Court summon

Hoan Van

Does any one here know the time period or preferrably the exact number of months that one needs to wait to appear in court from the date of driving offense? I really need this information since I have to travel back to my country real soon.

Another question is that, if it happens that I will go back to my country in the next month because I really need to go back, and while in my country, I receive the letter from the court summoning my presence, can I defer my presence at court to a later date when I will come back to Ireland?

Replies and help are greatly appreciated. Thank you in advance.

coylemj

The police have to apply to the local court office for a summons within 6 months of the date of the alleged offence, that could take some time to go through the system before the summons is issued for service on you so potentially you could get a court date up to a year or slightly more after the date of the original incident.

However if you have left the country then the summons can't be served so the court can't convict you, you need to make sure than anyone who meets the postman with a registered letter addressed to you refuses to accept delivery because you are no longer in the country. When you get back to Ireland it would be open to the Garda to restart the process but as long as you keep your head down when you come back and you don't bump into the same Garda that is unlikely to happen.

Go home and don't worry about it. I'm assuming this is a relatively minor traffc offence and not a case of dangerous driving causing death or serious injury because they'd go down the extradition route for that kind of offence.

Jo King

coylemj wrote: »

However if you have left the country then the summons can't be served so the court can't convict you,

That is not correct. It happens frequently that people are convicted in their absence. The court only needs to be satisfied that there was service. Some judges insist on personal service, some just go ahead and convict. the o/p needs to go and see a solicitor who practises in the relevant District Court.

coylemj

Jo King wrote: »

The court only needs to be satisfied that there was service.

If nobody is prepared to sign for the registered letter then there is no service.

Our man in Havana

An order for subsituted service would then be sought.

Jo King

coylemj wrote: »

If nobody is prepared to sign for the registered letter then there is no service.

A lot of summons are served by ordinary post. It is up to the judge to enquire about service.

Hoan Van

Thank you every one for the reply with information and suggestion. Some of the terms that you used are quite difficult for me to understand. When most of you are mentioning 'service', does that mean the judge's decision about my conviction with or without my presence?

There will be somebody at home to sign or receive the post for me in my absence, then can I do anything (defer) about the court summons, maybe in writing from my home country explaining the situation and asking for a defferal of appearance date, and if that is possible, what institution should I address the letter to?

Thank you so much, again!

Victor

The best approach may be to talk to a local* solicitor. He can likely attend in your place and follow your instructions and if necessary arrange a postponement. The solictior would need to know the details contained in the summons.


* One that normally attends the court the summons refers to. Other solicitors would cost more as tehy would have to attend specially.

Hoan Van wrote: »

Thank you every one for the reply with information and suggestion. Some of the terms that you used are quite difficult for me to understand. When most of you are mentioning 'service', does that mean the judge's decision about my conviction with or without my presence?

Service mean the giving to you or the leaving at your address of the summons (instruction to attend court)

There will be somebody at home to sign or receive the post for me in my absence, then can I do anything (defer) about the court summons, maybe in writing from my home country explaining the situation and asking for a defferal of appearance date, and if that is possible, what institution should I address the letter to?

The other users are suggesting that the summons not be accepted (of course they might just leave the summons at your Irish home).

Do you trust the people you live with enough to deal with an important matter like this?

gustafo

when the cops call with the summons get your friends to refuse to take it will be re done for another date