Convicted for speeding,,,not havin that.....

Scania580

I attended court 2 weeks ago in dublin.I represented myself like many others.I politely told the judge that i was sorry to be before the courts as i live in wicklow and was distressed by the occasion,but hadnt been afforded the oppertunity to deal with the matter at the summons stage and would have paid the fine at that stage but never recieved any notice before the court summons was delivered to my door. I showed all my documents to the garda when stopped for speeding but still got summoned for non production of all documents.So i had 8 charges against me instead of one. 7 were dismissed when i produced insurance,nct licence....ect... I can only guess the garda rekoned that after dismissing 7, i`ll surely get done for one.
I told the judge im not contesting the speeding charge but i wasnt given due prossess i.e. the oppertunity to just pay 80 euro and get 2 points.The judge completely ignored me and just kept asking me,,,ARE YOU PLEADING GUILTY OR NOT GUILTY....The garda was smirkin over at me and to be honest i felt intimidated with the whole court staring at me so i said yes i am guilty of speeding at 70km in a 50km....He said convicted 325 fine next........Im appealing.Not havin that,no way,I was bullied,and ignored by the judge.......:cool:

Darsad

Not that it should have a bearing but just out of interest what age are you !

Scania580

:eek:

mp22

Usually you plead not guilty,the guard gives his side of the story,you give yours,the judge makes up his mind.As far as I know you must plead one way or the other at the start.

I'm listening

These sort of posts are pointless. There are two sides to every story.

This thread is going to end up like the last one with people bitching over stupid things! :rolleyes:

The one accurate piece of information in the story is that you were speeding, next time follow the speed limit and save yourself the hassle.

Scania580

next time....bla bla bla.id rather you didnt waste your valuable time.you obviously know sweet fa about life on the road:cool:

Abelloid

I'm listening wrote: »

The one accurate piece of information in the story is that you were speeding, next time follow the speed limit and save yourself the hassle.

It's usually at this point a thread becomes very boring and pointless. :rolleyes:

ytareh

If there was a 'thumbs DOWN' option now "Im listening" Im guessing your post would have dozens of peoples names after it by now .It sounds as if the OP has been very shabbily treated.

I'm listening

Scania580 wrote: »

next time....bla bla bla.id rather you didnt waste your valuable time.you obviously know sweet fa about life on the road:cool:

:rolleyes:

Have this sort of attitude when pulled over. Case closed

jaffa20

Sorry...to...hear...that,,,OP.

Wolflikeme

I'm listening wrote: »

These sort of posts are pointless. There are two sides to every story.

This thread is going to end up like the last one with people bitching over stupid things! :rolleyes:

The one accurate piece of information in the story is that you were speeding, next time follow the speed limit and save yourself the hassle.

This sort of post is pointless! Did you even read the OP...properly!? It's kind of narrowmindedness that irks me.

He didn't contest the speeding but rather wasn't given an opportunity to pay the fine etc which he, as everyone is, as is the law (no ?!) is entitled.

Wolflikeme

I'm listening wrote: »

:rolleyes:

Have this sort of attitude when pulled over. Case closed

You clearly have no idea. Bedtime.

Scania580

Im always very polite.this is not about complaining i was caught,,,its about DUE PROCESS....Which i didnt feel i got...Im not contesting the fact that i was speeding..Your missing the point taber.:o

I'm listening

Wolflikeme wrote: »

He didn't contest the speeding but rather wasn't given an opportunity to pay the fine etc which he, as everyone is, as is the law (no ?!) is entitled.

I'm not disagreeing with the OP, just saying, that's his side of the story, of course he/she is going to portray it in a way that makes him,her look like the victim.

DublinWriter

You obviously don't like the fact that you were shown the same level of contempt that you yourself had for the speed limit in the first place.

I'm listening

Wolflikeme wrote: »

You clearly have no idea. Bedtime.

What's that about? Seriously?

We are on boards, lighten up a bit.

Smile

Wolflikeme

I'm listening wrote: »

I'm not disagreeing with the OP, just saying, that's his side of the story, of course he/she is going to portray it in a way that makes him,her look like the victim.

Apologies then. Yeah I guess you've a point alright. It's just I understand where the OP's coming from. Had an 'incident' quite a few years back and the charges I was up for - I wasn't even near the place!

