Up in court this morning

bogmanfan

Hey all. Mate of mine is up in court this morning for failing to pay a speeding penalty fine in time. Basically, the points notice was sent to an old address, and he didn't actually get it until after the 28 days had elapsed. How do you reckon he'll get on? He has bills etc. to prove that he wasn't living at the old address at the time, and he had sent off the change of address form to Shannon, but it hadn't been processed. Any ideas how judges view this kind of thing? He's just hoping they don't give him the 4 points (has 4 already)

Seth Brundle

Can he prove that he sent off the change of address form? I presume that the judge will ask him the situation and then throw 4 points at him.

drdre

he should be alright if he has the proof.it all really depends on the judge

Darragh29

bogmanfan wrote:

Hey all. Mate of mine is up in court this morning for failing to pay a speeding penalty fine in time. Basically, the points notice was sent to an old address, and he didn't actually get it until after the 28 days had elapsed. How do you reckon he'll get on? He has bills etc. to prove that he wasn't living at the old address at the time, and he had sent off the change of address form to Shannon, but it hadn't been processed. Any ideas how judges view this kind of thing? He's just hoping they don't give him the 4 points (has 4 already)

(1) Wear a suit and look respectable!

(2) If you get the judge in a kind of humour where he is pissed off listening to the Gardai making mistakes all morning, he/she might just throw it out! I'd be admitting to the offence and arguing for the 2 point penalty & fine, I'd say you mate will get out of it for that!

bogmanfan

Judge didn't want to know about it. 4 points and a fine. He now has 8:eek:

Mitch Connor

i think that is ridiculas. If you are not informed about the fine, how can you possibly pay it? Its not his fault the change of address form was not processed. Terrible, just terrible.

MercMad

I think that this is outrageous !

The whole point of going to Court is that you can have your say, a Judge who doesn't want to know should not be on the bench !

on the othert hand i think a lot of folk move houses and only update their vehicle details when their tax is due, few are concientious enough to do it at the approriate time.

I imagine the Judge saw little or no proof that the accused tried to change his address records correctly !

Tough break !

drdre

bogmanfan wrote:

Judge didn't want to know about it. 4 points and a fine. He now has 8:eek:

Tell him to appeal it, i have 8 and its really hard to drive with 8 as you are always worried as you dont want more.:)

Tell your friend to appeal it and next time he might get a better judge who will listen.What court was it in?

bazz26

drdre wrote:

Tell him to appeal it, i have 8 and its really hard to drive with 8 as you are always worried as you dont want more.:)

How did you manage to get 8 points?

Cactus Col

drdre wrote:

Tell him to appeal it, i have 8 and its really hard to drive with 8 as you are always worried as you dont want more.:)

You'll find if you don't speed and obey the rules of the road you don't need to worry.

That said, obviously if you could do that you wouldn't have 8 points anyway.

Robbo

bazz26 wrote:

How did you manage to get 8 points?

That's a thread of great renown which probably needs to be stickied as a tale of caution.

Darragh29

Defo appeal it.

drdre

bazz26 wrote:

How did you manage to get 8 points?

Speeding over the past 3yrs . Hopefully 4 are coming off by october.

stovelid

Did the judge realize that he had the other points already. Probably wasn't inclined to give hin benefit of the doubt?

Fey!

How did he find out that he was due in court?

Kimbot

Well the fact that he left everything until the court date to say it went to the wrong address is why the judge gave him that punishment!! Why didn't he go to the summoning garda before today to try sort it out??

AntiVirus

jonny24ie wrote:

Well the fact that he left everything until the court date to say it went to the wrong address is why the judge gave him that punishment!! Why didn't he go to the summoning garda before today to try sort it out??

Once you recieve a summons for not paying a speeding ticket on time you have to go to court. There is nothing the summoning garda can do.

craichoe

AntiVirus wrote:

Once you recieve a summons for not paying a speeding ticket on time you have to go to court. There is nothing the summoning garda can do.

NOT true, The Garda can inform the DPP of the circumstances and the DPP can request to the case stricken out.

I had the same thing happen to me, they gave the summons to my parents and i wasn't in the country, came back and contacted the Garda, i had presented my License and Insurance Cert in the wrong station, stupid me But the garda said it was fine and to turn up in court anyway.

