The motorist admitted driving above the speed limit on the N69 at Castlemungret but said he did not see the road sign FILE PICTURE
A MOTORIST who admitted driving above the speed limit on a busy road in County Limerick avoided a fine and penalty points on his licence after a judge threw out the case against him.
Giving evidence at Kilmallock Court, the man said there was “nothing I could do about it” as he did not see the road sign alerting drivers to the lower speed limit as it was “partly obscured by the hedge”.
Earlier, an operator with GoSafe told Judge Patricia Harney that he was operating a speed van on the N69 at Castlemungret, Mungret when he detected a vehicle travelling at 61km/h in a 50km/h zone.
The detection, he said, was recorded at 7.33pm on February 4, 2024.
A fixed charge penalty notice was issued and the court proceedings were initiated when it was not paid.
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Solicitor Ted McCarthy told the court his client was not disputing the facts as outlined but that he was contesting the matter.
The GoSafe operator agreed with Mr McCarthy that the detection was made “just beyond the 50km/h sign” and that there are also 80km/h and 60km/h zones along the same stretch of road.
In his direct evidence, the defendant said he had been travelling at 100km/h up to where the limit “reduces to 60km/h and rises to 80km/h within 50 yards”.
He told Judge Harney he had slowed down but that when he realised the limit had reduced further to 50km/h it was “too late” as the GoSafe van was “on the other side of the bend”.
He said he did not see the sign until he was entering the 50km/h zone as it was partially obscured by the ditch and that it was “too late” when he did see it.
The defendant said he immediately stopped and took photos of the sign and these were submitted to the judge to support his assertion.
Having viewed the photographs and having considered his evidence Judge Harrney said: “I have a doubt, dismiss”.
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