This article is from page 6 of the 2007-03-20 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 6 JPG
A YOUNG man who is accused of driving a noisy sportscar is to bring his car and a mechanic to court, to prove that the noise is not excessive.
Jason O’ Toole, of Drumline, New- market-on-Fergus, appeared before Ennis District Court on Friday, ac- cused of not having an exhaust si- lencer fitted to his Honda Prelude car, at Station Road, Ennis, on August 20 last year.
Garda Cyril Daniels of the Clare Traffic Corps told the court that he stopped the accused on the morning in question. “In my opinion, it was not fitted with an exhaust silencer,” he said.
Mr O’ Toole, who represented him- Self in court, said the car’s exhaust system conformed to Honda stand- ards. He said he later brought the car
to Shannon and Henry Street Garda Stations and the gardai who inspect- ed the car expressed views that the noise was not excessive.
“TI didn’t see any reason to change the exhaust system. That is the stand- ard for a Honda Prelude,” he said. “There was nothing malfunctioning with the exhaust. It is in no way ex- cessive,” he said.
He said he would accept the noise level of his car would be louder than a Ford Mondeo or Ford Focus but added, *““The manufacturers make the cars these ways.”
He told the court that he had carried out research on the matter and had been told that the issue of exceed- ing the decibel limit – 80 decibels – was purely on the basis of opinion. There was no means of carrying out a mechanical test. ““There is no way my car is over 80 decibels. I have re-
searched this,” he said.
Inspector Kevin Moynihan, pros- ecuting, told the court the defendant could call a mechanic to give evi- dence, in his defence. He said that the legislation stated that the opinion of a garda in a given case was relevant.
“The defendant has admitted the noise iS more excessive than any normal car. On the day, Garda Dan- iels was of the opinion the noise was excessive. It is up to you to decide, on the evidence before you,” said Inspector Moynihan to Judge Joseph Mangan.
The judge asked the defendant, “Would you bring the Honda me- chanic to court? … Would you bring the car to court?” and the accused replied, “Yes,” after he had told the court the car was at home.
The judge adjourned the case for a peeKeyeleee