I consider it exceptionally unfair that the judge has no discretion, and it may even be unconstitutional. I have asked this question before and not got a definitive answer.
The problem is that you have a right to have the case proven against you,.. but here the state is offering a clear disincentive to you doing that,.. by the threat of an increased penalty. In other words, the State isn't allowed to offer you incentives to plead guilty, yet here they do. (An increased penalty if going to court is exactly the same as an incentive to plead guilty and not have the case heard.)
While the purpose is to prevent the courts being filled with cases it is still unfair. There are legitimate reasons to go to court, and there shouldn't be an increased penalty if one does so.
In court the judge can only dismiss the case, or apply a penalty of double penalty points... it seems he cannot find guilty and not apply the extra unfair penalty points.
On another slightly related note.. in around 2006 to 2008 there were many speeding cases in court. Recent legislation had required that the speed detecting equipment produce a paper printout showing the speed, .. that requirement was there in black and white. The Garda didn't have suitable equipment and no paper printouts were produced.
The DPP, supposedly independent, and only interested in the question of whether the state has the required evidence to successfully prosecute the case in court,.. the DPP allowed thousands of cases, or tens of thousands to go forward, knowing full well that the State could not successfully prosecute those cases.
Can someone explain how that wasn't a massive mistake from the DPP... none of those cases should have gone ahead on grounds of insufficient evidence,. (I.E. the State couldn't meet the minimum evidential requirements, so no defense would be required in court,.. the prosecution would be null and void. Yet some prosecutions were successful.)
We hear all the time of the DPP not prosecuting criminals because of a lack of evidence, but he is prepared to prosecute thousands of ordinary Joe Soaps knowing full well that the required evidence doesn't exist.