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 - Fri, Oct 19, 2007

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Check below to read Court Stories

Total Stories: 30          Published: Wed, Sep 26, 2007



Driver turned to check on children

A 41-year-old Enniskillen woman faces a £150 fine and has had three penalty points endorsed on her licence for careless driving following a recent sitting of Fermanagh Magistrate's Court.

Resident Magistrate Bonita Boyd heard how on the 21st May this year, Diane Rose Traynor from Scaffog Park was driving a silver Vauxhall car along the Sligo Road, Enniskillen when she was involved in a minor road traffic collision with the injured party who was travelling in the same direction.

The defendant, the Court heard, was driving behind the injured party when she turned to check on her children. When she turned back, the driver in front had stopped and the collision occurred. The injured party complained of a sore head. The defendant told Police she didn't see any indicator or brake lights.

Defending, Traynor's solicitor said she had two young children in the back of the car at the time of the accident. One of children screamed and she subsequently turned around to check on them. In that time, the car in front braked and the collision occurred thereafter. The solicitor asked the Magistrate to consider Traynor's clear record and early plea and to consider the offence before the court as a lapse in concentration. Ms Boyd said she would consider the offence as a momentary lapse in concentration and would take into account Traynor's 20 year driving record. For the offence of careless driving, she imposed a £150 fine and three penalty points.

'R' driver clocked doing 90mph

A 21-year-old restricted driver who was caught driving at 90mph faces a £200 fine and has had five penalty points endorsed on his licence following a recent sitting of Fermanagh Magistrate's Court.

Resident Magistrate Bonita Boyd heard how on the 29th June this year, Police followed a silver Vauxhall Astra with an 'R' plate displayed on the back of it travelling in the direction of Irvinestown. The vehicle was observed accelerating aggressively and, when followed was detected travelling at 90 miles per hour on the Mossfield Road, Ballinamallard.

Its driver was followed for approximately half an hour. Police signalled for the vehicle to stop and when it did so, it was noted that the driver, the defendant, Kevin Patrick McLaughlin from Tummery Cotts, Omagh was a restricted driver who was limited to a speed of 45 miles per hour.

Defending, Aisling Montague told the Court that the stretch of road in which the defendant was speeding was 60 mile zone. Her client was an 'R' driver and a 21-year-old plumber who at the time in question was leaving his girlfriend to work.

Her instructions were that his girlfriend was already late and, as a result, this was his reason for the unfortunate speed. She said he had never been in trouble before. She said his licence was essential to him. He had just bought a home in Enniskillen with his girlfriend.

She asked the Magistrate to consider the minimum disqualification rather than impose penalty points. Her client had learned his lesson and was present in court, something that showed how serious he considered the offence.

Ms Boyd said it was a very fast speed and that McLaughlin was a restricted driver. For the speeding offence she imposed a £200 fine and five penalty points.

Driver was waiting for his birthday to get cheaper insurance

A 35-year-old Newtownbutler man faces a £580 fine and has had six penalty points endorsed on his licence for a number of motoring offences following a recent sitting of Fermanagh Magistrates Court.

Resident Magistrate Bonita Boyd heard how at approximately 12.30 on the 9th November last year, Trevor William Alexander McAuley from Magheraveely Road was driving a Rover vehicle along the Cavan Road, Newtownbutler when he was detected by police driving at 49mph in a 30mph speed limit. He was later found to be driving without insurance. In response he said 'I was waiting until I was 35, I was going to be legitimate'.

Defending, Garry Smyth told the Court that it was a provisional licence he was handing in but that his client had passed his test in August, 2006.

At the time in question, McAuley was leaving Newtownbutler and was coming out of the 30 mile zone heading countryward. No other driver he said, was inconvenienced by his speed. He said McAuley's birthday was coming up and he was going to apply for insurance but was hoping that at a new older age, he would get a cheaper quote.

He accepted that this was foolish and he shouldn't have done it, Mr Smyth continued.

For driving without insurance, Ms Boyd ordered a £500 fine and six penalty points.

For speeding, she imposed a £80 fine.


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