Driving fine

ironingbored

I was stopped by the guards six weeks ago and told I would be given a fine for having passed when the traffic light was amber.

After hoping that the guard in question might take into account a mitigating circumstance, I received the fine in the post this morning.

It reads "it is alleged you committed an offence Driving Past a Non Flashing amber light although it was safe to stop before it."

I wanted to know roughly what happens if I decide to contest and go to court?

Also, according to the RSA web site An amber light means that you must not go beyond the stop line or, if there is no stop line, beyond the light. However, you may go on if you are so close to the line or the light when the amber light first appears that stopping would be dangerous.

I believe I was so close to the light that stopping would have been dangerous.

I was also told by the guard in question that due to it being a Saturday night I should be on the lookout for drunken revelers spilling out into the street.

Is it just me or is this logic extremely warped?

I was on my way to the pharmacy for my wife for what it's worth.

I'm not looking for advice (as that's against the rules) as such but I'd like to know:

1) What happens (procedurally) if I decide to contest and go to court?
2) Is it true that many guards fail to turn up and (minor) cases are thrown out?
3) The % of similar traffic cases where the judge rules in the favour of the defendant (if that's that proper term)?

Thanks

sickpuppy32

i believe u can write a note of appeal to the garda inspector for the area claiming mitigating cicumstances like you need car for job etc

PCPhoto

if you dont pay the fine - in a couple of weeks/months you will receive notification of a court date.

you turn up: state your case, garda states his/her case: you get to question/cross examine the garda then judge makes his/her decision on the matter.

my advice is take photos of the junction in question - so you can indicate your position in relation to the traffic lights and approximate speed at the time of the alleged offence.

the better you present your case to the judge the better your chances of winning or getting the case struck out.

Reloc8

In a general sense where a fixed fine & penalty notice is issued you either pay the amount stated, and the stated points are applied to your licence, within the time frame set out (28 days or 56 days in the latter case the fine goes up, from memory) or you don't pay the fine and you await a summons.

The case is then heard by a District Court Judge and if convicted the fine is generally a tad higher than the fixed penalty. If convicted a higher tally of points (usually twice that of fixed notice if paid) is automatically applied to your licence and there is no discretion in the Judge to decide not to apply points/apply less points or whatever.

At the hearing if contested, broadly, presuming the summons is technically in order, the garda swears up and goes first stating what happened on his/her recollection, the defendant can ask any questions he/she likes as can the judge, and then the process is repeated with the defendant in the witness box (that is presuming that what the garda says happened constitutes the commission of the offence if not contradicted). Judge then gives a decision, convict or dismiss. It is not common but not unheard of for a Judge hearing a minor road traffic matter to find the facts proven against a defendant but to dismiss under S. 1(1) of the Dublin (Probation of Offenders) Act 1908, which is as good as a dismiss where there are strong mitigating circumstances.

(That's basically what happens procedurally if a person decides to contest)

Q2 'many' no, 'very occasionally' yes (and as often when it happens the case is adjourned - complete pain in the behind for a defendant - two days out in court), 'sound basis on which to form a decision to contest' no.

Q3 Anyone who gives you a % is making it up.

Anything more specific to your particular situation - you're into legal advice territory there and that's for a solicitor to talk to you about.

Jo King

These cases are tried in the District Court. What will happen will depend heavily on the judge who is sitting. Some will automatically side with the garda version of events and others will dismiss at the drop of a hat. Most will be somewhere in between. There will most likely be many similar cases dealt with on the same day and the court will give the minimum of time to dealing with the matter. You face the possibility of either having the charge dismissed on the first day or getting a heavy fine from an exasperated judge with maybe an adjournment or two thrown in.
If you have time you should visit your local District Court when it is sitting and watch what happens.

Reloc8

Jo King wrote: »

If you have time you should visit your local District Court when it is sitting and watch what happens.

That's an excellent suggestion.