Wrongful conviction of speeding motorists
Thousands of Irish motorists convicted under Section 5 of the Road Traffic Act 2004 may now be able to have those convictions quashed as a result of a recent judicial review case.
Section 5 of the Road Traffic Act 2004 imposes a speed limit of 50km per hour in built up areas. A “built up area” is defined as an area of a city, a borough or a town.
A test case recently brought before Nenagh District Court was withdrawn by the Gardai at the direction of the DPP following the High Court judicial review. The alleged offence under Section 5 had taken place on the main Limerick to Dublin road and it was successfully argued that this did not constitute a built up area within the meaning of the act. As an essential component of the alleged offence was missing the accused could not be successfully convicted by the courts.
Since this case Judge Mary Martin, who sits in a number of areas in the Tipperary District has been striking out cases prosecuting motorists for exceeding the speed limit in villages and rural town lands situated on national primary routes and other roads.
Drivers who have been wrongly convicted will have to have their cases withdrawn by the DPP in order to be exonerated.
For further information contact H. Pat Barriscale of our Crime and Road Traffic Offences Unit.