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Appealing driving summons

  • 07-09-2011 8:24pm
    #1
    Registered Users, Registered Users 2 Posts: 476 ✭✭


    Have two outstanding driving offences which i did not receive a summons for and would like to have my day in court over. But since applying for a firearms licence it has came to light and Gardai looking to collect the monies due.

    Two options A) pay it and my licence can be processed or B) appeal it, wait 3/4 months which in the meantime licence go's on hold, which causes issues with the deposit on the firearm. Is there any way the fine can be paid and appealed at a later date?


Comments

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


    You most likely have a penal warrant issued for you. You should consult a solicitor if you want to appeal.


  • Registered Users, Registered Users 2 Posts: 191 ✭✭Scealta_saol


    I know of someone who appealed a conviction after paying (I know that doesn't sound reliable but it's true :)) and it was overturned. They got their money back :) But that's no guarantee. Sometimes payment of a conviction can be taken as an admission of guilt.


  • Registered Users, Registered Users 2 Posts: 476 ✭✭Farmlife


    Thanks for the reply, but by the time i pay for a solicitor and his day in court i would have half the fine paid, and maybe still have to pay the full amount after


  • Closed Accounts Posts: 91 ✭✭biddybops


    received a summons for non payment of parking fine, turned up in court and argued that I had paid the fine by chq. but fines office apparently never received it. Case was put off and I received a fine, by post, a few weeks ago but I never received the summons to say when I had to appear the court. I paid the fine( sick of trying to deal with the courts) and asked who do I make a complaint to regarding not getting summons. they told me to go to the local garda station to make a complaint. This seems a bit extreme, I am just wondering if this was thecorect information


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


    Your story is very confusing. I think it's because of your terminology. When you commit a parking offence you generally receive what is calle a fixed charge penalty. You have 60 days to by this. By paying it you are admitting your guilt and avoiding court. If you fail to do this you will receive a summons to court for this offence and if found guilty will receive a court fine. If you do not pay the court fine in the allotted time there will be a penal warrant issued for you in the amount of the fine. This is an order to Gardaí to collect the money from you or lodge you in prison.

    When you are summonsed to court you are supposed to attend. If your case is put back to another date then it is up to you to note that date. You do not get another summons for it. If you fail to attend at the future date you will likely be convicted in your absence.

    EDIT: My mistake, I though biddybops was the OP. Biddy what probably happened in your case was the judge believed you and fined you for the original amount or ordered a reissue of the original fixed charge penalty for you to pay.


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  • Registered Users, Registered Users 2 Posts: 191 ✭✭Scealta_saol


    I agree with MagicSean.. very confusing with your terminology.. Did you receive a fine or a summons?


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