‘You can’t just change address and not get the notice’ says judge

A KILLORGLIN man who argued that he did not receive a fixed penalty notice for driving with excess alcohol because he no longer lived at the address was told by Judge David Waters that he should have made arrangements for his post.

James O’Shea, with an address at the time of the offence of The Village Inn, Upper Bridge Street, Killorglin, was before the court charged with driving with excess alcohol on July 28, 2019, at Annadale Road, Killorglin.

His solicitor, John O’Dwyer, argued that his client did not receive the notice and, therefore, could not deal with the issue.

A fixed-charge penalty notice is issued to a driver who is below a certain reading to allow the drink-driving charge to be dealt with by way of a fine and an automatic suspension rather than a prosecution coming before the court. This was sent to Mr O’Shea in respect of having been detected driving with excess alcohol in Killorglin. Mr O’Dwyer said a receiver had been appointed to the pub, and he had no access to the building.

However, Judge Waters did not hold with the legal argument.

“From a practical and legal point of view, he can’t contradict the fact that a fixed notice was served on the address. That is the address that was served on the state, and the evidence is the state served the notice,” he said.

He said that Mr O’Shea did not get it because he had made no arrangements for his post.

“You can’t just change address,” Judge Waters said.

Mr O’Shea was convicted of the offence and was disqualified from driving for one year and fined €250.