Owner who lent car for test drive avoids speeding conviction
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A MAN whose car was clocked at 129kph in an 80kph zone had a speeding charge struck out, when the judge accepted his explanation that he had lent his car to a man interested in buying it.
James Keogh (51), Straboe, Killerig, Co Carlow pleaded not guilty at Athy District Court to one count of speeding on the R418 in Newtown, Castledermot, Co Kildare on 11 November last.
The operator of a roadside speed van gave evidence in court, which was uncontested.
Mr Keogh told Judge Desmond Zaidan: “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.”
Compelling the defendant into the witness box, the judge said he was not going to accept his version of events unless it was given under oath.
Mr Keogh said under oath: “He looked at it, showed me his driving licence and proof of insurance. 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.”
This requires the complainant to fill a formal certificate – called a nomination – with the details of the other driver.
Sergeant Dave Hanrahan said: “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.”
The judge asked the defendant: “You gave a name not indigenous to Ireland, and an address not in the state?”
Mr Keogh replied: “He lived in Spain, but his partner is from Carlow and they were looking at moving back.”
Judge Zaidan commented: “If you were in my shoes, you would have a raised eyebrow. I’m finding this difficult to accept.”
Mr Keogh said: “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.”
Turning to Sgt Hanrahan, the judge asked: “Up to you, sergeant. Shall I give him the benefit?”
Sgt Hanrahan paused a second before saying “Yes” and the judge struck out the charge.
