How to travel at 131kph in a 80kph zone and get away with it

Jip

Nothing shocks me anymore about the state of the legal system in this county, how ridiculous is this

The Independent
By Ray Managh

Thursday April 23 2009

A MAN who drove at more than 130kph in an 80kph speed zone will have his conviction, fine and four penalty points wiped out if he donates €600 to a hospice, a judge said yesterday.

Construction industry worker Alan Kennedy, of Booterstown Avenue, Blackrock, Co Dublin, told Judge Gerald Keys in the Circuit Appeal Court he would make the donation over the next three months.

Kennedy said he accepted the evidence of Garda William Dempsey that he had been driving at 131kph in the 80kph zone just approaching the Blanchardstown roundabout on the Navan-Dublin N3.

He told the court he had not received the fixed penalty notice in the mail and, having failed to pay the penalty, had been summoned to the Dublin District Court on May 27 last year.

Having explained his situation to District Court Judge Cormac Dunne, he had been told that if he donated €600 to the Harold's Cross Hospice before last July 3, he would avoid conviction, fine and penalty points.

Kennedy said he had expected to receive notification in the post of Judge Dunne's direction and had not paid the €600 contribution which, with the construction industry setback, he still considered high.

When he checked about the situation with the District Court office, he had been told that, not having paid the donation, the conviction, fine and penalty points had been applied.

Kennedy appealed the lower court's decision to the Circuit Court yesterday and told Judge Keys the conviction and points penalty would create insurance difficulties for him. He agreed that the lower court had been quite lenient with him.

Judge Keys said there had been no obligation on the District Court Office to notify Kennedy by post of Judge Dunne's decision and he did not have a legal representative at the time to advise him.

He told Kennedy that if he complied with the District Court recommendation and made the donation before July 8 next, he would allow his appeal on production of a receipt from the hospice.

- Ray Managh

Jip

Jip wrote: »

Nothing shocks me anymore about the state of the legal system in this county, how ridiculous is this

I think that judge was quite fair TBH

godtabh

ronoc wrote: »

I think that judge was quite fair TBH

How?

Whats there to stop him doing this again? A donation to a charity wont have the same effect as 4 peanlty points, higher insurance and the possibilty of losing your job

Topper Harley

You're right. That is absolutely ridiculous. Maybe he's telling the truth about not receiving the fixed penalty but then not complying with the court's decision as well - to me it sounds like he was chancing his arm.

And then being let off again because the points would cause insurance difficulties for him... same as everyone else. That's why we stick to the rules of the road and if we're caught speeding, we accept 2 points and don't do it again.

inforfun

"Kennedy said he had expected to receive notification in the post of Judge Dunne's direction and had not paid the €600 contribution which, with the construction industry setback, he still considered high."

The only thing that was high, was your speed, Muppet.

mike65

He told the court he had not received the fixed penalty notice in the mail

Should not such correspondence be done by registered post?

bladespin

ronoc wrote: »

I think that judge was quite fair TBH

As long as we all get that option, can't see how one could get it when another mght receive double points or even a ban.

Robbo

mike65 wrote: »

Should not such correspondence be done by registered post?

It should be. But at €5.15 a throw, I doubt it'll happen.

bladespin

mike65 wrote: »

Should not such correspondence be done by registered post?

Robbo wrote: »

It should be. But at €5.15 a throw, I doubt it'll happen.

Used to be but underwent cost cutting measures, AFIK saying you didn't receive it is no defence, or so the guards would have you believe.

drunkmonkey

mike65 wrote: »

Should not such correspondence be done by registered post?

thankfully the don't, every law needs a loophole.

Does it allways work like this, can I offer to pay a large some of money and get out of a speeding fine, hopefully i'll never end up in such a situation, just curious..

Jip

ronoc wrote: »

I think that judge was quite fair TBH

As Kearnsr said, how ? Does this mean that we can start using similar excuses and then when we get the chance to make a pay off we can delay it with more excuses like sorry judge, was on a bender the other weekend, don't have the cash, or sorry judge, both meself a new set of alloys for me jammer, how about another few weeks ?

His solicitor

told Judge Keys the conviction and points penalty would create insurance difficulties for him.

FFS, sorry judge my client murdered someone that time, but please don't convict as that would make employment difficulties for him.

lukasbasic

130kph is not a lot, you can do easily 160 on that road if not some dumb***** which go on the fast lane with low speeds

godtabh

lukasbasic wrote: »

130kph is not a lot, you can do easily 160 on that road if not some dumb***** which go on the fast lane with low speeds

Thats not the point is it? He broke the law got caught and is getting off scot free

Hooch

lukasbasic wrote: »

130kph is not a lot, you can do easily 160 on that road if not some dumb***** which go on the fast lane with low speeds

:rolleyes:

Sorry but as for the dumb comment....kettle and pot comes to mind.

Jip

nice guy always wrote: »

:rolleyes:

Sorry but as for the dumb comment....kettle and pot comes to mind.

