A man who told Naas District Court that the speed operator must have recorded a different car speeding has got the benefit of the Probation Act.
Hugh Mooney, with an address at Clyde Lane, Ballsbridge, was prosecuted for speeding on the N7 at Greenhills, Kill on March 29 2016.
He appeared at the Thursday, June 22, sitting of the court and Judge Desmond Zaidan was told by the Go Safe official that he was recorded as travelling at 114 kph in the 100kph zone, and the records would show that the calibration certificate would show that the speed check machine was maintained in accordance with the rules.
But Mr Mooney told the court that he was at the point where the road changes from a 120kph to a 100kph zone.
He said he you hit three lanes at 100kph and he was in the middle lane.
He told the court that he was travelling at 100kph (in his 2004 registered Mercedes Benz) and that two cars were passing him at the time. “The speed (recorded) is from cars passing me out,” said Mr Mooney.
Judge Desmond Zaidan asked if it is possible for cars to be mistakenly identified. “I have asked this question before,” said the judge.
The Go Safe official told the court from the witness box that the technology pinpoints the actual car.
Mr Mooney said that he had been told that it can make mistakes and pick up the wrong car.
Mr Mooney, who said he was 72 years old, said he had been told by Gatso people, that mistakes could be made. The Go Safe officials said Go Safe did not use Gatso.
Mr Mooney continued: “I am convinced I was doing 100kph.”
Judge Zaidan asked him if his speedometer measured miles or kilometers. Both replied, Mr Mooney.
Judge Zaidan said he had raised the question before and was told that the chances of an error were “so so remote.”
He told Mr Mooney he had no doubt his car was doing 114 kph but because of his personal circumstances and age he said he would apply Probation Act so that Mr Mooney could keep a clean slate.