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Breaking a red light - Summoned to Court

  • 17-10-2011 5:23pm
    #1
    Bhoywunder
    Closed Accounts Posts: 11 ✭


    Have just received a court summons for going through a red light last Christmas!

    Whats can I expect here?

    Here's what happened...

    Was travelling home from work around midnight in the terrible weather last year. I approached the lights which had just changed to amber - began to brake but the car started to slide to the side in the ice - as it had done at the previous roundabout when I had just about managed to get round without going into the kerb.

    It was the junction just after the Spawell roundabout. I could see all around me and there was nothing coming - I took my foot off the brake and guided the car round the corner, through the red light, as at the time it seemed safer to me.

    Guards were coming up to the lights behind me and pulled me over. Told me how silly I was to go through the lights, I explained why I went through but agreed with him it was an error as he wasn't for accepting my side of things.

    Told me a fine would be out to me in the post - never came - and now, 10 months after the actual matter I have been told to go to court to discuss it.

    I've a clean licence and have never been involved in any claims etc.

    What can I expect here in terms of fines/penalty points? Will I be allowed to put across my side of the story - and will it do any good?

    Cheers.


Comments

  • #2
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    He did you a favour. You were obviously travelling at a speed that was unsafe for the road conditions. He could easily have prosecuted you under Section 51 of the Road Traffic Acts.

    The fine will be completely dependent on the judge. If you plead guilty and convince him you never received the fine he might let you off lightly. On the other hand he may screw you completely.


  • #3
    Bhoywunder
    Closed Accounts Posts: 11 ✭Bhoywunder


    MagicSean wrote: »
    He did you a favour. You were obviously travelling at a speed that was unsafe for the road conditions. He could easily have prosecuted you under Section 51 of the Road Traffic Acts.

    The fine will be completely dependent on the judge. If you plead guilty and convince him you never received the fine he might let you off lightly. On the other hand he may screw you completely.

    I was travelling very slowly actually - the roads were just horrendous.

    Either way, I'm happy to say that the Guard was in the right and I should have been more careful blah blah blah. I'm just wondering what the likely punishment will be? And, why I never received a letter in the post, simply a court order.


  • #4
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Check your summons against the offences listed here http://www.rsa.ie/en/RSA/Licensed-Drivers/Penalty-points/Types-of-offences/

    If your offence is a penalty point offence you are entitled to raise in defence that you never got a fixed fine notice. You will have to give sworn evidence as to this and will be cross-examined by the prosecutor and examined by the court as to whether it is credible that you didn't get one.

    If your offence is not listed here then you were not entitled to receive a fixed fine notice. You should go to court and explain to the judge what happened. If you make the right impression (see sticky at top of this forum) and have no previous RTA convictions you can expect to be convicted and fined an amount which will vary depending on your personal circumstances, ability to pay a fine and the discretion of the Judge sitting.

    The amount of the fine is impossible to predict. It might amount to a few hundred euros or you might be lucky and be left off with a warning. You can appeal any decision you don't like to the Circuit Court.


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