Tyrone man's foot slipped on brake and hit accelerator causing collision, court told

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A pensioner whose foot slipped on the brake and hit the accelerator causing the recovery truck he was driving to collide with the rear of a van, has been fined £200 with a £15 offender's levy.

Thomas James Kirk, aged 78, from Eastvale, Dungannon, was also handed five penalty points for driving without due care and attention in the vicinity of Ballygawley Roundabout, Dungannon, on February 10.

Prosecuting counsel told Dungannon Magistrates Court, sitting in Omagh, that the recovery truck had crossed over the grass area and collided with the rear of the van causing minor damage.

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The lawyer said the defendant had told police that he could not get stopped and he was trying to avoid a collision.

Omagh Courthouse where Dungannon Magistrates Court is held. Credit: GoogleOmagh Courthouse where Dungannon Magistrates Court is held. Credit: Google
Omagh Courthouse where Dungannon Magistrates Court is held. Credit: Google
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Defence solicitor Jarlath Faloon explained that Kirk has been driving for 60 years and has “an exemplary record” with only one conviction for speeding.

Mr Faloon said the defendant had been doing a chore for his son who runs a recovery business and was returning home.

He said the defendant's foot had slipped on the brake and hit the accelerator.

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"Thankfully no one sustained injuries and the damage caused was covered by his son's insurance," Mr Faloon added.

He said the defendant has previously worked as a bus driver and lorry driver and pleaded with the court to give him credit for his good driving record.

Imposing the penalties, District Judge Peter Magill said that "this could have been so much worse" and although the defendant had a very good record he would impose five penalty points.