Juvenile Divertion of a speed ticket

Stam the sham · 22-04-2009 05:55PM #1

Hi just wondering if a guard or someone could help me out with this.

I received a speed ticket in the post the other day, it was sent to my father but i believe i might be the one who was speeding. I rang the "fixed charge processing office" and explained my situation that I am under 18 years of age and that i have a full license. I asked would i be able to avail of the juvenile diversion program where you get a warning of some sort.

They told me I was eledgable for this and that i should send a copy of my license and a letter explaining the "situation" as they said (im not really sure what im to say in this except im under 18 and i have gotten a ticket so i would like to get on the juvenile diversion program) to them.

What im wondering is will my ticket be waived and will I just receive a warning and no points and fine. Also as the ticket is made out to my father as hes the named driver of the registration, im wondering will this add confusion to the situation. Im turning 18 next week so will this add to the chance of me being rejected from the juvenile diversion. I have no previous convictions or had any trouble with the gardaí or anything of the sort.

From the phone call to the to the "fixed charge processing office" it seemed positive, id just like to know will i be able to avail of this juvenile diversion?

Thanks very much if someone could shed some light on this

CharlieCroker · 22-04-2009 06:09PM

Ya, I've heard of people being JLO'd for road traffic.
The offence occured while you were 17 so thats all that matters.
As for the fine and points, I Think that they're waived and all you get is the caution but someone will have to confirm this
Caution is only available if you admit the offence which you have. Normally applies to stuff like criminal damage or public order offences but afaik, can be applied to nearly any offence

Mr Jinx · 22-04-2009 06:24PM

the fact that you are turning 18 wont matter as the offence occurred while you were a juvenile and road traffic offences do come under the JLO.

Just my opinion, but you might consider taking responsibility for your actions and paying the fine.

Stam the sham · 22-04-2009 06:27PM

Yeah, I hope it could be applied to this situation. Also do I get a criminal record if I go for this "JLO" or am I better off with the points and fine? Any idea what I should say in the letter it wasn't made clear to me what to state in it. Im just assuming its my age and reference number, but should i say that ive no previous records of any sort etc?

22-04-2009 06:36PM

Stam the sham wrote: »

Yeah, I hope it could be applied to this situation. Also do I get a criminal record if I go for this "JLO" or am I better off with the points and fine? Any idea what I should say in the letter it wasn't made clear to me what to state in it. Im just assuming its my age and reference number, but should i say that ive no previous records of any sort etc?

Stam, I assume that you were caught by a fixed camera. The FCPS fine that came in the post should give the owner the option to name who was driving the vehicle at the time of the offence. If you put down that you were the driver then you just pay the fine and take the points.

Don't know whether the JLO system works for this type of Road Traffic Offence but I would doubt it. If it does, then unless you offend again you won't have a criminal record. You only get a record if you get charged.

Stam the sham · 22-04-2009 06:44PM

I was told by the "fixed charge processing office" to just send a photocopy of my license and a letter, and that they would come back to me. So im assuming they're saying not to fill out the form or do anything with it.

It was written on the document i recieved in the post that under 18's should contact the "fixed charge processing office" which I done and they told me what I said.

Thoie · 22-04-2009 06:45PM

Personally from reading about the programme here, I think I'd prefer to pay the fine and take the points, unless you have a particular desire to be monitored. I'm also surprised that it covers a "simple" speeding offence (as opposed to something like habitual joyriding).

Stam the sham · 22-04-2009 06:51PM

I'd have no problem being watched, but im assuming id have the informal caution which is :

The informal caution given for less serious criminal behaviour may be given at the child&#8217;s home or in a Garda station. It is administered by a JLO. The only persons obliged to attend while the caution is being given are the parents or guardian of the child. There are no provisions for attendance of anybody other than the parents or guardians and the child.

CharlieCroker · 22-04-2009 07:00PM

My advice would be to contact your local JLO who is normally stationed in your district Headquarters and get their opinion/advice.

