Davy Fitzgerald wins speeding appeal
DAVY Fitzgerald, the former Clare All-Ireland winning hurling manager, has won his fight against a speeding conviction.
Mr Fitzgerald, aged 47, had been fined €400 and banned from driving for 28 days by the District Court in June.
The former All-Star, who is currently Wexford hurling manager, from Sixmilebridge, Co. Clare, did not appear at the District Court at the time as he never received notification to appear.
He has not served any time off the road or paid the fine imposed as he appealed the sanctions to the circuit court.
At Ennis Circuit Court Judge Gerald Keys yesterday allowed Mr Fitzgerald’s appeal after the State was unable to provide written proof it had sent out a Fixed Charge Penalty Notice to him.
In evidence, Go Safe employee John McMahon told the court that while on duty he detected a 151 D car registered to Mr Fitzgerald driving at a speed of 114kph in a 100kph zone. It happened on the dual-carriageway linking Ennis to Limerick at Clonmoney West in Bunratty. Co. Clare, at 1.17pm on December 23 last year.
Judge Keys said: ‘This is an area on the dual carriageway where there are very small circular signs showing differences in speed between one area and the other. It is not the easiest to observe, do you agree?
Mr McMahon then replied: ‘Probably.’
Judge Keys said: ‘I know the spot very very well and it is literally nearly impossible for a driver coming out of that area to suddenly reduce speed from 120kph to 100kph.’
Mr McMahon said Mr Fitzgerald’s car was coming from Limerick and there is no reduction in the speed limit whereas there is a reduction in speed coming from the Ennis direction.
Judge Keys said: ‘The signs that distinguish one area from the other are quite small and not the easiest to observe. There is an area where it is very difficult to observe for any motorist to observe.’
State Solicitor Martin Linnane conceded there was no certificate of postage for the Fixed Charge Penalty Notice.
Judge Keys allowed the appeal without hearing from Mr Fitzgerald or his solicitor Stiofán Fitzpatrick.