Poor box donation gets you off points?

godtabh

Just read this

RTE political correspondent David Davin-Power was spared a fine and a speeding conviction today after he donated €150 to charity.

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The journalist appeared at Dublin District Court to face a summons for driving in excess of a 50kph speed limit at the Ballymun Road, in Glasnevin, Dublin on the afternoon of May 21 last.

Santry Garda Bryan Murray told Judge Patrick Clyne that he had been operating a speed check when he stopped a '98-reg car, “it was driven by Mr David Davin-Power”.

He told Judge Clyne that Mr Davin-Power had “driven at 68kph in a 50kph zone.”

The journalist's barrister asked the court to consider striking out the case adding that Mr Davin-Power would make a charitable donation.

“150 notes to the court poor box,” the judge replied and counsel said it would be paid forthwith.

The 60-year-old broadcaster, who lives at Griffith Avenue, in Dublin, returned a few minutes later with a receipt showing that the money had been paid at the courthouse office.

Judge Clyne told him that the €150 would go to the Capuchin Day Centre in Dublin for homeless people and said he was dismissing the case. “Thank you

Link

Is this down to the mood of the judge? For example if I was to ignore the FPN and go to court and suggest I pay €150 to the poor box will it be accepted?

A Primal Nut

SNIP

Zambia

A judge here cannot make such a ruling they have to take the pionts of the driver they can dismiss the fime but they have no leeway on pionts.

SB2013

Zambia wrote: »

A judge here cannot make such a ruling they have to take the pionts of the driver they can dismiss the fime but they have no leeway on pionts.

Well he wasn't convicted so there wouldn't be points applied.

Zambia

SB2013 wrote: »

Well he wasn't convicted so there wouldn't be points applied.

He was still found guilty.

coylemj

Zambia wrote: »

He was still found guilty.

Read the court report the OP posted....

Judge Clyne told him that the €150 would go to ..... and said he was dismissing the case.

A dismissal means no conviction and no points. There was no mention of the Probation Act though I believe in cases where there is a mandatory penalty, the judge is expressly forbidden from invoking the Probation Act.

godtabh

The question still remains. Would Joe Public be treated the same or is it at a whim of a judge?

SB2013

It's always at the whim of the judge. But of your asking if its common for people to get off a conviction by donating to the poor box then the answer is yes.

NoQuarter

godtabh wrote: »

The question still remains. Would Joe Public be treated the same or is it at a whim of a judge?

Completely common. Usually for first time offenders. The Probation Act is around since 1907 so no need to get a bee in your bonnet about it now. It's used daily. I saw a young couple get off fraud with the Probation Act, just a normal, working-class couple.

coylemj

NoQuarter wrote: »

Completely common. Usually for first time offenders. The Probation Act is around since 1907 so no need to get a bee in your bonnet about it now. It's used daily. I saw a young couple get off fraud with the Probation Act, just a normal, working-class couple.

But if the legislation says that a penalty be applied in the case of a conviction (in this case penalty points), then surely the judge should not have the option of applying the Probation Act?

For example, in the RTA 1961, the section on drunk driving (S.49) expressly excludes that section from the provisions of the Probation Act, one assumes in order to stop judges falling for the sob story about someone losing his job if he loses his licence after a conviction.

49.—(1) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while he is under the influence of intoxicating liquor or a drug to such an extent as to be incapable of having proper control of the vehicle.

(2) deals with the penalties

(3) Subsection (1) of section 1 of the Probation of Offenders Act, 1907, shall not apply in relation to an offence under this section.


http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0049.html#sec49

Surely the same provision should apply if the offence carries penalty points, maybe it does?

Tom Young

The court poor box is also frequently applied in relation to offences under the Road Traffic Act 1961, as amended, and in particular offences contrary to section 52(1) (careless driving), section 53 (dangerous driving), section 47 (exceeding a speed limit) and section 56 (driving without insurance).

See Pages 8 - 13: http://www.lawreform.ie/_fileupload/consultation%20papers/cpCourtPoorBox.pdf

Yawns

godtabh wrote: »

The question still remains. Would Joe Public be treated the same or is it at a whim of a judge?

Yep, I know some people who had some minor traffic offence dismissed in lieu of a poor box donation. One of the cases was someone going 60 in a 50 zone and the other was non display of tax. Both people are just hard working joe soaps.

cml387

How did the case come to court in the first place?

Surely this would have been dealt with via fixed penalty notice?

NoQuarter

coylemj wrote: »

But if the legislation says that a penalty be applied in the case of a conviction (in this case penalty points), then surely the judge should not have the option of applying the Probation Act?

My reply was a general reply. I completely accept it wouldnt apply in this particular case. I think the OP was after a more general outlook and just used a bad example in a way.

mikom

The judge must have took pity on the wig.

Tom Young

In the LRC report you might note that the Poor Box and the Probation Act don't uniformly operate together!

Fred Swanson

This post has been deleted.

Yawns

Yawns wrote: »

Yep, I know some people who had some minor traffic offence dismissed in lieu of a poor box donation. One of the cases was someone going 60 in a 50 zone and the other was non display of tax. Both people are just hard working joe soaps.

In the speeding case, he said he didn't receive the FPN so didn't have a chance to pay. He said he would have paid that. The judge gave him the option to donate to the poor box the full amount of the FPN and he could have the case dismissed.

Not sure why the other went to court, never bothered to ask her.