22-04-2009 07:03PM

Stam the sham wrote: »

I was told by the "fixed charge processing office" to just send a photocopy of my license and a letter, and that they would come back to me. So im assuming they're saying not to fill out the form or do anything with it.

It was written on the document i recieved in the post that under 18's should contact the "fixed charge processing office" which I done and they told me what I said.

If thats what they said then go with that. I've never come across this situation before so do not know the procedure. I would say before you go sending anything that you get a name of who you were talking to down there. Just in case there is a problem. And send your post by registered post, you will have proof that it was delivered, again incase of any problem down the line.

And well done on owning up for it and taking the punishment. If every motorist was like you the courts would have a lot more time for criminal cases.

testicle · 22-04-2009 07:05PM

foreign wrote: »

You only get a record if you get charged.

Incorrect. You get a record if convicted.

Innocent until proven guilty.

Stam the sham · 22-04-2009 07:13PM

CharlieCroker wrote: »

My advice would be to contact your local JLO who is normally stationed in your district Headquarters and get their opinion/advice.

Would that be Anglesea street garda station in cork?

22-04-2009 07:18PM

testicle wrote: »

Incorrect. You get a record if convicted.

Innocent until proven guilty.

Yes, very true. Sorry.

CharlieCroker · 22-04-2009 09:12PM

Stam the sham wrote: »

Would that be Anglesea street garda station in cork?

They'd cover the whole city, dunno how many JLO's are there though. Give them a buzz tomorrow and see what the story is. They'll give you a definitive answer

TheNog · 22-04-2009 10:36PM

OP

Lets us know the story when you talk to the JLO. TBH I have never heard of an under age speeder getting a JLO and thought it wouldnt be possible. Did see an under age drunken driver get JLO'ed

Zambia · 22-04-2009 11:08PM

If you are a big enough man to speed your a big enough man to cop the pionts. Personally IMO if your in possesion of a licence you should be bound by all the risks of losing it.

Well done at getting your licence at 17 btw.

spartacus93 · 23-04-2009 01:31AM

Personally I think you should pay it and take the points. 2 isn't exactly a big deal!

However, I do know of 1 person that was 17, that got no points and no fine after being stopped and issued a speeding ticket by a Guard, so it can be done.

Hooch · 23-04-2009 02:41AM

spartacus93 wrote: »

Personally I think you should pay it and take the points. 2 isn't exactly a big deal!

However, I do know of 1 person that was 17, that got no points and no fine after being stopped and issued a speeding ticket by a Guard, so it can be done.

This is not a matter of the OP taking the points.....he cant. Its not legal for him to as he is legally a child.

When we input FCPS tickets and enter the DOB, the system automaticly changes it to JLO and no ticket is issued if under 18. The JLO then takes over and cautions the youth. If there is blanket approval to prosecute, then the JLO still gets the refferal and reports back to the supt who makes the ticket ''live'' again. The reason this ticket was issued is due because it was a fixed gatso camera. Im shocked that the members here didnt know that.

OP this is a regular occurance. Draft a letter and explain the situation and send it plus a copy of the fcps notice to your local Superintendant. A JLO caution will then take effect (fair play for owning up to it by the way). Your ssid Anglesea Street station. Other district hqs in Cork city are Graun, Togher and Mayfield so find out which you fall into.

Hope this helps
NGA

Zambia · 23-04-2009 06:15AM

NGA excellent post

However its shocking to know that a driver under the age of 18 is basically exempt from pionts till they are 18.

Thats pretty silly

daithip · 23-04-2009 08:00AM

Stam make sure your dad sends off the ticket indicating you were the driver at the time of the offence within the statutory period. New ticket will then issue to you and you can then send it off with the relevant documents.

daithip · 23-04-2009 08:01AM

Zambia232 wrote: »

NGA excellent post

However its shocking to know that a driver under the age of 18 is basically exempt from pionts till they are 18.

