Accountant caught holding phone while driving claimed he never received penalty notice
An accountant caught holding a mobile phone while driving claimed he did not receive the penalty notice as otherwise he would have paid the fine, a court has heard.
Maurice Cregan was close to a penalty point disqualification and claimed he would have paid the fine immediately, as it would not have put him over the 12-point limit.
Judge Derek Cooney convicted and fined Cregan €300.
The defendant (62), of Station Road, Skerries, was spotted by gardaí holding a mobile phone while driving his BMW on the Malahide Road in Swords on July 20, 2023.
Garda Niamh Owens told Swords District Court she stopped Cregan and issued him with a fixed-charge penalty notice (FCPN), which went unpaid.
In his evidence, Cregan said he had no recollection of receiving the FCPN, and he would have paid it if he had received it.
Defence solicitor Bernard Stobie said his client was an accountant who had his own firm which employed 12 people.
Mr Stobie said a conviction would put Cregan over the penalty point limit and result in a six-month driving ban, which would severely impact on his business.
Fining Cregan, Judge Cooney said he did not accept his explanation. The judge said it was his understanding that people were sent a FCPN, then a reminder, and then a summons, and the fine could have been paid up until seven days after receipt of the summons.
The defendant immediately appealed the matter.
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