Scania580

IM NOT CONTESTING THE SPEEDING CHARGE....FOR GOODNESS SAKE....DID YOU BOTHER TO READ WHAT I WROTE.......:mad:

liamwhite

Hang on just a minute! If the op is trying to get a point across and get something off his/her chest then thats fine, thats what boards.ie is about! seeking advice, not to be insulted. If you would like my opinion forget all these perfect law abiden people that replied with silly answers! If i were you id just pay the fine, appeal it and you might get double the trouble for wasting time. Not saying that you would be wasting there time in our eyes, but in there eyes you would be. The first case was the time to plead not guilty and fight it! but seen as you pleaded guilty then obviously it was your first offence and your not use to this sort of thing, lesson learned. next time you know what to do, but for this time just pay the fine and forget about it as this is Ireland and to go against the law is a huge fight, and when you go against them they bite back twice as hard. The truth is the gardai in this country have not got a single clue what they are doing and the judges are just depressed old farts that live alone because there wives left them so they have a chip on there shoulder (well most of them do) TRY GETTING A 8000 EURO FINE OFF E-FLOW lol because i put my old tag on my new car thinking that it would work and over a period of time they mounted up and the fines went to my old address now thats a kick in the ass! lol just tought id make your situation less painfull by sharing my painful situation lol NOW!! if you were going 50 km an hour on a 80 km an hour zone and you got done id fight it all the way no matter what. but you didnt and that will go against you, not trying to be smart, just helpful also i know that you are not trying to contest the speed you ere going, but if you go back to court they wont listen to it trust me! They will just hit you with a bigger fine for going up against them.

Scania580

liamwhite wrote: »

Hang on just a minute! If the op is trying to get a point across and get something off his/her chest then thats fine, thats what boards.ie is about! seeking advice, not to be insulted. If you would like my opinion forget all these perfect law abiden people that replied with silly answers! If i were you id just pay the fine, appeal it and you might get double the trouble for wasting time. Not saying that you would be wasting there time in our eyes, but in there eyes you would be. The first case was the time to plead not guilty and fight it! but seen as you pleaded guilty then obviously it was your first offence and your not use to this sort of thing, lesson learned. next time you know what to do, but for this time just pay the fine and forget about it as this is Ireland and to go against the law is a huge fight, and when you go against them they bite back twice as hard. The truth is the gardai in this country have not got a single clue what they are doing and the judges are just depressed old farts that live alone because there wives left them so they have a chip on there shoulder (well most of them do) TRY GETTING A 8000 EURO FINE OFF E-FLOW lol because i put my old tag on my new car thinking that it would work and over a period of time they mounted up and the fines went to my old address now thats a kick in the ass! lol just tought id make your situation less painfull by sharing my painful situation lol NOW!! if you were going 50 km an hour on a 80 km an hour zone and you got done id fight it all the way no matter what. but you didnt and that will go against you, not trying to be smart, just helpful

your input is valuable

drunkmonkey

Scania580 wrote: »

Im appealing.Not havin that,no way,I was bullied,and ignored by the judge.......

You pleaded guilty, what else was the judge supposed to do (give you a hug and sympathise with you)

Think you'll just have to take this one on the chin, you slipped up, nobody intimidated you, it was all in your head, if the Garda was like most of the ones I know he was probably thinking of boobs not how am I going to screw this mofo.

Scania580

drunkmonkey wrote: »

You pleaded guilty, what else was the judge supposed to do (give you a hug and sympathise with you)

Think you'll just have to take this one on the chin, you slipped up, nobody intimidated you, it was all in your head, if the Garda was like most of the ones I know he was probably thinking of boobs not how am I going to screw this mofo.

I expected to be heard not ignored.......I made a valid point that the judge chose to ignore.

biko

All you can do is either pay now or try to appeal and hope for the best from next judge. However if a letter was sent out and was lost by An Post/mail man/yourself there is nothing you can do imo.

Until fines are sent registered these things will happen.

liamwhite

drunkmonkey wrote: »

You pleaded guilty, what else was the judge supposed to do (give you a hug and sympathise with you)


Actualy yeah!!! you got it in one, the judge should sympathise a little and at least have given the op a chance to actualy speak there side of the story not shake them off like **** on there shoe..! This is not the special criminal court were talking about here pal, the op didnt commit a murder, he/she commited a road traffic offence that 99% of us commit everytime we get into our cars! jesus give me one person that never went over the speed limit in this country an ill actualy pay the fine for the op myself!

This is a country were its 80km per hour on many backroads with bends like a u-nail, and yet its the same speed limit on the n4???!! HELLLLLOOOOOOOOOOOO!!!!!

drunkmonkey

Scania580 wrote: »

I expected to be heard not ignored.......I made a valid point that the judge chose to ignore.

You said yes, if you had of said no you could have challenged it there and then. Your guilty and you admitted it.

