A woman had a disqualification from driving struck out hours after getting it at Ballyhaunis District Court this week.
Rose McDonagh with addresses at 45 Tooraree, Ballyhaunis, and 40 West View, Cloonfad, Co Roscommon, did not appear in court to face five charges arising out of two incidents that occurred on October 30 2007 and April 16 2008. Prosecuting Garda David Donnelly, giving evidence to the court stated, that on October 30 2007 he was on patrol in Main Street, Ballyhaunis, and saw a car owned by McDonagh double parked blocking off one lane of traffic, he issued a fixed penalty charge which was not paid.
The second incident occurred at 2.37pm on April 16 2008 when he was parked in a patrol car in the town and saw a red car pass him by and pull up down the street. He noticed that the driver was not wearing a seat belt and when he approached the car there was three passengers who, in his opinion, were under 17 years of age in the car who also were not wearing seat belts. He issued a fixed penalty notice for all the people who were not wearing seat belts.
When questioned by Judge Mary Devins how he knew that all the passengers were under 17 years of age he told the judge that all the children were in his opinion under 10 years of age.
Judge Devins told the court that “driving with children who are not wearing a seatbelt is a very serious offence. She convicted and fined McDonagh €100 for the double parking offence. For driving without a seatbelt and having passengers under 17 in the car who were not wearing seat belts she convicted and fined McDonagh €100 and disqualified her from driving for three months for the first child under 17. For the second child under 17 without a seatbelt she convicted and fined McDonagh €100 and disqualified her from driving for three months concurrent. Judge Devins took the fourth charge into consideration.
Before the close of business McDonagh appeared in the court and told Judge Devins that she had not known that the children in the car were not wearing seat belts because she presumed that they were. She said all her children are teenagers. When it was put to her that in Garda Donnelly’s evidence he said all the children were under 10 years of age, she admitted it was possible that it was not her own children who were in the car at the time of the offence. Judge Devins struck out the disqualification orders and increased the fine for not wearing seat belts to €250 for one of the convictions.
