Summons?

guy27 · 02-09-2006 7:43pm #1

Hi
A Garda delivered a summons to me by calling to the house. Nothing on the back is signed and it seems like it should be. There were 3 of them, one for not wearing a seat belt, one for not showing nct and one for not having a front number plate. Whats the worst that can happen in court? Should I not be told on the spot that they would summons me or give me a ticket or asked me to show my driving licence at a station.

junkyard · 02-09-2006 7:50pm

You got a summons for not displaying an NCT cert? This is the first time I ever heard of this tbh. Did you not pay the fine in the first place or is this the first summons you got?

mike65 · 02-09-2006 7:51pm

I would have thought that they would have been dealt with by "on the spot" fines, no?

Mike.

Wishbone Ash · 02-09-2006 7:54pm

guy27 wrote:

A Garda delivered a summons to me by calling to the house

They must be hand delivered by a Garda - otherwise you could claim that you didn't receive it.

Wishbone Ash · 02-09-2006 7:58pm

mike65 wrote:

I would have thought that they would have been dealt with by "on the spot" fines, no?

Mike.

In my list of "Fixed Charges for Road Traffic Offences" there is no mention of failure to display NCT disc so perhaps it is not an on the spot fine offence. (I'm open to correction on this).

mike65 · 02-09-2006 7:59pm

A summons only follows failure to pay on the spot fines which are posted AFAIR. Some clarification by the OP would be good.

Mike.

guy27 · 02-09-2006 7:59pm

they didnt give me an on the spot fine or a ticket

Wishbone Ash · 02-09-2006 8:02pm

Was the car NCTed but not displayed or did it not have an NCT test carried out?

digweed · 02-09-2006 8:07pm

the bits on the back or for the gardai to fill out themselves before they send them back into the courts (they'll have a copy themselves).

Our man in Havana · 02-09-2006 9:31pm

Non Display is a fine of €350, No NCT fine is €1270 Mandatory court appearance for both, no fixed penalty available.

My brother recently got a summons for the same offence. Seems they are starting to enforce the NCT.

Darragh29 · 03-09-2006 5:35pm

Bond-007 wrote:

Non Display is a fine of €350, No NCT fine is €1270 Mandatory court appearance for both, no fixed penalty available.

My brother recently got a summons for the same offence. Seems they are starting to enforce the NCT.

Yip, was down in the District Court recently and there were many road traffic cases that included a charge of non-display of an NCT disc.

The no seat belt charge, you'll probably have to concede that. You could claim in court (once you don't commit perjury!), that you had no idea that the front registration plate was missing, that it must have come off the car at some point in your journey before you were stopped by the Garda. Get a set of new plates and stick them on the car and take a picture of the front of the car with a plate on it into court so the judge will know that at least you have attended to the problem.

Then there is just the small matter of the NCT. I'd focus on getting this done and asking for an adjournment of the hearing if necessary to allow you attend to this. Again, take your NCT disc with you. Be seen to have made an effort to put all your affairs right, dress appropriately and put on the beal bocht when you are in court and you'll get away with a fine at the bottom of the scale!

Henry Ford III · 03-09-2006 6:12pm

Sound advice.

numorouno · 06-09-2006 12:53am

you dont have to first get a fine on the spot to receive a sumomns. although u can get a fine on the spot for insurance or tax i think you can just be summonsed straight to court. im not 100% certain on this but i think thats the way

Our man in Havana · 06-09-2006 1:04am

Correct, they are under no obligation to give you a fixed penalty they can just go ahead and take you to court.

overdriver · 06-09-2006 2:46am

Fair play to the Gardai. The scumbags can run riot, provided their NCT is in order.

:rolleyes:

Esel · 06-09-2006 3:53am

Darragh29 wrote:

... Again, take your NCT disc with you. ...

Bring the NCT certificate, not the disc, to court.

Wishbone Ash · 06-09-2006 8:40am

numorouno wrote:

you dont have to first get a fine on the spot to receive a sumomns. although u can get a fine on the spot for insurance or tax i think you can just be summonsed straight to court. im not 100% certain on this but i think thats the way

Bond-007 wrote:

Correct, they are under no obligation to give you a fixed penalty they can just go ahead and take you to court.

