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Penalty points, paid the fine, received notification then get a court summons

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  • 01-05-2008 10:55am
    #1
    Closed Accounts Posts: 20,009 ✭✭✭✭


    I was caught with a mobile phone in my hand last January, I paid the said fee of e60 a week later and last month got a notification of receiving 2 points from March onwards for three years. To-day I have just received a court summons for the same offense, what should I do? Is there a chance of getting the whole thing quashed if I make an appearance and show the details?


Comments

  • Registered Users Posts: 81,220 ✭✭✭✭biko


    Can't give legal advice but maybe you should approach the guard that nabbed you and he/she can prevent it going further?


  • Closed Accounts Posts: 1,643 ✭✭✭Gandalf23


    Similar thing happened to a friend a few weeks back. The case will definitely still go to court ... too late to stop that now. Contact the Guard asap and he/she will (more than likely) be willing to go to court on the day and tell the judge what happened. The case should be extinguished at that point.


  • Closed Accounts Posts: 20,009 ✭✭✭✭Run_to_da_hills


    Gandalf23 wrote: »
    Similar thing happened to a friend a few weeks back. The case will definitely still go to court ... too late to stop that now. Contact the Guard asap and he/she will (more than likely) be willing to go to court on the day and tell the judge what happened. The case should be extinguished at that point.
    Can they "undo" my two penalty points if its thrown out? :confused: Im sure the judge will not be happy wasting court time.


  • Moderators, Politics Moderators Posts: 39,762 Mod ✭✭✭✭Seth Brundle


    The summons will be thrown out - your two points stay!


  • Closed Accounts Posts: 20,009 ✭✭✭✭Run_to_da_hills


    kbannon wrote: »
    The summons will be thrown out - your two points stay!
    :mad:


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  • Closed Accounts Posts: 1,643 ✭✭✭Gandalf23


    Sorry dude ... what kbannon said!!

    2 points are not the end of the world, and wont have any effect on insurance (assuming you dont already have 8 or 10 points!!!). And if it makes you think twice about using the phone in the car again and makes you a safer driver then its all worth it :D


  • Closed Accounts Posts: 619 ✭✭✭WHITE_P


    Try sending a letter to the court clerk explaining that you have already paid the fine and received your 2 points, include copies of notice etc.

    He / she should be able to have the case removed from the docket, (this should save you the bother of having to appear in court), but I would definitly look for confirmation, as you don't want to be fined any more in your absence, if you don't appear in court.

    Car kits are cheap these day's. Halfords are doing the Parrot bluetooth visor mount for €79.00 at the moment.


  • Registered Users Posts: 81,220 ✭✭✭✭biko


    :mad:
    It's no big deal, several hundred thousand drivers in Ireland has 2 points, it won't affect anything.
    Take your punishment like a man, you did break the law after all.


  • Registered Users Posts: 4,184 ✭✭✭Fey!


    biko wrote: »
    Take your punishment like a man, you did break the law after all.

    I don't think that taking the punishment is really the problem; after all, he has already paid the fine and acknowledged that he was bold!

    He's just trying to avoid, quite rightly, being punished twice for the same misdeed.

    Where's the problem?


  • Registered Users Posts: 6,364 ✭✭✭positron


    Some think similar happened to me too - I had paid the penalty and was "awarded" two points. I was told that summons was delivered to the old address about a year and half after I moved out there - I had notified change of address on vehicle ownership details etc. So *technically* I never got it. I hope it just goes away...!


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  • Closed Accounts Posts: 36 hjs007


    no need to worry if you have paid it. just keep any paper work you received etc. you will prob have to go to court seems you have been summones'd. you could contact the garda fixed charge processing office in thurles and ask there advice


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