A judge dismissed a speeding case, detected by a laser speed gun, at Castleisland District Court, Kerry, yesterday and adjourned a number of others after hearing that copies of speeding notices had not reached the accused or the prosecuting garda.
Speeding offences detected by hand-held speed guns by gardaí are processed centrally by computer in Dublin and so-called "fixed charge notices" are sent to offenders containing details of the allegations and fines to be paid.
When fines are not paid summonses are issued to vehicle owners telling them to appear in court and on conviction extra penalty points are imposed, the court heard.
Ciaran Connell, Niland House, Merchant's Road, Galway, denied driving at 125km in a 100km zone on April 18th last at Dooneen, Castleisland in Kerry.
Representing himself in court, Mr Connell told Judge James O'Connor he had been stuck behind a queue of cars going uphill at the time of the alleged offence and could not have been doing more than 100km an hour.
He felt his car had been confused with another car, identical in shape and style, which passed at speed on an inside lane.
Mr Connell said he had changed addresses in July but had not received any notice of the charge at his old or at his new address in Cork where all his mail had been re-directed.
The only documentation he received was a summons to appear in court yesterday.
Judge O'Connor said not receiving the notice meant he had no chance to pay the fine and incur two penalty points instead of four when appearing in court.
He dismissed the charge.