In court for ''Speeding''

di11on

Hi folks,

I got a speeding fine for thundering down the N4 at 91kmh in an 80kmh zone. When I went looking for the thing to pay it, I couldn't find it. I assumed I'd be sent a reminder.. like when your tax is late or like when you get a parking ticket.

Nope.

Garda appears at door and hands my shocked wife a summons.

So apparrently I now have to appear in court and there is no way out of it.

What a waste of court time!!! I don't dispute the charge and would have paid the fine if I could. Considering the backlog of cases in the courts, it seems to me that a simple reminder being sent out could free up a lot of court, and Garda time.

Anyway - now that I have to appear in court... how do I handle it? I intend to be super-apologetic. I don't dispute the charge and apologise for wasting court time.

What if the Garda doesn't turn up? Do I get off? If I've admitted to the charge - I suppose it doesn't matter that he hasn't turned up. Can the case go ahead if the Garda doesn't show?

I'd be grateful for any advice.

hullaballoo

Actually, the district court run a tight ship, and there's no backlog of cases. I wouldn't be too worried about wasting the court's time. If you just go in and apologise &c, you'll be in and out in no time.

Your best bet is to do as you say. Just be super-apologetic, tell the truth about assuming you'd get a reminder and apologise to the garda and the judge. It will depend on what side of the bed the judge gets out of on the morning of your appearance whether or not you get off lightly.

di11on

Thanks hullablaloo. That response is an awful lot more constructive than the helpful response in the other moved thread (I posted in the wrong forum originally).

Cheers,

Di11on

Turner

There is no need to apologise to the Garda.

He is getting paid to be there, its only another part of his job.

TheNog

di11on wrote:

Thanks hullablaloo. That response is an awful lot more constructive than the helpful response in the other moved thread (I posted in the wrong forum originally).

Cheers,

Di11on

tut, tut

i've still no sympathy

aphex™

Unfortunately you'll most likely not even get a word in. The judge may roar at you before you even get to speak. This is the way the district court works sometimes. It is like going before a king centuries ago.

Technically the cop has to produce evidence of the speed limit on the road you were caught on, and if not a case should be dismissed.

However asking for this may make you look like a smart arse and get in the way of your apologetic stance as Hull said.

I am not a solicitor, and none of this is legal advice. Get a solicitor.

11.3 SECONDS

Out of curiosity.

Is there no way that this can be resolved (legitimately !!) by the OP with the Gardai or the fines office or whoever before going to court and wasting time and money ?

If it could be resolved beforehand can the matter not then be struck out or is this one of those situations where there is no flexibility once the case gets into the "system" ?

Also, if the OP is convicted in court will he receive 4 points as distinct from 2 ? I may have this point all wrong. I have it in my mind that paying the fine promptly is like an early guilty plea and 2 points is your discount for an early plea of guilty. What is the actual position ?

cast_iron

11.3 SECONDS wrote:

Out of curiosity.

Is there no way that this can be resolved (legitimately !!) by the OP with the Gardai or the fines office or whoever before going to court and wasting time and money ?

That's down to the prosecuting Garda. I've gotten dozens of summonses in my day (sounds worse than it is), but few were acted on in the end.

And OP: I'm not sure why you are complaining because you wrongly assumed you would get a reminder...it was your responsibility to pay the fine, not theirs to remind you.

digweed

a summons is an order from the court for you to appear, once issued there is nothing that a garda can do with it. go in on the day and plead your case, if the judge on the day doesn't hear you or you don't like the outcome then you have the right to appeal it. sometimes in the district court a judge will just get through the cases as fast as they can and wont be interested in what you have to say (generally they will listen). when you appeal it to the circuit court you will be called up and asked for your side.

D. (IANAL tho' you might be better off talking to one first).

Overheal

Sounds like you are that Judge's b*ch to me: you lost your payment form and couldnt be bothered in your hole to make your way to your local Garda station (within the speed limit) to pay it in person.