Still had to go to court but i just stood up when called and the DPP said "We request that be struck out Judge"

Turner

As this comes up regularly the Garda normally asks when taking down details from a license "Is this your current address"

If it was a speed camera which there are very few how did the person not receive the fine but receive the summons ??

craichoe

Chief--- wrote:

As this comes up regularly the Garda normally asks when taking down details from a license "Is this your current address"

If it was a speed camera which there are very few how did the person not receive the fine but receive the summons ??

Indeed it would have been his current address, often the gardai say nothing about the outcome and you just get a fine in the post. In the meantime he could have moved, never have received the fine, registered his change of address, the Garda checked pulse and then applied for a summons then delivered it to the new address

Victor_M

Cactus Col wrote:

You'll find if you don't speed and obey the rules of the road you don't need to worry.

That said, obviously if you could do that you wouldn't have 8 points anyway.

Very Helpful:rolleyes:

drdre

Cactus Col wrote:

You'll find if you don't speed and obey the rules of the road you don't need to worry.

That said, obviously if you could do that you wouldn't have 8 points anyway.

Thats a very intelligent reply.I know that.Tell me something i dont know

Fey!

OT - To be fair to DrDre, from reading his posts on here for the last while, he appears to have learnt his lesson.

However, this being t'internet, nobody here ever seems to have lived in a glass house.

Stark

The address on my licence is different to the address my car is registered at. The address on my previous licence showed an address I was renting for a while, then I was living in a new place for several months before getting a new licence with the new address. My car is registered to my parents' address.

If I was caught speeding by a camera or whatever, would the points and fine go to the parents' address (the registration address of the car) or whatever address was on my licence at the time?

drdre

Fey! wrote:

OT - To be fair to DrDre, from reading his posts on here for the last while, he appears to have learnt his lesson.

However, this being t'internet, nobody here ever seems to have lived in a glass house.

Thanks fey and i dont need to be told that you get points for speeding.I think i know that.:rolleyes:
I havnt got points since early last year so i have learnt my lesson.

Turner

Stark wrote:

The address on my licence is different to the address my car is registered at. The address on my previous licence showed an address I was renting for a while, then I was living in a new place for several months before getting a new licence with the new address. My car is registered to my parents' address.

If I was caught speeding by a camera or whatever, would the points and fine go to the parents' address (the registration address of the car) or whatever address was on my licence at the time?

Fine would go to your parents address.

Eventually the summons would too, it can be served on either of your parents by a garda in person.

Supercell

If you update the address for tax purposes, say if you move house and buy a new car afterwards, does your license address automatically get updated?

I assumed it did but am beginning to wonder if the two systems do not verify with each other?
If they don't, could i walk into the local Garda station and ask them to check if I've any points since moving house last autumn?!!

legs11

thats ballix, he should appeal. very unfair IMO.

DrDre, you never cease to amaze me, we know you got a passion for speed :rolleyes:
but why were you interested in buying the polo which is now happily living peaceful life in the ocean bed........

thought you might like something with a bit more ooomph.....!

drdre

legs11 wrote:

thats ballix, he should appeal. very unfair IMO.

DrDre, you never cease to amaze me, we know you got a passion for speed :rolleyes:
but why were you interested in buying the polo which is now happily living peaceful life in the ocean bed........

thought you might like something with a bit more ooomph.....!

I have too many penalty points so im going to use a under powered car for 1 yr till some points come off

yayamark

Stark wrote:

The address on my licence is different to the address my car is registered at. The address on my previous licence showed an address I was renting for a while, then I was living in a new place for several months before getting a new licence with the new address. My car is registered to my parents' address.

If I was caught speeding by a camera or whatever, would the points and fine go to the parents' address (the registration address of the car) or whatever address was on my licence at the time?

all depends
1. if u were stopped ba a garda he can do two things
(a) take down the address off ur licence
(b) or ask u for ur present adress

if u are to be summonsed for this offence whatever address the garda takes down this is the address the summons will be sent to

2. if u are caught by the camera the fixed charge notice will be sent to wherever the vehicle is registered.


hope that makes sense:cool:

AntiVirus

craichoe wrote:

NOT true, The Garda can inform the DPP of the circumstances and the DPP can request to the case stricken out.

