Oisin’s driving offence case concludes with a favourable outcome
3 minute read
Our client was ordered to produce his licence within 7 days.
During a Covid-19 lockdown, Oisin was detected driving in excess of the permitted speed limit on a County Tyrone country road. He did not have his driving licence with him at the time. He was ordered by the Police Service of Northern Ireland (PSNI) to produce his licence to the local police station within 7 days so that a fixed penalty could be issued. Oisin contacted McCartan Turkington Breen and enjoyed the benefit of a free initial discussion with criminal defence specialist, James Fay. Oisin was advised by James who then proceeded to visit the police station intent on producing his licence, as ordered, so that penalty points could be added to it.
The PSNI would not allow Oisin to produce his licence
Surprisingly, the PSNI would not permit members of the public to enter the police station due to the pandemic. Oisin returned home and relayed what had happened back to James. The advice given was to return to the police station and to try again, but this time to record the name of whoever he spoke with if they refused him access to surrender his licence. Oisin returned to the police station and was again refused entry. He followed up several times to no avail. Left without options, James attempted to contact the police officer who had detected the driving at excess speed but was unsuccessful.
Oisin received a court summons
Matters went silent for a number of months and Oisin received a summons to attend court to answer charges for speeding and having no licence. Oisin instructed James to attend court and deal with the matter on his behalf. Two court appearances before the local magistrate were required. Representations were made before the Judge and to the Public Prosecutions Service Northern Ireland (PPS) regarding the case. James highlighted Oisin’s and his own efforts to deal with the matter long before summons were issued. After due consideration, the PPS agreed to withdraw the charges and the matter was concluded before the court with no charges against Oisin.
The PPS informed the Fixed Penalty Office of this decision and once again, matters went silent.