Post-dating of fixed penalty driving offence notice was lawful, High Court rules

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Lawyer for man prosecuted for drink-driving had urged District Court to dismiss the case

Post-dating a driving offence fixed penalty notice with a date one day after it was sent out is lawful, the High Court has ruled.

His lawyer urged the District Court to dismiss the case on the basis that the one day post-dating of the notice sent to Mr Tuohy did not comply with the law.On Tuesday, Mr Justice Barrett found the post-dating involved did not breach the relevant statutory provisions or present an issue as regards the law more generally.

As this was at the lower end of the scale, it meant his prosecution could be dealt with by way of a fixed penalty notice whereby he was to pay a €400 fine and be automatically disqualified from driving for six months.

 

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