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Speeding fine?

  • 10-02-2010 2:14am
    #1
    Tyrant^
    Registered Users, Registered Users 2 Posts: 580 ✭✭✭


    Hello guys ... just a quick question

    Ive been summoned to court for speeding. I did not get a fine in the post...
    Just wondering is THIS still the case ?

    "A senior garda told the Irish Independent: "The legislation says that a person must be given the opportunity to pay the fine or they cannot be prosecuted.

    "So, if they simply say they never got the fine in the post, the judge has no option but to strike it out -- as there is no way of proving otherwise. This means the motorist doesn't pay a fine or get any points."

    Im just abit apprehensive about all this... Ive never been to court before.


Comments

  • #2
    Shield
    Moderators, Society & Culture Moderators, Help & Feedback Category Moderators Posts: 9,808 CMod ✭✭✭✭Shield


    Looks like that loophole was closed last year.


  • #3
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    No its still the case. That was a decision of the Circuit Court on appeal from the District Court and not binding in the full legal sense of the word. Individual Judges still weigh up the credibility of the evidence given as to non-receipt and the weight to be attributed to it in each individual case - in other words, subject to the judge hearing your case, your mileage may vary.


  • #4
    Tyrant^
    Registered Users, Registered Users 2 Posts: 580 ✭✭✭Tyrant^


    Been to court about this, lucky that the judge postponed the rest of the hearings until later in the month.

    But I got talking to the Garda and the guy on reception... Apparently if he had of heard my case he would of either fined me €350 + 4 Penalty points or my other option would be €700 to charity no penalty points.

    The Garda told me that this is happening all the time... he advised me to write a letter to the superintendent, which I have done. Hopefully there will be another way of settling this.


  • #5
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    If you got the summons a judge is probably not going to believe that you didnt get the fine or the 28 day reminder. Is your car registered to the same address as the summons was?


  • #6
    Hooch
    Registered Users, Registered Users 2 Posts: 4,957 ✭✭✭Hooch


    k_mac wrote: »
    If you got the summons a judge is probably not going to believe that you didnt get the fine or the 28 day reminder. Is your car registered to the same address as the summons was?

    There is no 28 day reminder that I know of...


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  • #7
    Tyrant^
    Registered Users, Registered Users 2 Posts: 580 ✭✭✭Tyrant^


    There is no 28 day reminder. My address is fine on whatever system they have... I know this because I received a speeding fine before.

    Either it wasnt sent out or the post office lost it...

    I dont understand why they dont send the fines out registered post they could just add the extra expense on top of the fine.


  • #8
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    I guess I'm wrong about the reminder. My point remains the same. If you got the summons you would have gotten the fine. At least thats the way a judge will probably see it. you can argue the point in court and he might let you off with the original penalty if he's sympathetic.


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