Thousands of prosecutions for speeding could be in doubt following a High Court decision today which found that the laser gun used by Gardaí to monitor speed does not comply with road traffic legislation because it does not produce a written or permanent record.
A High Court opinion was sought by District Judge Leo Malone following submissions made to him in a case in Carrick on Shannon District Court in Co Leitrim.
Motorist Frank Donlon from Ard na Cassa, Dublin Road, Longford was detected by laser gun travelling at 63 miles per hour in a forty mile zone.
Mr Donlon was stopped and handed a fixed charge fine of €80. He did not pay the fine and was summoned to appear at Shannon District Court.
Evan O'Dwyer, solicitor for Mr Donlon, argued that since the laser gun used by the Gardaí was incapable of producing a permanent record of the recorded speed it was incapable of complying with the provisions of the Road Traffic Act 2002.
When Judge Malone indicated he would dismiss the summons, the prosecuting Garda asked him to state a case to the High Court.
Today, the court was asked to give its opinion on two questions
Firstly, the court was asked if the laser gun, which does not produce a written or permanent record, meets the requirements of section 21(1) and (3) of the Road Traffic Act 2002. The High Court answered that it does not.
Also, the High Court was asked if the word 'record' contained in the relevant section of the act requires a formal permanent record from speed detection device to establish prime facie proof of the offence in accordance with Section 21. To this question the Court answered yes.
The High Court response to these questions could cast doubt on prosecutions for speeding offences in District Courts across the country.