Thats pretty silly

Driver U18 can be JLOed for drunk driving:(

Zambia · 23-04-2009 08:23AM

daithip wrote: »

Driver U18 can be JLOed for drunk driving:(

So can keep their licence and drive again once they are released. :eek:

daithip · 23-04-2009 08:33AM

Yep, no points, no fine, no disqualification, just a caution.

mcguiver · 23-04-2009 10:05AM

Yep,
unfortunately the JLO system does cover this.
So although 17 year olds can drive and are meant to be responsible etc. they can then use this loophole.

Strange though that the adut caution scheme hasn't been challenged in court to cover this also!!

As already mentioned, the notice received will have a declaration on it to be filled in if the registered owner wasnt the driver at the time. You fill this in and return it...I'd suggest a note explaining you were underage at the time, keep copy of notice and letter and send registered post.

I came across this a few years ago when a 17 year old muppit was acting the wally in his car.

bryanmurr · 23-04-2009 10:33AM

Sham, you can be JLO'd for this, i gave a 17 yr old girl a ticket for no seat belt a while back and it was sent back to me saying i should have just jlo'd her.

ticket came to your dad as reg. owner. fill in your details, as a previous poster said, a new notice will be sent to you then. watch the time limits.

Hooch · 23-04-2009 11:31AM

bryanmurr wrote: »

Sham, you can be JLO'd for this, i gave a 17 yr old girl a ticket for no seat belt a while back and it was sent back to me saying i should have just jlo'd her.

ticket came to your dad as reg. owner. fill in your details, as a previous poster said, a new notice will be sent to you then. watch the time limits.

To be honest i wouldnt bother sending it away to change the name, its rearly done. Just pop off the letter to the supt explaining it, should be no hassle. The 56 days for payment do not effect the OP in this instance due to nomination of offender, it reverts to the 6 months statute of limitations.:)

Zambia · 23-04-2009 01:43PM

daithip wrote: »

Yep, no points, no fine, no disqualification, just a caution.

AHHHH the stupidity of this baffles the F**k out of me...

Stam the sham · 23-04-2009 05:22PM

nice guy always wrote: »

To be honest i wouldnt bother sending it away to change the name, its rearly done. Just pop off the letter to the supt explaining it, should be no hassle. The 56 days for payment do not effect the OP in this instance due to nomination of offender, it reverts to the 6 months statute of limitations.:)

So I dont need to send anything off? Im 18 in 7 days so i was thinking by the time all this is processed if i do fill out the form i received surely it would come up on the computer that i am 18 and then bypass the jlo system?

Theres a lot of conflicting advice here, as the people i spoke to on the phone at the "fixed proccesing office" just told me to send them a letter explaining my situation and a copy of my driving license to the "fixed proccesing office" and not to send them the speeding form i received.

Nga are you saying to ring Anglesea Street Garda Station and tell them situation and not to bother with doing anything with the speeding ticket? Whats supt by the way? Superintendent?

timmywex · 23-04-2009 09:23PM

Does this also happen for a learner driver driving unaccompained?! I presume it would just be jlo'd anyway?!

Dad always mentained you would be jlo'd anyways, full license now aswell so doesnt matter any more!

cushtac · 24-04-2009 10:48PM

If the crime is sufficiently serious, a case can be made for prosecution rather than inclusion in the JLO scheme.

boris241 · 25-04-2009 01:29PM

stam

you need to follow the advice of the fcpo and send your details back to them. they in turn will inform the national juvenile office who will make a decision in this case on its merits, namely type of offence and previous history of offender. if you are deemed suitable for inclusion in the juvenile scheme you will be cautioned for this offence, if not you will notified and need to pay your fine and take the points. there is no need to contact your local jlo as they will have no details of this offence. based on what u have said here i believe u will be cautioned. it does not matter that u will or have turned 18 since the offence as the age at the time of the offence is all that matters.

Juvenile Divertion of a speed ticket

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