Judge says four points is disproportionate for a few kph over the limit

A Donegal judge has said that four penalty points for a few kilometres over the speed limit would be disproportionate punishment.

Judge Kevin Kilrane permitted two defendants who were travelling at 109 and 111 kilometres per hour at the same 100 km/h Road Safety Authority checkpoint to make charity payments of €100 each to the Donegal Hospice.

The judge's ruling means the case was struck out and the motorists don’t have formal convictions and avoid having penalty points placed on their driving licence.

A third motorist, who didn’t appear in court and wasn’t represented, and was travelling at 109 kilometres was convicted and fined €100. That means four points will be added to his licence.

Judge Kilrane said at Donegal District Court that unless there was something more serious in the driving he believed a four-points penalty for anything less than 10 kilometres over the 100 kilometre
limit was “disproportionate punishment.”

When motorists receive a speeding notice in the post they are usually fined a standard €80 and have two points added to their licence.

If they fail to pay and the case goes to court the fines can be increased and four points are automatically added on conviction.