Summons to Court for a Speeding Fine I Tried to pay Twice

confusedalways

Hi, Can anyone help?
I recieved a summons for court today, delivered by hand by the gaurdie. The summons was dated 25th November, however I only recieved this today (30th Jan).
Long story short, i attempted to pay the fine within the first 56 days, however it was sent back with a request for a photocopy of my driving licence (I have a UK licence). I had alreay submitted this to my local gaurd station. I was out of the country and by the time I got round to sending it back, I was 1-2 days over the first 56 days. I was then sent back all the documention with a note to say as i was outside the 56 days I would be going to court.
Can anyone advise what might happen and if i should see a lawyer?
I am really worried that I get a huge fine (€800) as I simply could not afford that.
Thanks

biko

Do you have the name of the Garda? If so you could try ringing the station and speaking to him/her. Not sure they can stop the process once the summons have been sent out, guess someone else will know this.

confusedalways

thanks for replying. The name of the Guard is on the summons.

MunsterCycling

You have those letters? Then this should have never happened, prob some desk jockey in the AGS

feelites

dont worry mate

if u will explain everything to the jugde with some feedback /any paper that u received from them as u said they sent u some requests for driving licence/ the jugde will just tell u to pay the fine /ticket/

be polite thats most important, if the jugde wont be happy with your story, play guilty then

u wont be charged for more than 250e !!! never ever fot this !

confusedalways

Yeah, I have everything. The only thing that I don't have is the evidence that I went to my local guard station. I'm guessing though that this will be recorded there. I never had my licence etc on me when I got stopped so I had to take my licence and insurance certificate which they photocopied. This is another reason I was confused when they asked for another copy of my licence and refused to take my fine the first time. I can not believe that they would rather pay to take someone to court rather that take payment of the fine two days after the 56 days were up, given that this was the second attempt to pay. I called the number on the form also, I thinks its in Shannon ans they basically said tough luck (this was after the 2nd rejection of payment).

dirtydiesel

What exactly was the fine for? your unlikely to be hit with €800 for a minor offence which I suspect yours is.
You can prove you tried to pay within the time limit, bring your paperwork to court with you.
Doubt the judge will go too hard on you as you have made an effort to sort it out.

Viper_JB

I'd definitly take it to court and explain the situation, with the letter explaining refusal to accept your payment, no judge would be crazy enough to impose anymore then the original fine, however a word of caution, be polite and just answer what you're asked. Judges get really pissy when people are mouthy.

feelites

Exactly.


And in most cases, when u're polite, jugde will be by your side, not gardai.
They dont like them actually, as they bring people to court for some stupid reasons.

Viper_JB

feelites wrote: »

Exactly.


And in most cases, when u're polite, jugde will be by your side, not gardai.
They dont like them actually, as they bring people to court for some stupid reasons.

+1 100% agree, as a point to note, if you are nervous about it what might be a good idea is to pay a visit to your local motor court or where ever you were summoned to and have a listen to a few of the cases, most will be minor like yours and it'll help you settle your nerves a bit and you'll be prepaired when it comes time for you to go.

JHMEG

If you've got the summons it's going to court.. no way it can be stopped.

Just tell the truth, say you're sorry, and you'll get a modest fine. There is no need to waste money on a solicitor.

Reloc8

Its usually not the fine that's the problem (agree likely to be minor for first time non-serious speeding) its the four penalty points, versus two if you pay within time, in respect of which the Judge has no discretion - they follow automatically on conviction.

You had 28 days to pay the 80 quid, then another 28 days to pay 120. If you go with what you say in your opening post here, the Judge will ask you why you didn't pay within the first period - bear that in mind - and how much your payment within 56 days was for (should have been 120 euro).

Bring to court proof that you submitted a payment (which will have had to be 120 euro) within 56 days and you have a not unreasonable chance at something other than a conviction (and therefore penalty points) being applied (often a contribution to charity of a couple of hundred quid or so is sought). Other advise about how to address the Judge etc. is spot on.

Edit : just wanted to make sure I was correct before saying that asking for a copy of your driving licence in order to accept the fine is pretty much nonsense - that isn't required under the legislation. What is required is amongst other things your driving licence number, date of grant and period of validity is inserted by you into the form you get sent out.

JHMEG

Reloc8 wrote: »

Its usually not the fine that's the problem .. its the four penalty points,

OP has no worries on that front:

confusedalways wrote:

I have a UK licence