Employee's speeding sees Kildare businessman face judge
speed van
A MAN in court for failure to pay a speeding ticket had his charge dismissed when the judge agreed with the defending solicitor that the vehicle in question was driven by an employee on the day in question.
“He felt that he could trust that employee, and that employee let him down,” said Judge John Brennan to Eugene O’Neill (54), c/o ApexReframes, Osberstown Lodge, Naas.
Mr O’Neill came to court to face the charge of failing to pay the ticket, after one of his company vehicles was pinged for speeding on the R445 in Mooretown on the Kildare-Monasterevin road on 29 June last.
“My client wants to address the court with regard to the fixed penalty notice,” said his solicitor Tim Kennelly.
“He’s saying he didn’t get it?” guessed the judge.
“No, judge, it’s with regard to the nominations,” said Mr Kennelly. (He was referring to the part on the ticket where the registered owner nominates the individual who was driving, to get it reissued in that name.) “Were you the driver?” asked the judge.
“No, it was (named individual), an employee who’s gone to Romania for Christmas,” he explained as to why the employee was absent from court.
“I gave it [the ticket] to a foreman to give to Andre to bring it down to the post office with his driving licence and pay the fine,” said Mr O’Neill.
“He wasn’t aware you have to fill out the nomination forms, post them to Thurles, and they contact the nominated driver for their point of view on the situation,” explained Mr Kennelly.
“I didn’t know that, I know it now,” said Mr O’Neill.
“It’s entirely unfair, instead of three [penalty] points and a fine, he’s now looking at five points and a conviction,” said Mr Kennelly.
“To a large extent, punters who refuse to accept this law seem to be getting away with it,” he added.
After the judge then asked him, Mr O’Neill said he owned 20 vehicles – "now in a limited company.”
“Other fixed penalty notices?” asked the sergeant.
“One in the last five years,” said the defendant.
“You make that point,” said Mr Kennelly to the judge about how many are ignoring FPNs and getting away with it.
“Some people can come in and act the rapscallion, but he has come in to explain it,” he added.
The judge looked to Sgt Meade to see if she wanted to pursue this, and she shook her head.
“The state is being very fair, so I’ll dismiss,” said the judge.
