A motorist has begun a High Court action aimed at quashing six penalty points received after her car broke the speed limit on the main Dublin to Galway M6 motorway twice on the same day.
The test case has been taken by Kim Nugent, Sli an Aifrinn, Athlone, Co Westmeath, after she received two fixed charge notices having been stopped by gardai in respect of two offences of exceeding a 120km/h speed limit on August 6th 2014.
Both incidents occurred near Fardrum, Moate on the M6 motorway when Ms Nugent (30), a hairdresser, was going to and from Dublin, bringing a relative suffering from a very serious illness to hospital appointments.
Because she already had six points on her licence, the additional six points gave her a total of 12 points with the effect she was disqualified last October from driving for six months and required to surrender her driving licence.
In her action, Ms Nugent - represented by Michéal P Ó Higgins SC - argues a technical loophole in the laws governing penalty points means the six penalty points of August 6th, and subsequent disqualification, should be quashed.
The failure to properly commence certain relevant legislation of 2010 has the effect of rendering the endorsement and penalty points null annd void, it is submitted.
Counsel said the loophole has been accepted and in the coming days the Minister for Transport is to take steps to retrospectively correct the issue.
Ms Nugent's action is against the Minister for Transport, Tourism and Sport and the Road Safety Authority.
Permission to bring the case was granted on an ex parte basis by Mr Justice Seamus Noonan who put a stay on the penalty points from imposed on Ms Nugent's licence pending the outcome of her action. The matter has been returned to next month.