In a judgement that is expected to have a widespread impact, High Court Judge Ms Justice Una Ni Raifeartaigh has ruled that a section of the Road Traffic Act concerning fixed-charge notices is unconstitutional.
The relevant legislation prevented a man from arguing, as a defence to a charge of holding a mobile phone while driving, that he was not served with a first fixed-charge notice.
Section 44.10 of the Road Traffic Act 2010 (as amended by section 27 of the Road Traffic Act 2016) did not distinguish between those who chose not to pay a first fixed-charge notice, and those who genuinely did not receive it, stated the High Court Judge.
Ms Justice Una Ni Raifeartaigh was thus prepared to quash the conviction and grant a declaration that the section was unconstitutional.
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