Is a court summons automatically issued for non-payment of a driving offence fixed charge notice?

Gadgie

I was issued with a fixed charge notice for "driving without reasonable consideration". I didn't pay the fine as I wanted to challenge the offence. It's now over a month since the last day to pay the fine, and I haven't received a court summons yet. I was under the impression that a summons would be automatically issued if the fine wasn't paid within the 56 day window. Is that not the case, or can it take a long time to receive a summons?

It's worth pointing out that it's now over six months since the alleged offence, although when the notice payment window expired it was just over five months.

FishOnABike

From citizens information website

https://www.citizensinformation.ie/en/justice/criminal_law/criminal_trial/summons.html

Summons issued for non-payment of fixed charge fines

When you are issued with a fixed charge notice for a road traffic offence and you fail to pay the fine within the time allowed, a summons is automatically issued and sent to you by ordinary post. The Garda does not have to apply for a summons to be issued in this process, because the summons is triggered by non-payment of the fixed charge fine.

It would also appear there is a time limit for applying for a summons. Whether this is dated from the original alleged offense or from the non payment of the fixed penalty is something you might want to get advice on.

https://www.citizensinformation.ie/en/justice/criminal_law/criminal_trial/time_limitations.html

I take it you have already obtained legal advice that you have a solid defence against the charge of 'driving without reasonable consuderation'.

Gadgie

I already saw that page, but it's contradictory because it initially says that "a summons is automatically issued and sent to you by ordinary post", then slightly further down says "There are certain rules about how a summons can be served. They can be served by [...] Postal delivery: by registered post to your last or most usual place of residence or to your place of business or employment".

The wording on the fixed charge notice is somewhat ambigious on whether a summons is automatically issued: "if you do not pay the fixed charge during [the 56 day period], and you are served with a summons in respect of the alleged offence [...]". I would interpret that as implying that a summons may not be issued.

There is a six month period after the date of the alleged offence for the Gardai to apply to the court for a summons, which has now passed. So I am wondering how long it takes between applying for a summons to actually receiving one.

Witcher

The courts are backed up after Covid, could be well into next year before the summons is served on you.

Gadgie

https://www.boards.ie/discussion/comment/117876055#Comment_117876055

Is there any way I can find out if one has actually been applied for?

Ask the court office.

ebbsy

I got a summons for December for not paying a tax disc fine, happened 6 months ago.

Gadgie

https://www.boards.ie/discussion/comment/117876144#Comment_117876144

Interesting - thanks. What was the length of time between the deadline to pay the fine and the date you received the summons?

ebbsy

https://www.boards.ie/discussion/comment/117876267#Comment_117876267

End of June for payment

24th August received summons

December court date

Gadgie

Following up on this thread, I did eventually receive a summons, but for a section 52 offence (careless driving) as opposed to the section 51a offence (driving without due consideration). So it seems that the summons wasn't issued automatically on non-payment of the fine, but required intervention from the prosecuting Garda.

Had a section 51a summons been issued, there would have been an option to pay an increased fine (double the original) up to seven days before the court date and proceedings would have been discontinued (according to the fixed charge notice). However, a section 52 offence is more serious, requiring a mandatory court appearance.

The case ended up being struck out as the prosecuting Garda did not attend court, so it worked out OK for me in the end, however if I had the opportunity again I would have just paid the original fine (even though I believed, and still believe, that I am not guilty of the offence) and avoided the months of stress and worry that it caused.