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High Court dismisses judicial review proceedings, finding that: (a) the applicant had not been compelled to take the step of paying the fixed charge and incurring the penalty points that led to his automatic disqualification from driving, and could have exercised his right to have a trial in due course of law in the District Court; (b) the applicant had no right, in the alternative, to challenge the allegation that he had been speeding in an out-of-court process; and (c) the applicant had been treated exactly as all other motorists in his category are treated under the relevant legislation.
Application for order of certiorari quashing endorsement of three penalty points and disqualification of applicant from driving for 6 months - applicant also seeking declaration that s. 37 of the Road Traffic Act 2010 repugnant to Articles 38.1 and 40 of the Constitution - applicant stopped by member of An Garda Síochána for speeding - applicant received fixed charge notice and paid €80 rather than contesting charge - added to previous points this led to automatic disqualification - whether s. 37 was unconstitutional in failing to afford applicant a right to appeal the fixed charge notice outside of the criminal courts and without the risk of higher penalties if the conflict were resolved against him - whether applicant had been discriminated against, where he had been treated less favourably than certain categories of person who would qualify for cancellation of a fixed charge notice under extra-statutory scheme operated by An Garda Síochána.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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