Tuesday, December 08, 2020

A motorcyclist who was detected speeding 195kph an hour on the M9 appeared before Judge Geraldine Carthy last week.

Judge Carthy described the speed as “absolutely inexcusable” as she imposed a three month driving ban.

Daniel Curneen with an address at Clondalkin, Dublin had pleaded guilty to driving without due care and consideration at M9 Johnstown on 30 May last.

The defendant had been initially charged with dangerous driving but this had been reduced to careless driving.

Sergeant John Foley said at 7.55am the defendant detecting driving a Suzuki 500 motorcycle at 195kph in a 120kph.

The offence occurred during the first lockdown and the court was told Garda James Kearney asked the defendant what he was doing in Carlow when he stopped him.

“He wanted to go out for a spin. He had been in his house for a number of weeks,” said Sgt Foley.

Mr Curneen had 27 previous convictions including 26 for road traffic.

Defending solicitor Joe Farrell said his client realised the seriousness of the offence.

In mitigation, Mr Farrell said road conditions were good and bright on the day. The issue was the speed rather than an incident that involved other motorists, he added.

The defendant had subsequently sold the bike.

“He is not embarrassed, he realises the seriousness of it and sold the bike afterwards. He realised how lucky he is not to have killed himself or any one else.”

The court was told Mr Curneen was employed but required his license for work.

Judge Geraldine Carthy said the facts of the case were “simply inexcusable”.

“Not only did you put yourself at risk but other road users. This court cannot ignore that,” she said.

Judge Carthy imposed a three month driving ban and €750 fine.

Initially, Mr Farrell said his client would not be looking to appeal as the sentence as he had “done well” to only receive a three month ban.

However, it later emerged Mr Curneen’s employment contract required him to drive for a specified period and even a postponement for the maximum statutory period would put his job at risk.

As a result, Mr Farrell sought an appeal on the basis that the appeal would be dropped when this specified period had lapsed.

 

 

 

 

 

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