judge has concluded that a section of the Road Traffic Act concerning fixed charge notices is unconstitutional.
A number of District Court prosecutions have been on hold pending the High Court challenge by the man to his conviction, for which he received a €300 fine and five penalty points. Section 44.10 provides that a person who is served with a summons and a Section 44 notice in respect of a fixed charge offence cannot have a defence by demonstrating that the fixed charge notice was not served on them in accordance with section 35 of the same Act.
When outlining her conclusion on Tuesday, Ms Justice Ní Raifeartaigh noted the State took the position the word “serve” could be given two different meanings within the context of one Act. She was thus prepared to quash the conviction and grant a declaration that section was unconstitutional.
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