Summons alleging Offaly motorway driver held mobile phone dismissed
No evidence fixed charge notice was posted to accused
A SUMMONS which alleged a man drove while holding a mobile phone was dismissed at Tullamore District Court.
Gearoid Kennedy (29), Ballygrennan, Croom, Limerick, was summonsed for having no licence, holding the phone on the M7 motorway at Cullenwaine in Offaly on June 29, 2023, and failing to produce a licence.
Garda Peter T Kennedy, Templemore, gave evidence of stopping the accused and said a fixed charge notice in relation to the mobile phone was unpaid.
Defending solicitor Patrick Martin told Judge Andrew Cody that no evidence in relation to the fixed charge notice had been handed into the court.
Sergeant Richard Thornton, court presenter, said the notice had been issued to the man but Judge Andrew Cody dismissed that summons, saying there was no evidence the notice had been posted.
In relation to the driving licence, Garda Kennedy said he made a lawful demand for one.
Mr Martin said his client, a full-time lorry driver with his own truck, did not recall being asked for his licence.
Garda Kennedy said the man had previous convictions for a bald tyre and driving without insurance.
Judge Cody imposed a fine of €300 for the failure to produce a licence.
(Funded by the Courts Reporting Scheme)