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no conviction Heart surgeon (60) caught on M50 was holding mobile while driving

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Michael Tolan, Sandford Road, Ranelagh, holding phone while driving

Michael Tolan, Sandford Road, Ranelagh, holding phone while driving

Michael Tolan, Sandford Road, Ranelagh, holding phone while driving

A HEART surgeon who was caught by gardaí holding a mobile phone while driving on the M50 has been left without a conviction.

Michael Tolan (60) made a €150 donation to counselling charity Family Life Services and Judge Dermot Dempsey struck out the summons.

The accused, with an address at Sandford Road in Ranelagh, admitted holding a mobile phone while driving on the M50 near Finglas on May 24, 2020.

Sergeant Terri Ferguson told Swords District Court that Garda Tiberiu Badiceanu was on patrol at 5.16pm when he spotted the driver of a grey Audi car driving northbound and holding a mobile phone.

Sgt Ferguson said that Gda Badiceanu issued a fixed charge penalty notice but the fine was unpaid and a summons was subsequently issued.

Defence lawyer Deirdre Flannery said Dr Tolan did not receive the fixed charge penalty notice.

The case was previously listed for hearing at Swords court on a date before Christmas but at the time Ms Flannery handed a letter into the court, saying Dr Tolan was unable to attend due to work commitments.

Ms Flannery said her client was a surgeon and due to a schedule change he was unable to get off work and attend court.

At the time Judge Dempsey agreed to adjourn the case to a date in January.

When the matter came before him again, the judge said he would leave Dr Tolan without a conviction.

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