Summons

Kauto

Hey court case tomorrow for non payment of fine for being on mobile phone and have been told by local gardai that i can expect a fine of €700 and 4 penalty points. Is this correct? I know the penalty points is correct but the fine? Genuinely forgot.

Mr. Incognito

whoops.

Have you thought about contacting a solicitor?

Here's hoping the guard doesn't show up.

seamus

Sounds about right. You are given the option to pay a fixed charge and you have 28 days to pay that. If you fail to pay that, you have another 28 days to pay a higher fixed charge.

If you fail to pay that, it's a mandatory court appearance, where the court can issue a fine of up to €2000. €700 is probably the average based on the Garda's experience. The Judge can choose not to issue a fine, but that's is ridiculously unlikely.

He won't take "I forgot" as an excuse either.

rathbaner

First up: You must appear in court.
Dress well.
The case will take 2 mins max so the judge will size you up in an instant.
Second: If you are at fault, do not contest the charge. Just stand up when your name is called. Don't smile.
Third: Have a solicitor do the talking for you.
Solicitor: "Judge, the defendant is in court (pointing at you standing) s/he is not contesting the charge and apologises to the court. It was an aberration and an oversight and it won't happen again."
Judge: [Sizes you up - looks to prosecuting Garda] "Have you anything to add?"
Garda: [Fumbling and mumbling cos s/he's terrified of the judge]
Judge: "Very well....................[verdict]"

You will be get off lightly if the Garda doesn't show, pisses off the judge, if there is a row in court just prior to you being called or if the judge is having a bad day at the office. It may be that you are ordered to pay a sum to a charity.

If you piss the judge off then you will get a hefty fine, points and a lengthy lecture and the next guy will get off lightly.

good luck

Rosita

rathbaner wrote: »

First up: You must appear in court.
Dress well.
The case will take 2 mins max so the judge will size you up in an instant.
Second: If you are at fault, do not contest the charge. Just stand up when your name is called. Don't smile.
Third: Have a solicitor do the talking for you.
Solicitor: "Judge, the defendant is in court (pointing at you standing) s/he is not contesting the charge and apologises to the court. It was an aberration and an oversight and it won't happen again."
Judge: [Sizes you up - looks to prosecuting Garda] "Have you anything to add?"
Garda: [Fumbling and mumbling cos s/he's terrified of the judge]
Judge: "Very well....................[verdict]"

You will be get off lightly if the Garda doesn't show, pisses off the judge, if there is a row in court just prior to you being called or if the judge is having a bad day at the office. It may be that you are ordered to pay a sum to a charity.

If you piss the judge off then you will get a hefty fine, points and a lengthy lecture and the next guy will get off lightly.

good luck

Is it not a complete waste of money to have to pay a solicitor to do the talking for someone in pretty much an open and shut case?

I have seen solicitors in court more times than I can remember and it is rare enough that they get to argue a point of law. I rarely see one need to display a legal awareness and knowledge in starightforward cases and many times it is just a case of arguing for mitigation which presumably an articulate defendant would be able to do without the associated cost.

Or am I missing something?

wasper

Kauto wrote: »

Hey court case tomorrow for non payment of fine for being on mobile phone and have been told by local gardai that i can expect a fine of €700 and 4 penalty points. Is this correct? I know the penalty points is correct but the fine? Genuinely forgot.

That's one expensive mobile call. It could have been worse, if you had an accident & could have killed yourself or an innocent person.

pigeonbutler

Rosita wrote: »

Is it not a complete waste of money to have to pay a solicitor to do the talking for someone in pretty much an open and shut case?

I have seen solicitors in court more times than I can remember and it is rare enough that they get to argue a point of law. I rarely see one need to display a legal awareness and knowledge in starightforward cases and many times it is just a case of arguing for mitigation which presumably an articulate defendant would be able to do without the associated cost.

Or am I missing something?

Showing up without a solicitor can give the impression that you're not taking things seriously enough. I think that's the general thinking.

Stufinnegan

pigeonbutler wrote: »

Showing up without a solicitor can give the impression that you're not taking things seriously enough. I think that's the general thinking.

