from driving for two years and the fine of €250.

She granted a postponement of the disqualification until 12 June next.

The outcome of today's appeal also has a bearing on a conviction against Mr Hayes on two counts of violent affray, which was recorded at the circuit criminal court in Limerick in December 2023.

He received a two-year suspended sentence for those offences.

The matter has been re-entered at the court in Limerick, triggered by the dangerous driving conviction in Mallow, to assess whether that conviction breaches the terms of the suspension of the violent affray sentence.

The case in Limerick stands adjourned until this day week (19 March), pending the outcome of Mr Hayes' dangerous driving appeal.