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not paying fine

  • 04-02-2011 9:26pm
    #1
    MinnyMinor
    Closed Accounts Posts: 409 ✭✭


    when someone is convicted in court of a driving offence and is fined and does not pay fine is there any way they can be made pay or any sanction. I am aware of people who do not pay and seem to be making a mockery of the system and constantly prosecuted but do not pay.

    What is the point of being prosecuted if one does not have to pay the fine?


Comments

  • #2
    Potential-Monke
    Registered Users, Registered Users 2 Posts: 14,381 ✭✭✭✭Potential-Monke


    MinnyMinor wrote: »
    when someone is convicted in court of a driving offence and is fined and does not pay fine is there any way they can be made pay or any sanction. I am aware of people who do not pay and seem to be making a mockery of the system and constantly prosecuted but do not pay.

    What is the point of being prosecuted if one does not have to pay the fine?

    A fine issued by the court is usually combined with a "default", ie: €200 fine, 10 days in default, 60 days to pay. This would mean that the convicted person has 60 days to pay a €200 fine or get 10 days in prison instead. If the fine is not paid, a penal warrant is issued which gives the Gardai the power of arrest, and either they person pays the fine there and then or goes to jail.


  • #3
    MinnyMinor
    Closed Accounts Posts: 409 ✭✭MinnyMinor


    Potential-Monke wrote: »
    A fine issued by the court is usually combined with a "default", ie: €200 fine, 10 days in default, 60 days to pay. This would mean that the convicted person has 60 days to pay a €200 fine or get 10 days in prison instead. If the fine is not paid, a penal warrant is issued which gives the Gardai the power of arrest, and either they person pays the fine there and then or goes to jail.
    in the caes i am talking about this is obviously not done. who decides if the garda arrest


  • #4
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    The gardaí have to ask the court to issue the penal warrant.


  • #5
    MinnyMinor
    Closed Accounts Posts: 409 ✭✭MinnyMinor


    Our man in Havana wrote: »
    The gardaí have to ask the court to issue the penal warrant.
    so if the fine is not paid in 60 days the gardai can go to court and request this penal warrant? Why would they not do this in some cases?


  • #6
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Why do you say they don't ?

    In many cases the local garda station will call around before looking for a penal warrant and advise the person the fine must be paid. This often results in payments.

    Further, very typically in road traffic cases, when the penal warrant is issued and the gardai call to the address the money is forthcoming.

    Penal warrants are applied for as a matter of routine and course.


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  • #7
    MinnyMinor
    Closed Accounts Posts: 409 ✭✭MinnyMinor


    Reloc8 wrote: »
    Why do you say they don't ?
    sorry meant to reply to this when i got noticifation of it but got sidetracked. I have it on very good authority that some do not pay fines is all i can say and as far as i understand no action is taken such as described here
    edit i am trying to think if i was told some will do jail before paying as they do not care about criminal records etc


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


    Yes many people do the time instead of paying because they are often released after a coupl of days due to overcrowding.


  • #9
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    At the moment they are not even doing an hour inside before being released.


  • #10
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    MinnyMinor wrote: »
    sorry meant to reply to this when i got noticifation of it but got sidetracked. I have it on very good authority that some do not pay fines is all i can say and as far as i understand no action is taken such as described here
    edit i am trying to think if i was told some will do jail before paying as they do not care about criminal records etc

    I suspect you were told the latter.

    In any event, doing the time does not give you a criminal record, the conviction and fine does.

    As noted above time served for fines will often amount to being processed at reception, waiting around somewhere in the prison all day and then being released.


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