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Judge throws out speeding summonses

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  • 19-11-2008 6:02pm
    #1
    eringobragh
    Registered Users Posts: 3,668 ✭✭✭


    Not sure if this has been posted. Saw this earlier on RTE 1. I wonder what the final figure on this will be. I presume he's refering to the roads that were upgraded to Motorway status a while ago.
    RTE.ie wrote:
    Over 100 summonses for speeding were thrown out by a Dublin judge this morning, bringing the total to more than 200 dismissed in the past two days.

    The summonses against more than 200 people were thrown out of court because the local authorities did not publish speed limit changes in the official Government publication Iris Oifigiúil as required.

    The gardaí sought adjournment of the cases when they became aware of the problem but Judge Clare Leonard refused this application.
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    The gardaí are now seeking legal advice on how to proceed in forthcoming cases from the Director of Public Prosecutions.

    It is not clear how many more cases could be affected but it estimated to be in the hundreds.

    http://www.rte.ie/news/2008/1119/roads.html


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    #2
    robbie99
    Registered Users Posts: 1,261 ✭✭✭robbie99


    Interesting loophole.

    A link to the few of the publications notifying speed limit changes...

    http://search.opw.ie/query.html?col=irisoifi&qt=%22Speed+Limits%22&charset=iso-8859-1&style=Iris

    Haven't found the bye-law for lowering the M50 to 100kph yet.


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    #3
    Brewster
    Registered Users Posts: 3,093 ✭✭✭Brewster


    I think my dad got two points on way out to airport in the 80km zone. It was mentioned on the news that this was one of the routes where limits were not valid? Does anybody know how ud go about getting ur money back and getting points removed?!


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    #4
    TheNog
    Registered Users Posts: 4,160 ✭✭✭TheNog


    Brewster wrote: »
    I think my dad got two points on way out to airport in the 80km zone. It was mentioned on the news that this was one of the routes where limits were not valid? Does anybody know how ud go about getting ur money back and getting points removed?!

    Probably the Fixed Charge Penalty Office. Thnik they are based in Thurles now. If they can't help you, they should at least be able to tell you where to go.


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    #5
    Furze
    Registered Users Posts: 31 ✭Furze


    Brewster wrote: »
    I think my dad got two points on way out to airport in the 80km zone. It was mentioned on the news that this was one of the routes where limits were not valid? Does anybody know how ud go about getting ur money back and getting points removed?!

    This happened me there as well - first time.
    Paid fine and got the 2 points. No idea if I was actually over the limit, although I thought the summons said 60kph.

    By paying fine, have I accepted "guilty charge" regardless of the technicality ?


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    #6
    TheNog
    Registered Users Posts: 4,160 ✭✭✭TheNog


    Furze wrote: »
    By paying fine, have I accepted "guilty charge" regardless of the technicality ?

    Not true. The new speed limits even though were displayed have no actual legal standing so therefore cannot be legally enforced.

    Believe it or not it is the same for the traffic lights we see at roadworks. If they are temporary lights the county council will not create a bye law putting them on a legal footing. This means that you cannot be prosecuted for breaking the red light if there is no traffic on the other side coming towards you.


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    #7
    Lord Nikon
    Registered Users Posts: 3,610 ✭✭✭Lord Nikon


    TheNog wrote: »
    Not true. The new speed limits even though were displayed have no actual legal standing so therefore cannot be legally enforced.

    Believe it or not it is the same for the traffic lights we see at roadworks. If they are temporary lights the county council will not create a bye law putting them on a legal footing. This means that you cannot be prosecuted for breaking the red light if there is no traffic on the other side coming towards you.

    Really, that is VERY interesting...


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    #8
    TheNog
    Registered Users Posts: 4,160 ✭✭✭TheNog


    TheNog wrote: »
    you cannot be prosecuted for breaking the red light
    neuromancer wrote: »
    Really, that is VERY interesting...

    I wouldn't try it though if there was a patrol car behind you. There are other offences you could be prosecuted for ;)


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    #9
    Sizzler
    Registered Users Posts: 5,430 ✭✭✭Sizzler


    Furze wrote: »
    This happened me there as well - first time.
    Paid fine and got the 2 points. No idea if I was actually over the limit, although I thought the summons said 60kph.

    By paying fine, have I accepted "guilty charge" regardless of the technicality ?

    My mate got his 2pts wiped and €80 refunded back to his credit card yesterday without even asking for it so you should be OK (M1 "offence").


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    #10
    Victor
    Registered Users Posts: 78,432 ✭✭✭✭Victor


    Have a look at post 5 here: http://www.boards.ie/vbulletin/showpost.php?p=57970633&postcount=5


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