Absolutely.

Owen

130kph? All this fuss over 130kph?

peasant

ned78 wrote: »

130kph? All this fuss over 130kph?

Well it IS 50 km/h or 60% over the posted limit ...quite fussworthy IMO

Sleipnir

Ah ha!

of Booterstown Avenue, Blackrock, Co Dublin

There's the reason.

fullstop

nice guy always wrote: »

:rolleyes:

Sorry but as for the dumb comment....kettle and pot comes to mind.

You mean pot....kettle....black?

Hooch

fullstop wrote: »

You mean pot....kettle....black?

Yep

Savman

€600?? His insurance wouldn't have went up by that much for feck sake. Unless he was already on the 6/8/10 penalty point mark. It's all relevant y'see.

unkel

Unbelievable. No wonder the court system is clogged up :rolleyes:

TheNog

"Kennedy said he had expected to receive notification in the post of Judge Dunne's direction and had not paid the €600 contribution which, with the construction industry setback, he still considered high."

This quote above suggests to me he didnt even go to the first court sitting.

lukasbasic wrote: »

130kph is not a lot, you can do easily 160 on that road if not some dumb***** which go on the fast lane with low speeds

Maybe those dumbasses who abide by the speed limit move into the right hand lane for the roundabout and turn into Blanchardstown village.

dade

bladespin wrote: »

As long as we all get that option, .

well the judge has set the precedent so anyone in a similar situation can call that case and use that judgement as a reason why they should receive similar treatment i suppose. not sure if it's allowed coz I'm no lawyer.

drunkmonkey wrote: »

Does it allways work like this, can I offer to pay a large some of money and get out of a speeding fine,

well the judge has set the precedent for allowing such offers

Sully

Whats to stop someone offering money instead in future? If refused, you could appeal on the grounds it was permitted in this case?

Topper Harley

dade wrote: »

Well the judge has set the precedent so anyone in a similar situation can call that case and use that judgement as a reason why they should receive similar treatment i suppose. not sure if it's allowed coz I'm no lawyer.

I'm no lawyer either but as far as I know, Judges don't have to follow precedent. On any given occasion you might just find yourself before a Judge who has quite a liberal interpretation and will make his own ruling. With my luck, he'd throw the book at me - probably have me shot or hanged.:D

godtabh

TheNog wrote: »

This quote above suggests to me he didnt even go to the first court sitting.

I think it says that he had no representation at the hearing ie he just turned up himself and hence why he thought a letter would be sent

dade

Topper Harley wrote: »

I'm no lawyer either but as far as I know, Judges don't have to follow precedent.

true but if a precedent has been set it may open up an avenue for appeal on those grounds. either way IMO the judge was way out of order in the first instance to allow this.

can't afford the raised insurance because you got nabbed speeding? bit o' bad in my opinion them's the breaks.

smash

Lads, take a trip to a court house some day.... you'll get off anything if you give a donation! I've seen drugs offences let off because of donations given. Look for yourself!

pred racer

steve06 wrote: »

Lads, take a trip to a court house some day.... you'll get off anything if you give a donation! I've seen drugs offences let off because of donations given. Look for yourself!

Yeah, you will get off with a donation.......if its your first offence and if your solicitor can persuade the judge that a criminal record for the rest of your life is not warranted.

The same goes for speeding, if you can convince the judge (not easy imo, the 10 judges I have been up before in the last 3 yrs didnt believe my ex once and they were dead right every time:)) that you didnt get the notice they will give you the benefit of the doubt, if they dont believe you they will nail you to the wall.

If this guy doesnt pay the fine though, the judge will do him for the original offence and failure to obey a court order (a bigger deal in most judges eyes from what I've seen)

Thats in my experience of course.....judges differ etc etc

godtabh

pred racer wrote: »

Yeah, you will get off with a donation.......if its your first offence and if your solicitor can persuade the judge that a criminal record for the rest of your life is not warranted.

He didnt have a solicitor. Very little persuading was required by the sounds of it

pred racer

kearnsr wrote: »

He didnt have a solicitor. Very little persuading was required by the sounds of it

sorry, should have been clearer, that part was directed towards getting off drugs charges.

SC024

Whats the big deal?

He did 131km hour ? Whoop the doo fecking DA

Didn't do anyone any harm....

That Judge was aright... At least a charity got something out of it...

MagicMarker

SC024 wrote: »

Whats the big deal?

He did 131km hour ? Whoop the doo fecking DA

Didn't do anyone any harm....

That's one dumbass post you got there.

Topper Harley

SC024 wrote: »

Whats the big deal?

He did 131km hour ? Whoop the doo fecking DA

Didn't do anyone any harm....

It was 131kph in an 80kph zone by the way, not a 120kph zone.

And what would happen if we apply that logic to other situations. Someone robs millions from a bank. The money is insured though and no one gets hurt. So just let them away with making a donation to charity? How about the same for attempted murder?