Fixed penalty charge notices chaos after High Court ruling
Hundreds of drivers facing prosection and penalty points for speeding, drunk driving and other road traffic matters in Sligo are likely to have their cases struck out in the coming weeks following a High Court judgement.
Cases where fixed penalty noitces had been issued had been adjourned by Judge Kevin Kilrane at Sligo District Court pending the outcome of the High Court case.
In her ruling, Justice Úna Ni Raifeartaigh found that section 44.10 of the Road Traffic Act 2010 – as amended by s.27 of the Road Traffic Act 2016 – was unconstitutional, a decision which will have an impact on thousands of cases.
The High Court Judge held that that section 44 was unconstitutional because it did not distinguish between those who chose not to pay a first fixed charge notice and those who genuinely did not receive it in the post.
The applicants in two cases who went to the the High Court had argued section 44.10 means defendants charged with the same offence may receive different penalties due to circumstances wholly outside their control – non-receipt of the fixed charge notice. In their separate district court cases, both the man and woman admitted holding a mobile phone but argued they had not received the initial fixed charge notice.
Had they done so, and paid the fine, that would have enabled them to avoid conviction, a higher fine and the mandatory five penalty points.
At Sligo District Court last Thursday, a number of fixed charge penalty notice cases were adjourned by Judge Kilrane who said he did not necessarily agree with the High Court judgement.
He asked the court presenter, Sergeant Derek Butler if he was aware of the High Court descision and he confirmed he had read it.
Judge Kilrane said it was “creating quite a mess where thousands and thousands of cases would be going to the wall” including drunk driving prosecutions based on the fixed charge notice.
The Judge said he would adjourn all penalty point cases for clarification from the State to March 26 th next.