July 22

Speeding Ruling in the High Court

Created by Connolly O'Neill LLP

A high court ruling in July 2014 may mean a large number of speeding summonses in Ireland could be dismissed.
Mr Justice Nicholas Kearns found Gardaí should have provided a man summonsed for speeding with a photograph taken of his car on the day of the alleged offence before he was brought before the District Court.

Mr Justice Kearns said it was insufficient, when dealing with a mandatory provision (Section 81.3) of the 2010 Road Traffic Act, for a Garda to simply state that it is “normal or usually the case” that a photo is included with the summons.“There must be evidence that it has in fact been given to an accused person before the trial commences,” he said.

The court heard this ruling may affect the outcomes of a large number of similar cases in the West of Ireland which had been on hold pending the outcome of this case. Indications are that many of these may now be dismissed.

Connolly O'Neill LLP Solicitors

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