Some offences have a mandatory court appearance. There is no opportunity to receive a fixed charge first, for example:

- driving when unfit
- parking in a dangerous position
- breach of duties at an accident
- driving without insurance
- driving carelessly

stratos · 07-09-2006 10:41pm

I have to say driving around with no front number plate is just asking for attention, especially if your screen is missing paperwork.
However I wouldn't panic too much, with the right attitude wear a suit and call the guy up front judge or your honour, you can be all right.
Judges don't live in the real world and if you look ok, speak properly and clearly, and lay out what sounds like a logical explanation and a bit of down at heel story thrown in, ( Little mikey needed formula the day I had the nct) it is actually amazing what you can get away with.

JHMEG · 07-09-2006 11:18pm

Unless it's Judge Brophy in Kilcock. Best to say nothing, as he won't listen anyway. Just take it on the chin.

Darragh29 · 08-09-2006 1:25am

JHMEG wrote:

Unless it's Judge Brophy in Kilcock. Best to say nothing, as he won't listen anyway. Just take it on the chin.

Don't knock this judge!!! I found myself in front of him a few years ago basically in contravention of every part of the road traffic act that I could have been in breach of! It started out with me driving past Intel in Leixlip and into a checkpoint with my tax out out of date by a few months. I was given 10 days to produce smy tax, licence & insurance ame at a Garda station and to be honest at the time I didn't think they would follow up on it and didn't bother my arse following the matter up! Anyway, fast forward a few months and a summons comes in the door for no tax only.

A day before the hearing, I get another letter through the door from a superintendent in Maynooth telling me the case had been adjourned cos the Garda that caught me was moved to Foot & Mouth dutied up at the border.

Anyway, I turned up in Kilcock court at the next hearing and was amazed to hear that I was being done for no tax, driving licence or insurance. It turned out that my licence was out of date my a few months and on that basis my insurance was invalid and the tax was obviously shy as well.

I was just about to ask the judge for an adjournment cos I understood I was only summonsed to answer one charge of driving with no tax and wanted to have time to (run to my solicitor) and get the other matters addressed (no licence or insurance). Anyway, when the case was called, up steps an inspector and asks the judge for another adjournment as the garda who caught me (and about 10 other lads), was still up the north on foot and mouth duties. The judge at this stage was pissed off with the whole thing about the Garda being away and not available and struck all the cases out, I was so so lucky!!!

Henry Ford III · 08-09-2006 9:14am

Darragh29 wrote:

Don't knock this judge!!! I found myself in front of him a few years ago basically in contravention of every part of the road traffic act that I could have been in breach of! It started out with me driving past Intel in Leixlip and into a checkpoint with my tax out out of date by a few months. I was given 10 days to produce smy tax, licence & insurance ame at a Garda station and to be honest at the time I didn't think they would follow up on it and didn't bother my arse following the matter up! Anyway, fast forward a few months and a summons comes in the door for no tax only.

A day before the hearing, I get another letter through the door from a superintendent in Maynooth telling me the case had been adjourned cos the Garda that caught me was moved to Foot & Mouth dutied up at the border.

Anyway, I turned up in Kilcock court at the next hearing and was amazed to hear that I was being done for no tax, driving licence or insurance. It turned out that my licence was out of date my a few months and on that basis my insurance was invalid and the tax was obviously shy as well.

I was just about to ask the judge for an adjournment cos I understood I was only summonsed to answer one charge of driving with no tax and wanted to have time to (run to my solicitor) and get the other matters addressed (no licence or insurance). Anyway, when the case was called, up steps an inspector and asks the judge for another adjournment as the garda who caught me (and about 10 other lads), was still up the north on foot and mouth duties. The judge at this stage was pissed off with the whole thing about the Garda being away and not available and struck all the cases out, I was so so lucky!!!

You were extremely lucky.

No tax, no license, and dodgy insurance however! :eek:

Summons?

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