34 motorists suspected of breaking traffic laws have cases struck out

More than 30 motorists suspected of breaking road traffic laws walked free from court today without any sanction after a judge struck out all of their cases.

Over 30 motorists suspected of breaking road traffic laws walked free from court without any sanction after a judge struck out all of the cases.

At Ennis District Court, Judge Patrick Durcan took aim at members of the Oireachtas for failing to legislate properly in areas of road traffic law as he struck out 34 Garda prosecutions against motorists as a result of a recent High Court ruling which found that a section of the Road Traffic Act concerning defences to fixed charge notices is unconstitutional.

Of the cases struck out today, 21 were prosecutions over not paying fines for speeding.

If convicted, the offending motorists would have received five penalty points on their licence along with whatever fine Judge Durcan would have imposed.

Another driver charged with careless driving and three cases of holding a mobile phone while driving were also struck out.

Judge Durcan said after the recent High Court ruling, “one is drawn to the inescapable conclusion that these cases are not going to ever emerge into broad daylight again”.

He said he found it extremely irritating to read critical comments by legislators on the Road Traffic laws “and yet the job of the legislature is to legislate and nothing seems to be done to legislate for the appalling situation that has been created by legislation in this case”.

"Let's get real about this carry on" he said, adding that legislators had "legislated in a confused fashion without a knowledge of the road traffic laws and without a knowledge of what they are doing”.

Judge Durcan said as a result of this failure “it would be a complete derogation of my duty and judicially irresponsible to allow these matters proceed in this case”.

Judge Durcan told the prosecuting Garda in the case “your time has been completely wasted and your efforts have been wasted by the contradictory legislation and the unconstitutional situation that has been created”.

Later, he noted no appeal has yet been lodged by the State against the High Court judgement and said: "There is something somewhere amiss."