I've represented myself in court and I believe that if you dress well, take the whole deal seriously, plead guilty and make no excuses the judge will dish out the same punishment regardless.

rathbaner

Rosita wrote: »

am I missing something?

The law isn't an issue here, as I understand it. The issue is how to get more lenient punishment. A solicitor is more likely to deal with it with minimum fuss. That's more likely to get a result.

The Corinthian

Stufinnegan wrote: »

I've represented myself in court and I believe that if you dress well, take the whole deal seriously, plead guilty and make no excuses the judge will dish out the same punishment regardless.

Not always. Judges are often dreadful snobs; they react to well spoken, well dressed, middle-class defendants far more positively than to Stabbo from the Mansions in his Nike outfit.

rathbaner wrote: »

The law isn't an issue here, as I understand it. The issue is how to get more lenient punishment. A solicitor is more likely to deal with it with minimum fuss. That's more likely to get a result.

Not really in a case such as this unless they can get you off on a technicality which is very unlikely (a technicality is more likely to get an adjournment rather than a dismissal). Additionally a solicitor will cost a minimum of €300 (plus VAT) to appear in court, so you really won't save much, if anything.

The best advice is to ask around for similar experiences, turn up looking like a respectable and productive member of society and in the court, try to be humble, friendly, helpful and in no way aggressive towards the judge.

bealbocht

Do dress well.. , but smart casual is fine.

Why did you not pay the fine.
You better have a good answer ready for this,

If it is the first time you have ever got a fine , say this.
Say some how the time just flew by, and ....

Whever you say...

(unless you are pleading not guilty.. which I assume you are not.. but you can if you like...)

Do aplogoise to the court, ie, Judge/your honour/sir whatever it is.., I would like to aplogise to you , the guard and the court, for wasting your time (and if you want to go for it.,..) and taxpayers money.. , because I could not get my head out of my hole to pay this fine...

you may want to fine tune it a bit..

From what I have seen, I think the only difference a solicitor makes in this case is that the judge splits the fine between the state/and his "brother in law" (ie, he kind of allows for the cost of the solicitor in the amount of the fine)

I was up for a traffic offence once, (no fine just a summons) and it got thrown out and I dont know why, the only thing I can think of, is that the judge wanted to go for his break.


Courts are great fun.. but would only recommend them as a spectator.. not a participant..

finbarrk

The Corinthian wrote: »

Not always. Judges are often dreadful snobs; they react to well spoken, well dressed, middle-class defendants far more positively than to Stabbo from the Mansions in his Nike outfit.

Not really in a case such as this unless they can get you off on a technicality which is very unlikely (a technicality is more likely to get an adjournment rather than a dismissal). Additionally a solicitor will cost a minimum of €300 (plus VAT) to appear in court, so you really won't save much, if anything.

The best advice is to ask around for similar experiences, turn up looking like a respectable and productive member of society and in the court, try to be humble, friendly, helpful and in no way aggressive towards the judge.

I don't think a solicitor thats in court anyway would charge €300 for a few minutes work. You could maybe meet one of them before the court starts and 3 mins would explain everything to them.

Davstrom

Kauto wrote: »

Hey court case tomorrow for non payment of fine for being on mobile phone and have been told by local gardai that i can expect a fine of €700 and 4 penalty points. Is this correct? I know the penalty points is correct but the fine? Genuinely forgot.

Same thing happened to me, result: €200 fine 4 points. Unpleasent but thems the breaks. Sorry.

Jack Sheehan

Arent there always solicitors hanging about that will do the case for free as they want court hours?

buckrodgers

My boss was up for the same thing yesterday. It was over in two seconds. He went to pay the fine but missed the date. The judge wasnt interested in what he had to say. He got a €300 fine and 4 points.

GigaByte

Same thing happened to me with a speeding fine I didn't pay.

I didn't go to court but got a solicitor to go on my behalf and ask for an extension to pay the fine. The judge granted me an extra 14 days to pay the fine. The solicitor did cost 100 euros. :pac:

No one will be able to tell you what will happen because it really depends on what mood the judge is in.

Good Luck