Louth lorry driver claims tachograph showed he wasn’t speeding as judge records conviction

By Francis Carroll, The Drogheda Independent

A lorry driver has told Drogheda Court that he was “shocked and very surprised” when a Garda showed him a speed gun which indicated that he had been travelling above the limit.

Martin Patrick Moynagh (24), Cluide, Dunleer, contested a summons for dangerous driving on the R132 Killineer last year.

Evidence was given that he was travelling at 115kmh in an articulated lorry transporting stone. The limit on this road is 80kmh for HGVs, 90kmh for buses and 100kmh for cars.

The defendant argued that the tachograph recorded that he didn’t exceed 90kmh that day.

However, Judge Nicola Andrews said she was satisfied that the 115kmh speed was established and that Mr Moynagh saw it on the speed gun.

This came solely down to speed and taking into consideration all matters, the court reduced the summons to careless driving. A €500 fine was imposed.

Gda Drew Morgan said that at 9.55am on November 21, 2024, he detected a Scania driving at 115kmh. Traffic was medium to high and the weather conditions were good.

He took a cautioned voluntary statement from the driver who said that he didn’t think he was much over the limit, adding he was surprised at the speed.

There were 29.42 tonnes of stone in the back of the lorry, within weight restrictions.

Cross-examined by barrister Ronan O’Carroll, instructed by solicitor Paul Moore, Gda Morgan said he was relying on the speed gun. He witnessed the reading on the screen and showed it to the accused. The device doesn’t provide a print-off.

Mr O’Carroll said that the court was being asked to convict on hearsay evidence.

“We don’t have a copy of that reading. We have a tachograph reading showing at no point did the lorry travel in excess of 100kmh.”

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Judge Andrews said that there was a case to answer.

Martin Patrick Moynagh testified that he was driving at 80kmh. He was keeping his foot on the brake and checking the speedometer.

"I was shocked and very surprised when shown the speed camera.”

He continued that he printed out the tachograph. The Garda was on a phone call for some time. He “seemed not sure”.

Mr Moynagh said that he was trained in tachograph use. It had been calibrated on April 9, 2024. He didn’t exceed 90kmh that day.

Cross-examined by court presenter Sgt John O’Hehir, the witness said that Gda Morgan pulled open the lorry door “in an aggressive manner”.

"He put the speed gun in my face and said ‘look at that’. It said 115kmh.”

Mr O’Carroll argued that there was a doubt about what speed Mr Moynagh was travelling at.

Sgt O’Hehir said that the defendant was shown the reading.

Bail in the event of an appeal was set at a personal bond of €500 with €500 cash lodged.