Man clocked at big speed in Offaly 80kph zone was driving 'expensive' BMW

A MOTORIST was recorded by a garda driving an expensive BMW at 143kph in an 80kph zone near Daingean, Tullamore District Court heard.

Conor Jennings (48), Clonad, Daingean, appeared before Judge Andrew Cody after being summonsed for dangerous driving at Clonad on May 27 last year.

Before any evidence was heard the defending solicitor, Warren Parkes, said he could either apply for a hearing date or ask that the charge be reduced to careless driving.

For the court to consider a reduction the facts would have to be heard, added Mr Parkes.

Garda Pat McGee told the court he detected the vehicle, a 2021 blue BMW M5, at 9.10pm and though he activated the blue lights the car kept going.

Garda McGee said the speed gun had recorded the registration number of the car and from it he established that it was registered to a garage in Athlone.

The garda contacted another garda unit and they stopped the vehicle in Tullamore and found that Conor Jennings was the driver but not the registered owner because a transfer of ownership had not yet been completed.

Garda McGee added that “potentially” Mr Jennings had not even seen the blue lights on the garda car.

The garda also said the driver was processed for intoxicated driving but all the results were returned negative.

Mr Parkes said he had spoken to Garda McGee about the possibility of the charge being reduced from dangerous driving to the lesser offence of careless driving and the garda had said he would be satisfied with that if the court was.

Judge Cody remarked that a 2021 BMW M5 would be an “expensive car” and Garda McGee said he understood Mr Jennings had it for a week or two.

Mr Parkes said his client accepted he was speeding and had been “ably assisted” by the car in doing so.

The solicitor said Mr Jennings was driving on a clear stretch of road on an evening when it was bright and dry.  “It is speed pure and simple,” he said.

The case before the court was not one of dangerous overtaking or involvement in a road traffic collision but it was accepted that speed is an element of a dangerous driving prosecution.

“There are no aggravating circumstances in relation to the driving itself save and except the speed which of course was substantially above the speed limit,” said Mr Parkes.

The solicitor said it is within the remit of the court to reduce the charge to careless driving.

Judge Cody replied: “If I am persuaded, but I'm not quite persuaded yet.”

When Mr Parkes said his client was prepared to make a contribution to the court of €5,000 the judge said that in a different case last year the contribution was €20,000.

Mr Parkes said the circumstances in that case were “very exceptional” and in this case his client was a company employee for whom driving was “his only outlet”.

He did not drink, did not do anything other than work and always had “good cars” but on this occasion he got carried away.

READ:

https://www.offalyexpress.ie/news/tullamore-tribune/1041783/man-who-drove-at-astronomical-speed-will-pay-enormous-sum-to-fund-offaly-team-s-world-cup-trip.html

Judge Cody suggested that if a contribution of €10,000 was made, which would be donated to the Midlands Hospice project, he would reduce the charge to careless driving provided there had been no previous convictions. “I won't make any promises if there are.”

Mr Parkes then said he had to disclose to the court that there were some previous court convictions which had come about because fixed charge penalty notices had not been paid on time.

Garda McGee said the three speeding convictions dated from 2018, 2014 and 2008.

Judge Cody said he would reduce the charge but would not make any promises in relation to whether or not he would impose a disqualification.

“With three previous convictions he's not learning his lesson,” said the judge.

He gave Mr Parkes time to seek further instructions from his client and when the case was called again later the solicitor said that in addition to making the charitable contribution the judge had suggested, Mr Jennings was prepared to undertake a driving course.

“We're a little bit beyond that now with three previous speeding offences,” replied Judge Cody.

He said the speed was 63kph over the limit which was equivalent to about 185kph on a motorway.

He would be proceeding with a disqualification upon conviction but gave the accused the option of having the matter heard by a different judge if he wished.

Mr Parkes said his client would agree to a hearing and it was scheduled for May 28 next in Portlaoise District Court.