Legal Advice

baggio_10

I was caught using a mobile phone while driving in March.

The Garda informed me a was getting fined 80euro and 2 penalty points. The fine never arrived in the post. The Gardai arrived in September with a summons to go to court as I didnt pay the fine.

In court the judge asked me if I pleaded guilty or not guilty for using a mobile phone while driving, I pleaded guilty and she fined me 180euro. No mention about the reason I was there which was because I didnt pay the original fine.

Can I appeal this? Its not fair that I am being fined the larger fine now for non-payment of the original fine when I never received it.

Thanks.

coylemj

You got a summons and went to court by yourself without a solicitor. You were convicted, you now want to consider an appeal so you register on an internet discussion website and look for free legal advice.

This is what happens when you try to do things on the cheap. Good luck with the appeal.

baggio_10

I would appreciate it if only people with something useful to say would comment on my post. I am not looking for anybodys opinion on what I have or have not done.

Just as a by the way, a court appearance is new to me. I went to the Garda station after the summons arrived to my house to ask the Gardai whats the protocol and offered to pay the fine that I didnt receive. The Garda told me I didn't need a solicitor and that the judge would ask me why I didnt pay the fine and they would usually strike it out if the fine was not received.

Beano

did you tell the judge why you didnt pay the fine?

whomitconcerns

they wouldnt strike it out. They heard all of the excuses...the judge made a factual determination and you pled guilty and he fined you. So i dont see what you could appeal now. Anyway you cant get legal advice here....

baggio_10

I wasnt asked. She only asked me if I pleaded guilty or not guilty for the offence and if I had a good reason for committing it.

whomitconcerns

thats the thing. You pled guilty, how can you appeal your own guilty admission?

baggio_10

appeal the 180euro fine. I was guilty of the offence and willing to pay the original fine but I never received it.

slimjimmc

Mod: OP, boards.ie nor the internet in general is the place for seeking legal advice especially to help you decide on whether or not you should appeal a criminal conviction. If you want proper advice you should engage a legal professional. Don't base your decision on what you read on this site.

L1011

You're not going to get legal aid for an appeal of a €180 fine. So you're going to have to pay a solicitor a very substantial sum - - and bear in mind that the fine is already higher if you have to go to court anyway; as the amount on a fixed penalty notice is in effect a discount for paying up quickly and not using court time.

I'm very surprised that it was only €180 - the local judge to me would have likely gone for the full 1K fine available. Feel very lucky there!

dudara

Closing thread as the OP has already closed their account.

dudara