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Yet another penalty point/summons question

  • 08-03-2012 6:28pm
    #1
    Registered Users, Registered Users 2 Posts: 109 ✭✭


    I just received a fixed penalty notice for driving without due caution, an 80 euro fine and 2 penalty points. At the time I was stopped I also had no NCT, does the notice/summons for this come separately ? At the time the guard told me I would get 2 points and 80 euro fine. If I was being done for no NCT as well would I just have got a summons and both of my offences would be dealt with in court?


Comments

  • Registered Users, Registered Users 2 Posts: 22,080 ✭✭✭✭Big Nasty


    Generally the offences would be entered at the same time so you would expect that the FPN's would arrive simultaneously, but hey - this is Ireland. Pay the €80 fine and forget about it unless you hear further, which you probably won't.


  • Registered Users, Registered Users 2 Posts: 239 ✭✭thats not gone well


    MCMLXXV wrote: »
    Generally the offences would be entered at the same time so you would expect that the FPN's would arrive simultaneously, but hey - this is Ireland. Pay the €80 fine and forget about it unless you hear further, which you probably won't.

    i thought if you were stopped and prosecuted for multiple offences in one go only the penalty of maximum points/fine can be applied?:confused:

    ie stopped in one occasion for
    1) Illegal entry onto a one-way street = 1 point + €60 fine
    2) Holding a mobile phone while driving = 2 points + €60 fine
    3) Speeding = 2 points + €80 fine

    you'd only recieve FPN and points for speeding in this example?


  • Registered Users, Registered Users 2 Posts: 9,313 ✭✭✭Mycroft H


    i thought if you were stopped and prosecuted for multiple offences in one go only the penalty of maximum points/fine can be applied?:confused:

    ie stopped in one occasion for
    1) Illegal entry onto a one-way street = 1 point + €60 fine
    2) Holding a mobile phone while driving = 2 points + €60 fine
    3) Speeding = 2 points + €80 fine

    you'd only recieve FPN and points for speeding in this example?


    I'd bloody well hope not!


  • Registered Users, Registered Users 2 Posts: 239 ✭✭thats not gone well


    that was always my understanding of it anyway,
    hopefully someone more informed can clarify :)

    edit: in the OP post it says he was done for no NCT too,
    thats a mandatory court appearance so maybe the summons is in the post...

    penalty point offences


  • Registered Users, Registered Users 2 Posts: 109 ✭✭Sabrielle


    i thought if you were stopped and prosecuted for multiple offences in one go only the penalty of maximum points/fine can be applied?:confused:

    ie stopped in one occasion for
    1) Illegal entry onto a one-way street = 1 point + €60 fine
    2) Holding a mobile phone while driving = 2 points + €60 fine
    3) Speeding = 2 points + €80 fine

    you'd only recieve FPN and points for speeding in this example?


    That was my understanding too, that the points operate on the basis of getting the higher applicable to any multiple offences. The guard did tell me that I would only be getting the two points for driving with undue caution but I'm worried that he may have had a change of heart when going back over his notebook. I received the fixed penalty notice this morning for the two points and 80 euro fine. If he had changed his mind wouldn't I be getting a summons only and no fixed point notice for the other offence as of the two offences having no NCT carries more points so both would be dealt with in court and I would get 5 points and a fine?


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  • Registered Users, Registered Users 2 Posts: 2,905 ✭✭✭cadaliac


    Afaik points will be applied to the licence when the op goes to pay in the post office. if the op goes to court they will also have to pay the fees associated with each fine. Anyway, the op should only see the inside of the courtroom if they fail to pay the fixed notice.
    just ask at the post office when you are paying the fine for the original ticket. keep your fingers crossed that you don't get points for the NCT as well because that is 5 points alone !!
    Good luck anyway.


  • Registered Users, Registered Users 2 Posts: 71,581 ✭✭✭✭L1011


    i thought if you were stopped and prosecuted for multiple offences in one go only the penalty of maximum points/fine can be applied?:confused:

    ie stopped in one occasion for
    1) Illegal entry onto a one-way street = 1 point + €60 fine
    2) Holding a mobile phone while driving = 2 points + €60 fine
    3) Speeding = 2 points + €80 fine

    you'd only recieve FPN and points for speeding in this example?

    I believe you receive all FPNs, all cash fines, but only the highest points.


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    MYOB wrote: »
    I believe you receive all FPNs, all cash fines, but only the highest points.

    This is my understanding also; all fines stand but only the single incident with the highest number of points is applied. Which is crazy when you think about it. Its not a bloody game; if you get caught committing two points worthy offenses at the same time then they should both count...


  • Registered Users, Registered Users 2 Posts: 2,905 ✭✭✭cadaliac


    djimi wrote: »
    This is my understanding also; all fines stand but only the single incident with the highest number of points is applied. Which is crazy when you think about it. Its not a bloody game; if you get caught committing two points worthy offenses at the same time then they should both count...

    good buddy of mine got 9 points in one throw. He missed the fixed notice for speeding and ended up in court. Thing is though, he had no NCT either at the time he was stopped, so he got 4 points for speeding and 5 for no NCT.
    That's why I said to the op to not allow it to go as far as a court date.


  • Registered Users, Registered Users 2 Posts: 109 ✭✭Sabrielle


    cadaliac wrote: »
    good buddy of mine got 9 points in one throw. He missed the fixed notice for speeding and ended up in court. Thing is though, he had no NCT either at the time he was stopped, so he got 4 points for speeding and 5 for no NCT.
    That's why I said to the op to not allow it to go as far as a court date.


    Did you friend get a summons for the NCT as well as the fixed penalty notice for the speeding or did he end up in court only as a result of not paying a fixed notice for speeding? Or was it a case that he got a summons for the speeding (and no fixed point notice) and the NCT came to light in court? Thanks for the all the replies btw.


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  • Registered Users, Registered Users 2 Posts: 814 ✭✭✭JerCotter7


    cadaliac wrote: »
    good buddy of mine got 9 points in one throw. He missed the fixed notice for speeding and ended up in court. Thing is though, he had no NCT either at the time he was stopped, so he got 4 points for speeding and 5 for no NCT.
    That's why I said to the op to not allow it to go as far as a court date.

    And one of mine has had 12 points for a year. He was then stopped twice when I was in the car for holding a phone. So he has 16 points but still drives.

    I wouldn't believe everything someone tells me.

    Also heard of someone getting 12 points in 1 hour as an unmarked was following him. He too was still driving after that....


  • Registered Users, Registered Users 2 Posts: 2,905 ✭✭✭cadaliac


    Sabrielle wrote: »
    Did you friend get a summons for the NCT as well as the fixed penalty notice for the speeding or did he end up in court only as a result of not paying a fixed notice for speeding? Or was it a case that he got a summons for the speeding (and no fixed point notice) and the NCT came to light in court? Thanks for the all the replies btw.

    Afaik he got a fixed notice for the speeding. Ignored/forgot/whatever and got a summons some months later.
    He had no clue about the NCT issue until court day. Needles to say it was a shock to him.
    I am pretty sure but not positive that the original fixed notice was for speeding only. I will be speaking to him on Saturday and I'll ask him. It's always good for a laugh when he tells the story......:pac:


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