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Is a solictor required for Court Appearance for speeding

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  • 11-01-2007 4:53pm
    #1
    Closed Accounts Posts: 867 ✭✭✭


    I tried to pay a speeding fine by cheque but there was a mixup between the licence on the car i.e. who was driving and when I sent back a copy of my licence they say they didn't receive the cheque - hence the reason myself and the partnet have to go to court.

    Does anyone know the procedure now, do I need a solictor or do we just turn up ourselves and plead our case and see what happens?

    The charge:
    "100kmph in a 60kmph zone on the N7 during the construction works"

    Anyone any knowledge of the process?

    Thanks!


Comments

  • Registered Users Posts: 6,315 ✭✭✭ballooba


    You'll get a more sympathetic ear with a solicitor.

    Remember the judge was a solicitor/barrister once too, doesn't like to see his buddies out of pocket. ;)


  • Registered Users Posts: 9,023 ✭✭✭Gregor Samsa


    A solicitor isn't required for any court appearence - you have the right to defend yourself. But getting one would usually be advised, unless you really know what's going on. Put it this way - you have a much better chance of a favourable outcome with an expert doing the work for you than you have stumbling blindly through it yourself.

    I have an uncle who used to represent himself for traffic offences (speeding/parking offences). I'm not sure how many times he appeared, but be claims that things always worked out well for him because he knew what was going on, and what to say and when to say it. One thing he always advised was to wear a suit. Appearence and attitude can make a big difference.


  • Registered Users Posts: 4,269 ✭✭✭MercMad


    Same thing happened me, more or less, I didn't bother with the court thing though, just paid up.

    About 10 years ago I was in Court for speeding, with my Solicitor, and anyone who did not have a solicitor did not get a chance to speak, they just got the standard penalty ! If you were there, and innocent, you still got the penalty !


  • Registered Users Posts: 11,220 ✭✭✭✭Lex Luthor


    Just turn up if you can and plead your case. A solicitor will probably charge you between 200-300 for their appearance.

    Bring along your evidence, talk to the Garda before who is taking the case and explain to them the situation


  • Closed Accounts Posts: 2,025 ✭✭✭slipss


    Maxwell wrote:
    I tried to pay a speeding fine by cheque but there was a mixup between the licence on the car i.e. who was driving and when I sent back a copy of my licence they say they didn't receive the cheque - hence the reason myself and the partnet have to go to court.

    Does anyone know the procedure now, do I need a solictor or do we just turn up ourselves and plead our case and see what happens?

    The charge:
    "100kmph in a 60kmph zone on the N7 during the construction works"

    Anyone any knowledge of the process?

    Thanks!

    You say that you tried to pay the fine, so i assume you don't plan on contesting that you were speeding? If so getting a solicitor would be a complete waste of time and money. I've seen maybe 50 cases in court over traffic offences. Basically what happens is, you show up at the court at 10:30 and take a seat. They'll go through the cases one at a time and eventually get to you and call out your name, you stand up the judge will read out the charge, and ask you if you want to contest it, again I'm presuming you don't want to, so you say no. You don't say weather it was a speed camera or a garda that caught you, If it was a garda he'll put forward his evidence. Depending on the judge, they might ask you to explain why you were speeding ect, but this is always just a technicality and your awnser will have no bearing on anything (as long as you don't say something really stupid) and then if they are in a bit of a mood the'll give you a telling off, then they'll sentence you, it'll be a fine and maybe penalty points. And thats pretty much how it goes.


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  • Closed Accounts Posts: 867 ✭✭✭Maxwell


    slipss wrote:
    You say that you tried to pay the fine, so i assume you don't plan on contesting that you were speeding? If so getting a solicitor would be a complete waste of time and money. I've seen maybe 50 cases in court over traffic offences. Basically what happens is, you show up at the court at 10:30 and take a seat. They'll go through the cases one at a time and eventually get to you and call out your name, you stand up the judge will read out the charge, and ask you if you want to contest it, again I'm presuming you don't want to, so you say no. You don't say weather it was a speed camera or a garda that caught you, If it was a garda he'll put forward his evidence. Depending on the judge, they might ask you to explain why you were speeding ect, but this is always just a technicality and your awnser will have no bearing on anything (as long as you don't say something really stupid) and then if they are in a bit of a mood the'll give you a telling off, then they'll sentence you, it'll be a fine and maybe penalty points. And thats pretty much how it goes.

    Cheers, thanks for that.

    I presumed that was the way it worked.

    Im certainly not contesting the fine and wanted to pay the fine and did send a cheque for it, but they never received it.

    I really just want to get out of that court as soon as possible. Anyone think of how much of a fine I will get for 100kmph in a 60kmph zone?? It was on the N7 and not in a built up area by the way.

    Anyone want to guess? €200? or alot more??


  • Users Awaiting Email Confirmation Posts: 2,584 ✭✭✭kikel


    around 200 i'd guess. still bring a solicitor. you'll probably get double points than what you would of got if youd paid straight away


  • Registered Users Posts: 1,994 ✭✭✭lynchie


    Maxwell wrote:
    Cheers, thanks for that.

    I presumed that was the way it worked.

    Im certainly not contesting the fine and wanted to pay the fine and did send a cheque for it, but they never received it.

    I really just want to get out of that court as soon as possible. Anyone think of how much of a fine I will get for 100kmph in a 60kmph zone?? It was on the N7 and not in a built up area by the way.

    Anyone want to guess? €200? or alot more??

    Was in court on Monday.. not on a speeding offence but on another matter which is too long to go into.. but everybody that was there was being fined pretty much the same.. €125 with 14 days to pay. Those who were claiming they never received the fixed penalty notice were being allowed to pay the original fine. Be careful about nomination cases.. one bloke tried to say his partner was driving but the gardai had the photo of him speeding which clearly showed ur man driving.. was funny seeing him squirm under pressure from the garda!


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