Courts / Dublin / Report

Potentially important test case on penalty points comes before High Court

Date
2014-12-15

Stage
Sentence

Primary locality
Dublin

County
Dublin

Summary

A motorist, Kim Nugent, 30, has filed a High Court action to have the six penalty points she received for two speeding offences on the M6 motorway on 6 August 2014 quashed. Nugent, a hairdresser from Athlone, was driving to and from Dublin when she was stopped twice by the Gardai for exceeding the 120km/h limit near Fardrum, Moate. She already had six points on her licence, so the additional six brought her total to 12, triggering a six‑month disqualification and the surrender of her licence. Nugent's counsel, Michéal Ó Higgins SC, argues that a technical loophole in the penalty‑point legislation renders the points and the resulting disqualification null and void. She seeks orders quashing the endorsement of the points, the disqualification, and a declaration that the endorsement is void. Mr Justice Seamus Noonan granted ex‑parte permission, staying the points and setting a return date in January.