Did you get just the fine and no penalty points? Next judge could give you worse, well more points anyway.

drunkmonkey

liamwhite wrote: »

Actualy yeah!!! you got it in one, the judge should sympathise a little and at least have given the op a chance to actualy speak there side of the story not shake them off like **** on there shoe..

Sympathise, he should throw away the key or have his car crushed, speeding is not funny and i'm one of those 1% that don't speed.

Big Nasty

Scania580 wrote: »

I expected to be heard not ignored.......I made a valid point that the judge chose to ignore.

Scania, I'm presuming you're a truck driver by your username. I know we all got places to go but the speed was a little excessive considering your *assumed* profession.

In relation to never receiving a summons and not getting a chance to speak up for yourself I feel that is bad however as you already pleaded guilty I'm not sure how much use an appeal will be to you.

Scania580

drunkmonkey wrote: »

You said yes, if you had of said no you could have challenged it there and then. Your guilty and you admitted it.

Did you get just the fine and no penalty points? Next judge could give you worse, well more points anyway.

Its not about guilty or not guilty....one has the chance to pay by post get points and no conviction...I didnt get that chance......Cant be given any more than 4 points and soiictor said they wont increase fine either,or its unlikely...so i`ve little to loose and all to gain...:)

liamwhite

drunkmonkey wrote: »

Sympathise, he should throw away the key or have his car crushed, speeding is not funny and i'm one of those 1% that don't speed.

I HOPE YOU NEVER BECOME A COP! I personaly think your comment there was a bit over the top to be honest, i doubt your so perfect and i realy doubt that you ever went over the speed limit ever in your life! Could there realy be somebody that perfect???

The op went over the speed limit along with nearly every car in his/her perimiter aswel unless of course mr perfect (you) were driving on the same road.

Scania580

drunkmonkey wrote: »

Sympathise, he should throw away the key or have his car crushed, speeding is not funny and i'm one of those 1% that don't speed.

I was stopped at the entrance to the port tunnel dublin 3.There is a hill there that leads to the toll booths,the garda was standing behind a sign for the toll prices.Special speed limit goes from 80 to 50 km.Hardly reckless is it.:cool:

GTE

The problem with this place is you get people who think their opinion is gold (like myself ) and anyone who disagrees with it should be shot. Sadly thats more noticeable then the genuinely logical answers that many other members post.

Anyway, back to my factpinion lol

Speeding isnt a good thing and since it was 70 in a 50 zone (I think thats what you said) it was in a built up area and was, silly to say the least.

I dont care if you taint the story with bias and no one esle should either, its no skin off our noses because if you appeal and you go around with that kind of attitude you will be caught out, but if you indeed werent given the chance to pay your fine and you were sent straight to court then I think that you were wronged and you should check it out. Personally I would like to believe that you were genuinely wronged and that you are not having a punt. Sure, if you did get the letter and ignoreed what help would it be bitching about it here?

I think the mod made a great point that if things arent registered posted then you will get mistakes, but the judge should recongnise this and give you a chance to plead your case at least! That should be the thing aimed at now. Judges probably have people saying they didnt get the letter even when they did so he can be very unwilling to bother with every person that pops up saying that story, it shouldnt happen though but registered post I think would fix that.

drunkmonkey

liamwhite wrote: »

Could there realy be somebody that perfect???

.

he's called Noel, he's got big plans for all you speeders, you'll all get your cars taken away and get them replaced with these.

I'm listening

liamwhite wrote: »

The op went over the speed limit along with nearly every car in his/her perimiter aswel unless of course mr perfect (you) were driving on the same road.

You can't catch everyone for speeding, there's not the resources and you can't let everyone away with speeding because you can't get everyone.
That's how it works, some get caught and the people who speed on a regular basis, hopefully get caught at some stage!

The OP was one who was caught! Admitted Guilt, end of story.

It's a balls, but complaining about it on boards and looking for people like Liamwhite who don't give a S*** about rules of the road to back you up, won't make the fine go away

Reganio 2

Don't break the law then? Your own fault.

Scania580

bbk wrote: »

The problem with this place is you get people who think their opinion is gold (like myself ) and anyone who disagrees with it should be shot. Sadly thats more noticeable then the genuinely logical answers that many other members post.

Anyway, back to my factpinion lol

Speeding isnt a good thing and since it was 70 in a 50 zone (I think thats what you said) it was in a built up area and was, silly to say the least.

I dont care if you taint the story with bias and no one esle should either, its no skin off our noses because if you appeal and you go around with that kind of attitude you will be caught out, but if you indeed werent given the chance to pay your fine and you were sent straight to court then I think that you were wronged and you should check it out. Personally I would like to believe that you were genuinely wronged and that you are not having a punt. Sure, if you did get the letter and ignoreed what help would it be bitching about it here?

