The accused's barrister said his client accepts he was driving at ‘an inordinate speed’
A MOTORIST drove through the Limerick Tunnel at more than twice the speed limit, Kilmallock Court heard.
Marcus McCarthy, aged 25, of Ritaville, Georgian Village, Old Cork Road pleaded not guilty to dangerous driving.
Garda Patrick Melody said he was operating a speed check on traffic going through the tunnel on May 9, 2023.
“At 6.35pm I detected a vehicle driven by the accused travelling at 163kms in an 80km zone. Traffic was busy. He was overtaking vehicles in the tunnel,” said Garda Melody.
Judge Harney asked the garda was he entitled to be overtaking and what day of the week it was? Garda Melody said he was entitled to overtake and it was a Tuesday.
Conn McMahon BL, who represented Mr McCarthy, asked the garda if it was a busy time of day?
“Yes. Every day between 5.30pm to 7.30pm it is busy,” said Garda Melody.
Mr McMahon said his client accepts he was driving at “an inordinate speed”.
“It was extremely careless,” said Mr McMahon, who asked Judge Patrica Harney to reduce the charge from dangerous driving to careless driving.
Mr McMahon said there was no accident or injury caused to any member of the public.
Judge Harney said the garda gave very fair evidence. She said the speed that Mr McCarthy was travelling at was of grave concern.
“There are two lanes. I am satisfied there was nothing wrong with the car - a Volkswagen Passat is a strong car. There was no evidence of overtaking on a single white line or driving on the wrong side of the road or other general components of a dangerous driving charge,” said Judge Harney, who reduced the charge to careless driving.
Mr McMahon said Mr McCarthy has undertaken a construction course and has multiple opportunities open to him. The barrister stressed the importance of Mr McCarthy’s driving licence to him.
Judge Harney imposed a €500 fine.
“He has had a lucky escape. Next time he is passing through the tunnel he might observe the speed limit,” said Judge Harney.
“I think so,” said Mr McMahon.
Subscribe or register today to discover more from DonegalLive.ie
Buy the e-paper of the Donegal Democrat, Donegal People's Press, Donegal Post and Inish Times here for instant access to Donegal's premier news titles.
Keep up with the latest news from Donegal with our daily newsletter featuring the most important stories of the day delivered to your inbox every evening at 5pm.