Man pleads guilty to speeding but denies he was on mobile phone

A MAN accused of speeding, and holding a mobile phone appeared at last week's Tullamore district court where he admitted to speeding but denied he was holding a mobile phone.

In his evidence to the court, Garda Ciaran Ryan of Tullamore Garda Station, said he was operating a speed check on Charleville Road, Tullamore at 10.40pm on March 25, 2023 when Daniel Gerard Plunkett (38) of 22, Ashley Court, Tullamore, was seen driving at a speed of 73 kilometres in what was a 50 kilometre zone.

Garda Ryan said Mr Plunkett was also holding a mobile phone. He said the accused pulled into the Fingerboard. Garda Ryan accompanied by another garda pulled up beside him and he said Mr Plunkett was still on his mobile phone.

A lawful demand was made for his insurance and Mr Plunkett nominated Tullamore Garda Station to produce the document.

Mr Plunkett paid his speeding ticket fine but the fine for holding a mobile phone was not paid.

He had one previous conviction for a road traffic offence dating back to 2010.

Questioning Garda Ryan, solicitor for the defendant Donal Farrelly said he had made no mention of the mobile phone to Mr Plunkett when he spoke to him at the Fingerboard.

Garda Ryan said he was 100% sure that Mr Plunkett had a mobile phone in his hand.

Taking to the witness stand Daniel Gerard Plunkett said when he was driving along the Charleville Road on the date in question he noticed the garda car pulled in off the road at the Charleville Castle entrance. He said he wondered what was going on in the castle.

He said he then noticed the blue lights in his rear view mirror and he pulled in at the Fingerboard. He said when he was told by Garda Ryan that he was doing 73 kilometres he said ''fair enough.''

He said he gave Garda Ryan his licence and he asked for insurance. He said he would produce it in Tullamore Garda Station. He said when he got the fine for the mobile phone he tried to contact Garda Ryan but he could never get him and then he said he received a few missed calls which he presumed were from Garda Ryan.

Mr Plunkett was adamant he was not on a mobile phone. He said I noticed where the gardai were parked but thought it was something to do with the castle and he thought ''what sort of an idiot am I. I didn't check my speed. I absolutely was not on my phone. If I saw the blue lights, why would I continue to talk on my mobile phone?'' he asked.

Judge Andrew Cody asked Mr Plunkett if he had any penalty points. Mr Plunkett said he did now because of this.

Solicitor Donal Farrelly said Mr Plunkett was an electrician and it would have been easy for him to pay the fine.

Judge Andrew Cody said the accused seemed like a man of reasonable intelligence and took note of his point that if he saw the blue lights why would he continue to talk on his phone.

He dismissed the summons for the mobile phone and fined him €200 on the insurance summons.