Carlow man who lent vehicle for test drive has speeding charge dismissed

A MAN whose car was clocked at 129kph in an 80 zone near Castledermot had his charge struck out when the judge accepted his excuse that he had lent his car to a man interested in buying it that day, and allowed the prosecuting sergeant the final decision.

Before Athy District Court this week to plead not guilty to the one count of speeding on the R418 in Newtown, Castledermot on 11 November last was 51-year-old James Keogh, Straboe, Killerig, Co Carlow.

The state’s position was given in evidence by the operator of a roadside speed van, and this was uncontested.

Standing in the body of the court, Mr Keogh told Judge Desmond Zaidan that “I wasn’t driving it. On the day in question, I was selling my car out the front of my house.

“This man came to test drive it, and once he showed his insurance, I let him,” said Mr Keogh.

“I’m not going to accept that version unless it’s given under oath,” said the judge, compelling the defendant into the witness box.

“He looked at it, showed me his driving licence and proof of insurance,” said Mr Keogh under oath.

“Then a few weeks later, I get this (fine) in the post, so I went to the garda station in Tullamore to get this sorted out,” he said.

Given Benefit

This requires the complainant to fill a formal certificate – called a nomination – with the details of the other driver.

“He did make a nomination to the FPN (fixed penalty notice) office, but it was not accepted without the address of the other driver or his licence number,” said Sergeant Dave Hanrahan.

“Forgive me, a botched job,” said the judge.

“You gave a name not indigenous to Ireland, and an address not in the state?” he noted.

“He lived in Spain, but his partner is from Carlow and they were looking at moving back,” said Mr Keogh.

“If you were in my shoes, you would have a raised eyebrow. I’m finding this difficult to accept,” said the judge.

“I just sat up here and swore an oath on the Bible and I gave all my information to the gardaí and the FPN people,” said Mr Keogh.

“Up to you, sergeant; shall I give him the benefit?” the judge asked of Sgt Hanrahan.

He paused but a second, before saying: “yes”, and so the judge struck out the charge.