Nearly three dozen road traffic cases struck off

Nearly three dozen road traffic cases struck off

Nearly three dozen road traffic cases have been struck out following a High Court ruling on the constitutionality of the Road Traffic Acts.

Judge Patrick Durcan at Ennis District Court struck out 34 cases, 21 of which were over unpaid speeding fines.

It follows a recent ruling by Ms Justice Úna Ní Raifeartaigh that section 35.2 and section 44.10 of the Road Traffic Act 2010, as amended by section 27 of the Road Traffic Act 2016, are contradictory.

The judge said the legislation does not distinguish between motorists who have ignored an initial fixed charge notice and those who genuinely have not received it.

Judge Durcan criticised legislators for drawing up laws “in a confused fashion without a knowledge of the road traffic laws and without a knowledge of what they are doing”, the Irish Examiner reports.

He also said it would have been “a complete derogation of my duty and judicially irresponsible to allow these matters proceed in this case”.

The State has not yet indicated whether it will appeal the High Court ruling.

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