A motorist issued with 52 fixed-charge penalty notices (FCPNs) for alleged driving offences has had a fine doubled and her penalty points upheld after claiming on four occasions she did not receive the documents.
Ennis Circuit Court on Tuesday heard this was Sarah Jane McInerney’s fourth time in court since 2022 to give sworn evidence in different cases to say she did not receive FCPNs in the post for alleged driving offences.
On the previous three occasions, judges struck out the driving prosecutions and any resulting penalty points against McInerney (29) based on her sworn evidence she did not receive the FCPNs.
Judge Francis Comerford told the Shannon care assistant: “I don’t believe a word you are saying”.
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His remark came after she said she did not receive a notice in the post for holding a mobile phone while driving her car on the R471 at Tullyvarraga, Shannon, Co Clare, on April 21st last year.
State Solicitor for Clare, Aisling Casey asked McInerney how many times she had come to Ennis courthouse before to tell judges she had not received FCPNs for driving offences.
McInerney replied: “I am not sure to be honest.”
Casey said it had been three times.
She told McInerney this excuse “has run out”.
“The postal service is not that bad,” Casey said.
McInerney said all 48 houses in her Inbhear na Sionna estate in Shannon “are all identical” and her house has no number on it.
She said there had been mix-ups in the post in her estate when she had received post addressed to neighbours.
McInerney told the court she had no penalty points.
Casey told the court McInerney had been issued with a total of 52 FCPNs in the post arising from alleged driving offences.
McInerney was before the court appealing a €300 District Court fine for holding a mobile phone while driving.
The judge affirmed the order of the District Court and doubled the fine to €600, saying the penalty points applied.
“I just can’t regard her as a credible witness at this point,” he said.
The judge added: “This case shows people why the FCPN system isn’t good, because people can take gross advantage of it, and I am satisfied that Sarah Jane McInerney is taking gross advantage of the system.
“The system works by and large because the vast majority of people are honest when they receive their penalty notice.”
In evidence, Garda Michael Daniels said McInerney was “a bit irate” when he stopped her on April 21st last year.
“She told me I should have better things to be doing on a bank holiday and she should be entitled to answer her phone,” he said. “She said I should be instead stopping drug dealers.”
In an exchange in court with Casey, McInerney said it was a “bit inconvenient for me to be even be here today … I don’t want to be coming to court”.
McInerney said she should be at work.
