Legal loophole closed

A LEGAL loophole which meant that cases could not be prosecuted if members of the public had not received a fixed penalty notice in the post is now well and truly closed.

An exampled presented itself at the District Court whereby Jason Sheridan of 18 Cluain Aoibhinn, Rosslare Strand, told Judge Gerard Haughton that the first notification he received of a speeding charge was the summons to come to court. He admitted travelling at a speed of 96km/h in a 80km/h zone at Wells Hill, Oulart, on September 9 of last year.

Judge Haughton then explained to Sheridan that upon receiving the summons he had a further option to pay a fine up to seven days before the court date. Mr Sheridan said that he had been confused about this and said that he didn’t understand why the fine would have been €160 when he didn’t receive a fixed penalty notice to begin with.

‘I only enforce the law, I don’t make it up,’ said Judge Haughton.

He then handed Sheridan a €160 fine in view of the fact that he didn’t fully understand the summons, however the defendant had to present his licence for penalty points which will be increased due to the court appearance.