Element of 'double jeopardy' sees Longford prosecution dismissed

A driver who paid a fine and received penalty points for driving without consideration for other road users avoided further punishment when a charge against him was dismissed at Longford District Court.

Conor Heaney (25) of Lisnageeragh, Edgeworthstown, Longford was stopped for driving with tinted windscreen, driver and passenger windows on May 17 2024 at Schoolands, Ballinalee, Longford.

The defendant's prosecution was related to a breach of the requirements in the construction, equipment and use of vehicles while being used on public roads and public places.

READ NEXT: Carole Cadwalladr unveils the dark side of social media information gathering at Longford festival

The Regulations also prescribe conditions on the use of vehicles and their equipment and the duties of drivers and passengers.
Garda Aidan Lenehan told the court he stopped Mr Heaney's Transit Van at 10:45am on the date of the offence.

The officer spoke to the driver before examining the windows on drivers and passenger windows to ensure it was fully transparent and free from inessential stickers.

Garda Lenehan used the Tintman device that analyses, using lazes, the transparency of the glass.

READ NEXT: Major Longford event will see Adrian Weckler discuss AI as a tool for business

The reading returned an average of 31.5%, with the legal limit being 65%. The officer told the court the stickers were not taken off at the time.

A fixed charge penalty notice was issued for driving without consideration for other road users, and Mr Heaney paid this fine.

Gda Lenehan said the District Court prosecution was for a different offence to the FCPN.

Solicitor Frank Gearty said although no other road uses were inconvenienced by his client's driving Mr Heaney had “paid the ticket in good faith”.

“Conor has suffered penalty points and subsequently took down the stickers,” Mr Gearty said.

Having reviewed the submissions Judge Owens accepted there was an element of “double jeopardy” where the defendant was being convicted twice for the same offence.

The judge dismissed the prosecution.