I had the same thing happen to me, they gave the summons to my parents and i wasn't in the country, came back and contacted the Garda, i had presented my License and Insurance Cert in the wrong station, stupid me But the garda said it was fine and to turn up in court anyway.

Still had to go to court but i just stood up when called and the DPP said "We request that be struck out Judge"

You didn't have the same thing happen to you. If you didn't pay a speeding fine you would have to go to court. It cannot be struck off! Simple really.

mkennedy

drdre wrote:

Speeding over the past 3yrs . Hopefully 4 are coming off by october.

I can sympathise.
unfortunately I got a few (including 2 "soft" points for not wearing seatbelt around town).
can't wait to get rid of them obviously.

should be a nice feeling getting rid of 4 though. i'm due to get rid of 2 next year as well-
do you think it has changed your behaviour for the future.

drdre

mkennedy wrote:

I can sympathise.
unfortunately I got a few (including 2 "soft" points for not wearing seatbelt around town).
can't wait to get rid of them obviously.

should be a nice feeling getting rid of 4 though. i'm due to get rid of 2 next year as well-
do you think it has changed your behaviour for the future.

Yeah i got 2 for seatbelt in town.i think thats really stupid ,not because i got them but minor issues should be on the licence for 1 yr not 3.Seriously the govenment should look into this.

legs11

i got 2 points and proud.....:D

had 4 but two got taken off, two for speeding actually, in a civic coupe sr, on the limerick dual carriage way. fast car that, actually one of the best i drove.

got 2 for cought with no belt headin to work in cork few yrs ago, the ballix was waitin around a corner and legged up behind me in a bike, i was tempted to slide the belt on while he was chasing me in his bike, but was too innocent.
:rolleyes:

Seth Brundle

drdre wrote:

I have too many penalty points so im going to use a under powered car for 1 yr till some points come off

...and then get a bigger car so you can collect more points?
No offence but if you have a habit of building up points then it could as easily happen in any car.

mkennedy wrote:

I can sympathise.
unfortunately I got a few (including 2 "soft" points for not wearing seatbelt around town).

What are soft points? I don't know how soft they are but Im confident they are a lot softer than the landing you might get in a heavy impact.
Learn your lesson from getting them!

drdre wrote:

Yeah i got 2 for seatbelt in town.i think thats really stupid ,not because i got them but minor issues should be on the licence for 1 yr not 3.Seriously the govenment should look into this.

Surely not wearing a seatbelt is not a minor issue? Have you really not heard of the benefits of seatbelts?

bogmanfan

Chief--- wrote:

As this comes up regularly the Garda normally asks when taking down details from a license "Is this your current address"

If it was a speed camera which there are very few how did the person not receive the fine but receive the summons ??

Change of address form must have been processed some time between the fine and the summons being sent out. Turns out he hadn't sent off the Change of Address form immediately after moving. Still think it was very harsh though. He had no problem with getting the 2 points and paying the fine. It seems stupid that nothing can be done between the summons and the court date. Most of the other speeding fines were pleading no contest. Why take up the court's time with this. Court date should only be in the case of someone contesting the charge surely.

Victor_M

kbannon wrote:

...and then get a bigger car so you can collect more points?
No offence but if you have a habit of building up points then it could as easily happen in any car.

What are soft points? I don't know how soft they are but Im confident they are a lot softer than the landing you might get in a heavy impact.
Learn your lesson from getting them!

Surely not wearing a seatbelt is not a minor issue? Have you really not heard of the benefits of seatbelts?

I agree strongly with Kbannon on this one, I didn't think anyone drove around without their seatbelts on any more!
You are asking for trouble both from the Gardai and if you are involved in even a minor accident you can end up seriously injured.

You need to change you 'soft points' attitude big time.

Mitch Connor

Victor_M wrote:

I agree strongly with Kbannon on this one, I didn't think anyone drove around without their seatbelts on any more!
You are asking for trouble both from the Gardai and if you are involved in even a minor accident you can end up seriously injured.

