Mother told Carlow court that she was driving car and not daughter
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A WOMAN was convicted of speeding at Carlow District Court after a judge ruled that she had failed in her legal obligation to nominate an alternative driver within the prescribed time period, despite her mother taking to the witness stand to insist that it was she who had been behind the wheel on the day in question.
Mary Mooney, whose address was listed as Milehouse, Enniscorthy, but who confirmed in evidence that she resides in Waterford, was charged with driving over the legal speed limit at Graiguenaspiddoge, Carlow on 17 June 2025.
The court heard that at 2.44pm on the date in question, a motor vehicle was recorded travelling at 116kph in a 100kph zone by a static speed camera.
A fixed-charge notice was subsequently issued but was not paid, leading to the matter coming before the court.
Defence solicitor Chris Hogan established in cross-examination that both the fixed-charge notice and the summons had been posted to an address in Enniscorthy, not to Ms Mooney’s home in Waterford.
Brigid Mooney, mother of the accused, was then called to give evidence and told the court that it was she and not her daughter Mary who had been driving the vehicle on the date in question. She stated that she had been travelling, together with Mary, from her home in Enniscorthy to a wake in Celbridge, Co Kildare.
Mr Hogan confirmed with the witness that she held a valid insurance policy to drive the vehicle and the policy was handed to the court. Brigid Mooney has no road traffic convictions.
Under questioning by Insp David Shore, Brigid Mooney confirmed that a woman had called to her door and personally handed her the fixed-charge notice. She told the court that she had become confused and shocked upon receiving it and that the family had been going through an extremely difficult time due to a bereavement. She said she had passed the documentation to her solicitor in order to help her family.
Giving evidence, Mary Mooney told the court that she had not been driving on the date in question, as she had been traumatised following the death of her close friend and was unable to drive as a result.
Mr Hogan asked Mary Mooney where she lived, which she confirmed was in Waterford, and he put it to his client that it would be fair to say that she and her family were not particularly familiar with legal and administrative processes, to which she agreed.
Insp Shore put it to Mary Mooney that it was, in fact, she who had been driving. Insp Shore also noted that the certificate of insurance handed to the court did not correspond with the date of the offence.
Ms Mooney stated that this was a new policy and that she was unsure of what happened to the previous policy. She also told the court that post delivered to her address could sometimes be confused with items left at the front door.
Judge Geraldine Carthy noted that it is the legal responsibility of the accused to nominate an alternative driver within the prescribed period and that failure to do so renders the accused responsible for the offence.
Judge Carthy fined Ms Mooney €200, with 90 days to pay.
Mr Hogan applied to have recognisance fixed, which Judge Carthy granted, imposing a €500 own bond.