Sure, it would make sense to receive a final notice of payment, but its ALSO reasonable to assume you are going to pay the fine within the time allowed. In the end I assume they don't do this merely as a cost-cutter. Trying to argue this point in court probably will not go as well as you plan it

cast_iron

digweed wrote:

a summons is an order from the court for you to appear, once issued there is nothing that a garda can do with it. go in on the day and plead your case, if the judge on the day doesn't hear you or you don't like the outcome then you have the right to appeal it. sometimes in the district court a judge will just get through the cases as fast as they can and wont be interested in what you have to say (generally they will listen). when you appeal it to the circuit court you will be called up and asked for your side.

D. (IANAL tho' you might be better off talking to one first).

That certainly isn't how I was dealt with. A friendly chat with the Garda and all was sorted.

uRbaN

I was in court yesterday and witnessed 239 people receive points/fines related to speeding. Now, I don't know if they were summonsed, or had queried their fines due to bad camera images etc but , I'd say 10 were struck out for legit reasons. The others were mainly people who said the form never arrived, went to wrong address, was in the wrong name, I wasn't driving, I was out of the country, I dont speak English etc....they all got points and inflated fines.

Depending on your judge, you could be looking at an inflated fine (from 80 - 300 Euro)because you have had to appear in court. The Judge yesterday was not interested in anything any defendant had to say. In fact, it annoyed him more, particularly if it was a solictor speaking on their behalf.
Based on your level of speeding your fine should not exceed 300. Again, it depneds on the Judge.

If the Garda doesn't show, it gets adjourned (generally after 3 of these you can ask for it to be struck). If the Garda turns up, and has no file on you, then its struck out.

Mezcita

Agree with the above. Its completley up to the judge. I got called in about a year ago and sat there as the judge threw out 90% of cases.

Some interesting excuses included:

"My husbands wife passed away the week before and my mind was not on my driving".

"I'm a sales rep and drive a car which is from a company car pool. It defintitely wasen't me".

That said, anyone who didn't turn up got the book thrown at them.

Wear a suit, apologise to the judge and you will be grand.

Our man in Havana

uRbaN wrote:

I was in court yesterday and witnessed 239 people receive points/fines related to speeding. Now, I don't know if they were summonsed, or had queried their fines due to bad camera images etc but , I'd say 10 were struck out for legit reasons. The others were mainly people who said the form never arrived, went to wrong address, was in the wrong name, I wasn't driving, I was out of the country, I dont speak English etc....they all got points and inflated fines.

Depending on your judge, you could be looking at an inflated fine (from 80 - 300 Euro)because you have had to appear in court. The Judge yesterday was not interested in anything any defendant had to say. In fact, it annoyed him more, particularly if it was a solictor speaking on their behalf.
Based on your level of speeding your fine should not exceed 300. Again, it depneds on the Judge.

If the Garda doesn't show, it gets adjourned (generally after 3 of these you can ask for it to be struck). If the Garda turns up, and has no file on you, then its struck out.

And most of those would be overturned in a circuit court.

AnnaStezia

uRbaN wrote:

The Judge yesterday was not interested in anything any defendant had to say. In fact, it annoyed him more, particularly if it was a solictor speaking on their behalf.

WOW ! What the hell ever happened to the principle of audit alterem partem ?

Has anyone ever had one of these "Hang'em high" style DJs judicially reviewed for actual failure to hear the defendant's evidence ?:mad:

Fey!

From experience years ago...(pre penalty points)

Give the Garda a call and explain the situation. If he agrees, arrange to pay the fine. Meet him at the court on the appointed day. He can go up and simply say "he sorted that out, Judge". Case finished with.

As I pointed out at the start of this post, my dealings were 9 years ago, so there is a good chance that what the Garda can do has changed since. Check with a solicitor.

This is NOT legal advice - it's just my experience.

di11on

Thanks guys, for all the responses... it's all very helpful.

Are increased points inevitable when the case arrives in court?

Our man in Havana

Only if convicted.

Overheal

Although: What assurances are there that the Gards' system of mailing notices and such is even effective? I suppose theres the Post Office if there is blame to go around there; but the question does remain, is there any assurance that the notices are getting to their targets? '239 people, most of which claimed to never have received notices...'

also: "My Husband's Wife"? Think about that line for a second...