Challenge on way to vehicle tinted windows prosecutions in Offaly

A BARRISTER has signalled his intention to challenge the prosecution of drivers who are accused of having illegally tinted windows on their vehicles.

Regulations governing tinted windows require the front windscreen and both front side windows to allow 65% of light through.

Excessive tinting leaves motorists liable for prosecution and at Tullamore District Court 10 drivers were summonsed for offences related to their vehicle windows.

While four drivers were fined and disqualified, the other six had their cases adjourned following the intervention of John O'Dwyer, BL, who sought disclosure of evidence and indicated he would like an opportunity to make submissions to the court.

The summonses were brought by Garda Patrick McGee with nine alleged offences of careless driving and one summons for the lesser charge of driving without reasonable consideration for other road users, coming before Judge Andrew Cody.

The first summons called was against Aoife Keogh (43), Orwell Park Green, Dublin 6W, and it alleged driving without reasonable consideration on the N52 road at Cappancur, Tullamore on October 27 last.

Garda McGee said he stopped a 2021 Range Rover at 12.48pm because of illegal tint on the windows.

Garda McGee said visibility should be 65% but he tested it and found it to be 26% on one side window and 27% on the other. The driver had no previous convictions.

“Very restrictive view on both sides,” commented Judge Cody.

He fined Ms Keogh, who did not appear when the case was called, €750 and disqualified her from driving for three months.

The next case involved Kevin Murphy (38), The Point Road, Laurencetown, Craigavon, Armagh, who did not appear to face summonses alleging uninsured driving, careless driving and driving without a certificate of roadworthiness on December 16 last on the N52 road at Durrow.

Garda McGee said it was dark when he stopped a BMW X5 and he found that visibility was 15% and 16% on the two front side windows.

The garda added that no insurance produced was produced by Mr Murphy, a man with no previous convictions.

“You couldn't see out,” remarked Judge Cody. Garda McGee said the tint was removed after the man was stopped and visibility was then 77% when retested.

Mr Murphy was disqualified from driving for two years and fined €750 for the insurance offence, along with a six-month road ban and €250 fine for careless driving. A third fine of €250 was imposed for having no certificate of roadworthiness.

Garda McGee summonsed three individuals for alleged careless driving at Cloncollig, Tullamore on January 3 last.

The garda said there was a “large gathering” of cars there on that date and Tereza Raquel De Jesus Ribeiro (31), St Mary's Avenue, Kilbeggan, was found at 9pm at Woodie's with a 2016 blue BMW which had 12% visibility on its side windows.

Garda McGee said Ms Ribeiro, who had no previous convictions, removed the tinting.

Counsel for the driver, David Nugent, BL, said she needed to use her car and would have dealt with the matter if she'd known beforehand.

“She has to have a little bit more respect for other road users,” said Judge Cody, imposing a three-month driving ban and a €750 fine.

A €750 fine with a one-year ban was imposed on Ivan Correa Sampaio Rocha (37), Stonebridge Park, Rochfortbridge, Co Westmeath for careless driving in a 2016 car at Cloncollig on the same date as Ms Ribeiro. Garda McGee said the visibility was 4% on the side windows.

A third driver summonsed for careless driving on January 3 at Cloncollig was Cathal Finn (23), Portland Meadows, The Hill, Loughrea, Galway.

Garda McGee said Mr Finn was stopped at 8.30pm and the visibility was 25% on his vehicle's side windows and 51% on the front windscreen.

Mr O'Dwyer appeared for him and said he was seeking disclosure of evidence but Judge Cody questioned the application saying it was a “simple enough” offence.

Mr O'Dwyer indicated there was an issue with the device used by the garda and the judge then adjourned the matter to December 21 next for a hearing.

“If you want to inspect any device you can bring an application in the meantime,” he told Mr O'Dwyer.

Careless driving prosecutions against five others were similarly adjourned.

An adjournment was granted to Cole Cuskelly (19), Cloncollig, Tullamore, after Aisling Maloney, solicitor, appeared for him.

Garda McGee said there was 42% visibility through one of the windows on his vehicle at Bridge Centre car park, Tullamore on January 21 last at 9.36pm.

Ms Maloney also sought legal aid for Mr Cuskelly but Judge Cody reserved his decision pending what he described as a “proper” statement of means and asking if the defendant had a car.

Ruslan Lungu (42), with an address at 19 JKL Street, Edenderry, did not appear when his summons was called.

It alleged careless driving on January 22 last at St Mary's Road, Edenderry and Garda McGee described Mr Lungu's vehicle as “heavily tinted”, with 28% and 29% visibility on the side windows and 42% on the windscreen.

He said the man had no previous convictions. Judge Cody banned him from driving for six months and imposed a €750 fine.

Later in the day Mr Lungu appeared before the court with the assistance of a Romanian speaking interpreter and represented by Mr O'Dwyer.

Defence counsel sought disclosure of evidence, saying a device is used to scan the car and because of the nature of the charge alleged.

Judge Cody noted the vehicle allegedly involved was an Audi and said that while the accused was entitled to know the case against him the prosecution had disclosed the tint measurements.

Mr O'Dwyer said the nature of the charge was the pertinent issue and he asked that the summons be adjourned for another day and that a date be given for submissions to be made.

Judge Cody told Mr O'Dwyer he knew the date, the place and the measurements and the barrister then said there were also issues to be examined in relation to the calibration of the device used by the garda.

Judge Cody granted an adjournment to December 21 and told Mr O'Dwyer that if he wished to inspect Garda McGee's calibration he could apply to do so.

Moving on to the last three summonses, Garda McGee said that Ann Kenny (23), St Patrick's Avenue, Rhode had a windscreen with 32% visibility and a side window with 29% at 8.30pm on February 9 last.

Ms Kenny was in court for the summons alleging careless driving at Carrick Road, Edenderry and Mr O'Dwyer sought an adjournment which was granted by Judge Cody.

Mr O'Dwyer was also granted adjournments when he appeared for David Mills (40), Morrock, Balluycumber and Ian Flood (22), Woodlawn Drive, Clonbullogue.

Mr Mills is alleged to have driven carelessly at Clontarf Road, Tullamore on March 1 last and Garda McGee said visibility on one window was 35% and on another was 19%. Garda McGee said Mr Mills removed the tint.

Ian Flood is accused of careless driving at O'Connell Square, Edenderry on March 11 last at 7.50pm and Garda McGee said visibility through a window on the 2006 Cork registered vehicle was 35%.

(Funded by the Courts Reporting Scheme)