Offaly man convicted of speeding in February found guilty again last week

A KILCORMAC man who was convicted of speeding at Tullamore District Court in February was back in the same court last week for a similar offence and was convicted again.

Judge John King fined Dean Guinan (24), 35 St Cormac's Park, Kilcormac €350 after hearing that a garda had recorded the driver travelling at 71kph in a 50kph zone on the Ballycumber Road, Clara on June 6, 2021.

Garda Pat McGee told the court he was using his mobility device at 6.29pm on that date when he was performing a speed check.

When he detected a vehicle travelling at 71kph he stopped it and the driver gave his name as Dean Guinan. Garda McGee said he showed Mr Guinan the speed gun and heard the driver claim it showed the speed of another car that had been stopped.

Garda said: "I don't pull somebody in and make up the speed of the vehicle."

Jack Sreenan, BL, for Mr Guinan, put it to Garda McGee that Mr Guinan would say he was well below the speed limit and the speed referred to by the guard could have been due to an error, be it human or mechanical.

Garda McGee said he was using new laser equipment which when pointed at the vehicle gives the speed of that vehicle.

The speed is shown on a screen and when he detected the vehicle he pulled it in and got its registration number.

Garda McGee agreed with Judge King that there was no printout of the speed and when Mr Sreenan again put it to him that there was a possibility for human error, the garda said he had many years of experience in traffic and was trained in how to use the device.

He said he inputs to the device the people he detects speeding.

“I don't pull somebody in and make up the speed of the vehicle,” he said and clarified that the vehicle he pointed the laser at was the same one he “pulled in”.

In his evidence, Dean Guinan said he was not “doing the speed he said I was” and added: “There's an ongoing issue there the whole time.”

Garda McGee said he would dispute that evidence.

Mr Guinan said that “100%” he was driving “under the 50”.

The driver also denied saying to Garda McGee that the officer had detected another car and added that he would have no problem taking the penalty points if he had been doing the speed alleged.

Cross examined by Sergeant James O'Sullivan, Mr Guinan said it was not his car that was driving at 71kph in a 50kph zone and also said Garda McGee had not shown him the speed gun.

Garda McGee told the court he had. “It's standard practice,” he said.

Judge King found Mr Guinan guilty of speeding and was told that he two previous convictions for careless driving dating from 2020 and 2018, both of which had been reduced from dangerous driving. He also had a public order conviction dating from 2019.

Mr Guinan told the court he was a full-time father who worked at home and minded his daughter who lived in Clara. He said he lived with his mother and was in receipt of €120 a week social welfare.

Judge King gave Mr Guinan six months to pay the fine and said he had to hand in his licence so the penalty points would follow. He also fixed recognisances for an appeal.

At the court hearing in February Mr Guinan was cleared of one speeding charge and convicted of another.

He had denied driving at more than 50kph in the built-up area at Ballycumber Road, Clashawaun, Clara on October 30, 2020 and also pleaded not guilty to committing a similar offence at Ballycumber Road, Clara on December 16, 2020.

A hearing before Judge Catherine Staines in relation to the December 16 offence took place first and Garda Jude Doyle said that at 9.08pm on that date he was operating a speed check at the Ballycumber Road when he recorded a white Volkswagen travelling at 82kph in a 50kph zone.

Asked if he had spoken to a Ms Guinan who was driving the car, Garda Doyle repeated that he had spoken to Dean Guinan and did not accept that he was mistaken about who was driving.

Linda Guinan said in evidence that she was driving the car on that date and her son was with her.

In his evidence, Dean Guinan said the guard's evidence was “completely wrong” and he was “getting harassed” all the time.

Asked by Judge Staines why his mother was driving, Mr Guinan said it was because she was a nervous passenger.

Judge Staines said there was clearly a conflict of evidence before the court and though she had “grave suspicions”, she had to give the benefit of the doubt to Mr Guinan and dismiss the prosecution.

The evidence for the prosecution in the offence on October 30, 2020 was given by Garda Declan Sheeran who said he saw a Volkswagen Jetta when he was in a patrol car being driven by Garda Eamon Carroll.

Garda Sheeran said the garda car was travelling at 80kph at Ballycumber Road when it was following the other car for two to three kilometres.

The other car was being driven at the same speed before it was stopped at 8.50pm. The driver was Dean Guinan and he said “something about having to collect something for a child”.

Cross examined by Ms Dooner, Garda Sheeran said he could see the speedometer in the garda car from where he was sitting in the passenger seat.

Dean Guinan told the court that he was on his way to Clara at the time to help his partner with a new baby and he denied travelling at the speed the gardai claimed he was.

Judge Staines said she was convicting Mr Guinan because she was satisfied with the evidence of Garda Sheeran about the speed the accused was driving at.

Judge Staines gave Mr Guinan four months to pay a €200 fine. She also fixed recognisances for an appeal.