A man who appeared in court for holding a mobile phone while driving was handed a fine after he claimed that Gardaí had sent a fixed charge penalty notice to the wrong address.
Eric Walsh (37) of Ballymountain, Carrigeen, Mooncoin, Co. Kilkenny, was before Judge Kevin Staunton at a sitting of Waterford District Court in February, charged with holding a mobile phone while driving, contrary to Section 3 (1) and (3) of the Road Traffic Act 2006.
The court heard that on 5 August 2025, Gardaí were on patrol at The Mall, Waterford, when they stopped a motorist after they observed him holding a mobile phone while driving.
The man, who was identified as the accused, admitted to Gardaí that he had dropped his phone and went to pick it up. It was noted that a fixed charge penalty notice that was sent to the accused subsequently went unpaid.
Acting for the defendant, solicitor Hilary Delahunty clarified that his client was not “rude or mean” to the Garda member who stopped him, and was overall co-operative. He asked for Judge Staunton to be shown the notebook entries of the Garda, as the accused had given two addresses after he was stopped.
Mr. Delahunty told the court that this was because at the time, the address on the accused’s licence was his parents’ house, which he no longer resides at. The solicitor said that his client had told the Garda not to send it there, but to send it to his new address, which is nearby. Mr. Delahunty queried whether the Garda had “got it wrong” and sent the fixed charge penalty notice to the incorrect address.
The defendant took the witness stand and told the court that his parents live in Ballymountain, but he lives in Aglish South, which is very close to them.
He told Judge Staunton: “I would’ve paid it [the fine] if I got it” and said that he recently changed his licence to show his new address.
He added that after he was asked where the fine should be sent to, he had told the Garda to send it to Aglish South.
Mr. Delahunty said his client is a working man, who gave “fair evidence” and “didn’t slip up.”
Judge Staunton decided to hand the accused a €500 fine for the offence, stating that he believed the evidence of the Garda rather than that of the defendant.
Funded by the Court Reporting Scheme
Robyn Power