You need to change you 'soft points' attitude big time.

they are soft points, the only person you are putting in danger is yourself. I think it is an offence that should carry a fine, not points.

Seth Brundle

Not true!
If you are unrestrained in a vehicle you can injure others in the vehicle.
Stop defending stupidity!

MrPudding

kbannon wrote:

Not true!
If you are unrestrained in a vehicle you can injure others in the vehicle.
Stop defending stupidity!

Not to mention the mental trauma you would cause to witnesses as you sail through the windscreen and go bouncing up the road.

MrP

6th

Cactus Col wrote:

You'll find if you don't speed and obey the rules of the road you don't need to worry.

That said, obviously if you could do that you wouldn't have 8 points anyway.

Well said.

Mitch Connor

kbannon wrote:

Not true!
If you are unrestrained in a vehicle you can injure others in the vehicle.
Stop defending stupidity!

We were talking about people DRIVING the car, adn we don't know that anyone was in the car with these people at the time, so they are only a risk to themselves if drving alone. Also, i'd be surprised if an unrestrained driver would injure people, given the confines of the drivers seat.

Fey!

Tauren wrote:

We were talking about people DRIVING the car, adn we don't know that anyone was in the car with these people at the time, so they are only a risk to themselves if drving alone. Also, i'd be surprised if an unrestrained driver would injure people, given the confines of the drivers seat.

Darwinism in action???

Seth Brundle

Tauren wrote:

Also, i'd be surprised if an unrestrained driver would injure people, given the confines of the drivers seat.

What confines? It wouldn't take much to remove the driver from their seat despite the steering wheel. What happens to the driver if the car is hit from the side?

jhegarty

Tauren wrote:

they are soft points, the only person you are putting in danger is yourself. I think it is an offence that should carry a fine, not points.

What about the poor person who has to scrape you off the road ? nothing going to be nice for them is it

Mitch Connor

well, it would be one less idiot on the road.

I wear my seatbelt whenever i drive. it is the first thing i do when i get into the car - same with all myfirends and family. I think it is important to wear a seat belt - but i do not think someone driving alone should be given penalty points if they are not wearing one. Personally, i think penalty points should only be given for dangerous driving that puts others at risk.

MrPudding

Tauren wrote:

well, it would be one less idiot on the road.

I wear my seatbelt whenever i drive. it is the first thing i do when i get into the car - same with all myfirends and family. I think it is important to wear a seat belt - but i do not think someone driving alone should be given penalty points if they are not wearing one. Personally, i think penalty points should only be given for dangerous driving that puts others at risk.

Lets say you are driving along minding your own business, then completely unrelated to you there is an incident, during this incident some tosser who was not wearing a seatbelt is ejected from his car into your path. This tosser is now a hazard and is putting you at risk.

Whilst the fact that he may not survive and will have taken themselves out of the genepool, allowing seatbelt wearers to thrive you have most likely just witnessed Darwinism in action will only be small comfort when consider against the danger you now face.

Not wearing a seatbelt is a risk to other road users.

MrP

drdre

kbannon wrote:

...and then get a bigger car so you can collect more points?
No offence but if you have a habit of building up points then it could as easily happen in any car.quote]

Yes plan is to get the 1.4 gt golf which is 170bhp.Hopefully next year

Mitch Connor

MrPudding wrote:

Lets say you are driving along minding your own business, then completely unrelated to you there is an incident, during this incident some tosser who was not wearing a seatbelt is ejected from his car into your path. This tosser is now a hazard and is putting you at risk.

Whilst the fact that he may not survive and will have taken themselves out of the genepool, allowing seatbelt wearers to thrive you have most likely just witnessed Darwinism in action will only be small comfort when consider against the danger you now face.

Not wearing a seatbelt is a risk to other road users.

MrP

I would say that in all likelyhood - you should be slowing up as a result of the crash in the first place.

MercMad

The strange thing is that you ARE obliged to update your vehicle ownership details, i.e change of address and this is easily done whilst taxing tyhe car, but you are not obliged to change the deatils on your licence. It is simply reccomended !!

MrPudding

Tauren wrote:

I would say that in all likelyhood - you should be slowing up as a result of the crash in the first place.

And your point is?

MrP