I think the mod made a great point that if things arent registered posted then you will get mistakes, but the judge should recongnise this and give you a chance to plead your case at least! That should be the thing aimed at now. Judges probably have people saying they didnt get the letter even when they did so he can be very unwilling to bother with every person that pops up saying that story, it shouldnt happen though but registered post I think would fix that.

Im not scamming,im just unfortunate,and need this ,,,,not....

GTE

I'm listening wrote: »

It's a balls, but complaining about it on boards and looking for people like Liamwhite who don't give a S*** about rules of the road to back you up, won't make the fine go away

Indeed it wont make the fine go away, hes willing to pay the basic fine for speeding. Its the extra hes being fined for not being given the chance to pay the basic fine is the problem. He was given the chance though, just sadly the letter didnt arrive etc. Unfortunate, but if genuine which I will always side on when Im on a forum then it should be looked at again.

Scania580

Reganio 2 wrote: »

Don't break the law then? Your own fault.

Elvis has entered the room guys......:eek:

Midnight_EG

So the judge asked you whether you were guilty or not guilty, you said you were guilty immediately.

Why would the case continue when the court has concluded you're guilty?

If you'd have said 'not guilty' then you could have appealed it, nothing else to it.

A friend of mine found herself in a similar situation with a judge.

Her step dad hired a car in her name (using her credit card). she got 2 points in the post. She called and asked to have the points transferred over to her stepdad, she was told that she would have to not pay the fine, wait to be summonsed, go to court and ask the judge to transfer the points.

She arrived in court in mullingar and sat and waited. Her name was called, she was not given any time to enter a plea, she was simply told "4 points and €200 fine" She managed to get the judges attention and explain the situation, that she was not driving, and was told ok €200 fine, which she paid immediately, the garda who she paid the fine to said it made no sense whatsoever, that she should appeal it, she shouldn't have to pay any fine, that the person who was driving the car should pay the €80 and get the two points. She paid anyway for ease and went on her merry way. 1 month later she got the letter in the post saying 4 points had been applied to her license!

The same judge banned a man from driving for 2 months for speeding and wouldn't allow him to speak, the man had driven to court (from dublin) and was now disqualified for driving.

It's disgraceful that that sort of thing can happen. Yeh, the OP shouldn't have been speeding, but that's not issue here, it's about the processes that should be in place in our courts but clearly are not.

I'm listening

bbk wrote: »

Indeed it wont make the fine go away, hes willing to pay the basic fine for speeding. Its the extra hes being fined for not being given the chance to pay the basic fine is the problem. He was given the chance though, just sadly the letter didnt arrive etc. Unfortunate, but if genuine which I will always side on when Im on a forum then it should be looked at again.

But that's it! Should of said not guilty and explained why. Explained about the post not coming and explain about the documents!!

What does he expect to happen? He plead guilty. What's the Judge suppose to do? Say are you sure, want to phone a friend? The OP is 40 ish in age, not a child

Midnight_EG

Deleted User wrote: »

A friend of mine found herself in a similar situation with a judge.

Her step dad hired a car in her name (using her credit card). she got 2 points in the post. She called and asked to have the points transferred over to her stepdad, she was told that she would have to not pay the fine, wait to be summonsed, go to court and ask the judge to transfer the points.

She arrived in court in mullingar and sat and waited. Her name was called, she was not given any time to enter a plea, she was simply told "4 points and €200 fine" She managed to get the judges attention and explain the situation, that she was not driving, and was told ok €200 fine, which she paid immediately, the garda who she paid the fine to said it made no sense whatsoever, that she should appeal it, she shouldn't have to pay any fine, that the person who was driving the car should pay the €80 and get the two points. She paid anyway for ease and went on her merry way. 1 month later she got the letter in the post saying 4 points had been applied to her license!

The same judge banned a man from driving for 2 months for speeding and wouldn't allow him to speak, the man had driven to court (from dublin) and was now disqualified for driving.

It's disgraceful that that sort of thing can happen. Yeh, the OP shouldn't have been speeding, but that's not issue here, it's about the processes that should be in place in our courts but clearly are not.

I'm assuming it was a Gatso Van that caught him, if so then a sheet is sent out saying he was caught, and on the back there's a section about the owner not actually driving the car at the time?

GTE

Deleted User wrote: »

It's disgraceful that that sort of thing can happen. Yeh, the OP shouldn't have been speeding, but that's not issue here, it's about the processes that should be in place in our courts but clearly are not.

We have a winner! And you have a lot of posts so you will be respected lol!

