Summons without FCP

RebelBandit88

Can a Garda choose to summons you to court without first issuing you a Fixed Charge Penalty for a minor traffic offence?

Witcher

Depends on the offence, some can only proceed by summons.

BaronVon

Witcher wrote: »

Depends on the offence, some can only proceed by summons.

Correct. A lot of minor offences aren't Fixed Charge offences, but I think nearly every penalty point offence is a Fixed Charge first.

What's the offence?

RebelBandit88

It is for driving without L signs and driving unaccompanied which at the time of the offence back in 2014, carried 2 points each and a €60 + €80 fine respectively. I received a summons for the offences. I never received a FCP notice as the guard at the side of the road said "I'll see you in court".

I went to court and received a fine but no points. This also ment I have a conviction for these offences. I was reading an article which was titled "Garda errors led to thousands of drivers being wrongly convicted.
Some 147,000 summonses were issued to people who had never been given an opportunity to pay their fine." And was wondering if this applies to me.

I am unsure if the gardai can summons you directly even if the offence is subject to the FCP system or if they have to issue a FCP first?

BaronVon

No, they can't summons you directly for an offence to which a fixed charge applies. You're supposed to have the opportunity to pay the fixed charge first, as per S103 of the RTA 1961

AGS were supposed to make contact with anyone who was affected by this. You might want to contact them.....

Claw Hammer

You can make an application for a late appeal.

Peatys

Are you still at the same address as 2014?
I'd drop into the garda station and ask them what's the story boi