Killverry speeding camera fine struck out - Donegal News

Newtowncunningham man escapes speeding fine

A NEWTOWNCUNNINGHAM man has escaped a speeding fine after a case of mistaken delivery saw a fixed charge notice sent to his father, who shares the same name, at a nearby address.

Columba O’Donnell Junior, of Castruse, Newtowncunningham, appeared unrepresented before Judge Emile Daly at Letterkenny District Court on Monday in relation to an unpaid penalty notice for a speeding offence at Killyverry, Newtonwcunningham, on the evening of March 9, 2025.

The vehicle registered to Mr O’Donnell had been clocked travelling at 112 km/h in a 100 km/h zone at 5.49pm.

Judge Daly initially imposed a €300 fine with four months to pay for the failure to discharge the original fixed charge notice. However, the defendant then raised a critical issue that would ultimately see the case struck out entirely.

Mr O’Donnell told the court the notice had been delivered to his father, Columba O’Donnell Senior, who resides at a separate address in Castruse and shares his son’s name. By the time the younger O’Donnell became aware of the notice, the window to contest the penalty or nominate another driver had already closed.

He further told the court he could not say with certainty he had been driving at the time of the offence, as he was returning from a work project with a colleague.

Judge Daly noted that Mr O’Donnell held the right to nominate another driver but had been unable to exercise it in time.

Sergeant Jim Collins told the court he accepted there was an element of doubt over who the notice had been properly served upon. He said it was appropriate to strike out the matter.

Judge Daly said the State had looked on it favourably, agreed with Sergeant Collins, and the case was struck out.

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