trying to understand

seanlar

what happens if i am on holidays and summoned to court on a dangerous driving charge,:):cool:how long does it take to be summoned on said charge time period

Robbo

It all depends on how many smiley faces are contained in the summons.

seanlar

sorry only new to this and computers just looking for some answers:mad:happy now

GerardKeating

seanlar wrote: »

what happens if i am on holidays and summoned to court on a dangerous driving charge,:):cool:how long does it take to be summoned on said charge time period

They cannot actually serve a summons while you are away.

Reloc8

How long it takes to be summonsed depends on charge. Dangerous Driving, as opposed to Dangerous Driving causing death or serious injury, is a summary charge and therefore the summons has to be applied for within 6 months of the incident giving rise to complaint. It can take a number of months following this - certainly up to a year post incident is not unusual, for you to receive the summons.

The summons will recite when it was applied for - this is the important date as regards time limits. There is no proscribed time period within which it must be served although anything very much outside say 14 - 16 months post incident is pushing the limits on a prosecution which might be in trouble for being delayed to the extent of preventing a fair trial.

As noted, you have to in fact be served. Although this is often done by popping it in your letter box, if this is what happens and you're not their the case will be adjourned until you can be personally cautioned to appear in court.

You normally get a couple of weeks notice of what the court date is, but it could be less than this, or considerably more.

seanlar

ok sincerely thanks for your replies...have anorther question please.who determines what is a dangerous bend if there is no warning signs or no road markings.can the gardai just say this is a dangerous bend.and if your not in the country when summons is served and it is served by post...how do they know that you where out of the country.if they dont know your out of the country and court date goes ahead is there a warrant issued for you.

Reloc8

The question of it being a dangerous bend doesn't really arise - its the manner of driving in all of the circumstances including road condition, weather, traffic which is present or might reasonably be expected to be present that matters.

Of course, if a location is clearly marked as a black spot location or has 'caution' or 'very slow' etc. markings/signs then this is objectively suggestive that the location should be driven through with far more care than another given location.

The garda can give evidence as to the manner of the driving and describe the location of the incident. Technically his opinion on whether the location is a 'dangerous' bend is probably not relevant but he will likely be permitted to offer it for what it is worth, subject to the trial judge.

seanlar

sorry for not explaining my self correctly...i was stopped on a so called dangerous bend ...there was no road signs no road markings ..had my hazard lights on...was picking up a friend for work...guards came up behind me....and now they are saying i will be summons for dangerous driven.never been in court before..that was the 4th of november but will be out of the country jan and feb...is there a warrant issued for me if i do not turn up to court,if i am out of the country...and the summons comes for those dates...what is the best way to go forward with this.

Reloc8

No I get what you're saying alright, no problem there.

Your main current concern appears to be that you might be out of the country if a case is commenced against you. Rationally speaking the odds are that you will in fact not be out of the country at the relevant time. if the summons arrives while you are out of the country and the date for attending court is also before you come back, the case will be adjourned as you won't have been personally served.

If the summons arrives before you leave and the first date for court is while you are away, get onto a solicitor and they will arrange for the thing to be put back for you (if the charge is dangerous driving you will certainly need at the least a solicitor to represent you).

Now, not to pre-judge anything, from what you say, presuming that is the full extent of it, I would give you, for what it is worth, even money odds on you even being prosecuted in the first place. That said if your name and details were taken perhaps this is indeed going to happen, but one step at a time.

It would be no harm for you to take photographs of the location from every angle including entry and exit of the bend, and showing lack of markings etc. just so that there is an objective record. Aside from doing that, put this out of your head until and unless you get a summons.

seanlar

reloc 8 thank you very much