Scania580

bbk wrote: »

Indeed it wont make the fine go away, hes willing to pay the basic fine for speeding. Its the extra hes being fined for not being given the chance to pay the basic fine is the problem. He was given the chance though, just sadly the letter didnt arrive etc. Unfortunate, but if genuine which I will always side on when Im on a forum then it should be looked at again.

Deleted User wrote: »

A friend of mine found herself in a similar situation with a judge.

Her step dad hired a car in her name (using her credit card). she got 2 points in the post. She called and asked to have the points transferred over to her stepdad, she was told that she would have to not pay the fine, wait to be summonsed, go to court and ask the judge to transfer the points.

She arrived in court in mullingar and sat and waited. Her name was called, she was not given any time to enter a plea, she was simply told "4 points and €200 fine" She managed to get the judges attention and explain the situation, that she was not driving, and was told ok €200 fine, which she paid immediately, the garda who she paid the fine to said it made no sense whatsoever, that she should appeal it, she shouldn't have to pay any fine, that the person who was driving the car should pay the €80 and get the two points. She paid anyway for ease and went on her merry way. 1 month later she got the letter in the post saying 4 points had been applied to her license!

The same judge banned a man from driving for 2 months for speeding and wouldn't allow him to speak, the man had driven to court (from dublin) and was now disqualified for driving.

It's disgraceful that that sort of thing can happen. Yeh, the OP shouldn't have been speeding, but that's not issue here, it's about the processes that should be in place in our courts but clearly are not.

Finally someone gets the point!!! im not moaning about being caught ,but im dammed if some old f... is going to shout me down...Im not puttin up with it ,,and thats it............

GTE

I'm listening wrote: »

But that's it! Should of said not guilty and explained why. Explained about the post not coming and explain about the documents!!

What does he expect to happen? He plead guilty. What's the Judge suppose to do? Say are you sure, want to phone a friend? The OP is 40 ish in age, not a child

OK, now I may be wrong here but Im gonna ask this with how I understand it in mind.

He was asked do you plead guilty for speeding.
This is something he doesnt dispute so he said guilty.

The thing he wanted to appeal was the not having a chance to pay the basic fine and take the basic hit.

If he said not guilty then he would have been lying.



Unless he was asked, do you plead guilty to the charges brought forward to you or something like that AND in those charges was a comment on the defendent (defendent right?) failed to pay his original fine (ignored is more what I mean) then yes, I agree he should have said not guilty.

Scania580

bbk wrote: »

OK, now I may be wrong here but Im gonna ask this with how I understand it in mind.

He was asked do you plead guilty for speeding.
This is something he doesnt dispute so he said guilty.

The thing he wanted to appeal was the not having a chance to pay the basic fine and take the basic hit.

If he said not guilty then he would have been lying.



Unless he was asked, do you plead guilty to the charges brought forward to you or something like that AND in those charges was a comment on the defendent (defendent right?) failed to pay his original fine (ignored is more what I mean) then yes, I agree he should have said not guilty.

Are you guilty or not guilty of speeding is all i was asked,so i told the truth to that specific question.

Midnight_EG

Scania580 wrote: »

Are you guilty or not guilty of speeding is all i was asked,so i told the truth to that specific question.

So you gave the court no reason to continue, they established you were guilty and it was finished on the spot, simple as.

GTE

Midnight_EG wrote: »

So you gave the court no reason to continue, they established you were guilty and it was finished on the spot, simple as.

Still, the other half of the story of this is he should have been given a chance to talk about it instead of being shut up there and then.

Midnight_EG

bbk wrote: »

Still, the other half of the story of this is he should have been given a chance to talk about it instead of being shut up there and then.

Where's the point in continuing trial if a verdict has been given from the get-go?

Scania580

Midnight_EG wrote: »

So you gave the court no reason to continue, they established you were guilty and it was finished on the spot, simple as.

Wrong!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! i was ignored by the judge,almost like i was invisable...Ihave a right to put my case and have it heard but i didnt get a chance so i bloody well will next time and you can be sure ill have a brief.

Hooch

O/P.

You pleaded guilty in a lower court, the district court. You have 14 days to lodge an appeal and pay the recognannce.

However, once you plead in the district court you can only appeal to the Circuit court on Severity only. That is to say you would be appealing the fine. You cant appeal the whole case.

Best advice is talk to a solicitor.

Midnight_EG

Scania580 wrote: »

Wrong!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! i was ignored by the judge,almost like i was invisable...Ihave a right to put my case and have it heard but i didnt get a chance so i bloody well will next time and you can be sure ill have a brief.

Relay the exact conversation/events for us then, including name titles.


(You: Said something, Judge:Said something back)

You know?