Moral Dilema... advice please

Caoimhin.

Have a minor dilema... looking for advice

I've emigrated to Oz, been here since September, sponsored, not planning on going home anytime soon (at all??). Yesterday, the boys in blue arrived at my home address looking for me with a summons for an unpaid speeding fine... A fine I never knew I had. Looks like the 'incident' happened a few days before I headed off last September and the notice never found me. My sister told the chap I'd emigrated and wouldn't be home anytime soon so he left with the summons, off to have a chat with the super.

What could come of this? How long can a summons like this stay active, say I come home in 3 years time for example, can I be served retrospectively... would they bother etc etc

seamus

Most likely the case will proceed without you and a fine will be issued by the judge.

Failure to pay this fine will result in an arrest warrant which will remain permanently active.

Triangla

Bear in mind your sister has lied to the coppers.

May be a bigger issue than the actual summons so ensure to seek legal advice on that.

MidlandsM

How has the sister lied?

I'd find out who the super is, and send a registed letter to him explaining what you posted and you're regret and apologies for the offence, and that might end the matter. If not, when fined, pay it and move on.

KingEnda

Just get the thing paid, you dont want to come home in 3 years and have this hanging over you

Caoimhin.

Yeah you're right... best thing is probably just pay pay the damn thing. I was hoping somebody would say the warrant would live for 12 months or something similar No such luck...

@Triangla: my sister hasn't lied at all. I have emigrated to Oz and have no intention of moving back to Ireland. The first I or anybody else knew about the speeding fine was when the garda arrived at the door

Thanks all

mitzicat

seamus wrote: »

Most likely the case will proceed without you and a fine will be issued by the judge.

Failure to pay this fine will result in an arrest warrant which will remain permanently active.

I believe the government has come up with new legislation that will see fines recovered in other ways and the final object of sending people to jail halted.

The speeding fine cannot be for that much though, I'd just contact them and arrange to pay it.

I have to say, I have never seen a society where you go to jail for not paying a speeding fine. In Canada you just cannot renew your license/license plates (yearly) until you pay it. This country is so bizarre to me sometimes in how harsh it treats its citizens.

ResearchWill

seamus wrote: »

Most likely the case will proceed without you and a fine will be issued by the judge.

Failure to pay this fine will result in an arrest warrant which will remain permanently active.

How can the matter proceed, the summons has not been served, the defendant is out of the jurisdiction, so the Court will have no jurisdiction. Unless you are saying AGS would lie to the court and say the defendant was correctly served.

ResearchWill

Caoimhin. wrote: »

Have a minor dilema... looking for advice

I've emigrated to Oz, been here since September, sponsored, not planning on going home anytime soon (at all??). Yesterday, the boys in blue arrived at my home address looking for me with a summons for an unpaid speeding fine... A fine I never knew I had. Looks like the 'incident' happened a few days before I headed off last September and the notice never found me. My sister told the chap I'd emigrated and wouldn't be home anytime soon so he left with the summons, off to have a chat with the super.

What could come of this? How long can a summons like this stay active, say I come home in 3 years time for example, can I be served retrospectively... would they bother etc etc

You could ring the member of AGS in question, explain you are down under, that you never received a fixed penalty notice if same was sent, more than likely he will throw the matter out.

seamus

ResearchWill wrote: »

How can the matter proceed, the summons has not been served, the defendant is out of the jurisdiction, so the Court will have no jurisdiction. Unless you are saying AGS would lie to the court and say the defendant was correctly served.

I presume it can be served though, as the summons only has to be given into the defendents last known address, and/or to a member of their family. It does not have to be handed directly to the defendent. Or am I incorrect?

You could ring the member of AGS in question, explain you are down under, that you never received a fixed penalty notice if same was sent, more than likely he will throw the matter out.

This is probably the best course of action. If necessary offer to pay whatever the current amount of the fine is, though procedurally that may not be an option at this stage.

ResearchWill

seamus wrote: »

I presume it can be served though, as the summons only has to be given into the defendents last known address, and/or to a member of their family. It does not have to be handed directly to the defendent. Or am I incorrect?
This is probably the best course of action. If necessary offer to pay whatever the current amount of the fine is, though procedurally that may not be an option at this stage.

You are correct, but AGS have tried to do just that and have been told the defendant has gone away. In court the judge would have to be told that and any good judge would not accept that there has been proper service.

Triangla

Caoimhin. wrote: »

Yeah you're right... best thing is probably just pay pay the damn thing. I was hoping somebody would say the warrant would live for 12 months or something similar No such luck...

@Triangla: my sister hasn't lied at all. I have emigrated to Oz and have no intention of moving back to Ireland. The first I or anybody else knew about the speeding fine was when the garda arrived at the door

Thanks all

Apologies, speed reading let me down. Thought fine was issued in Oz doh!

Zambia

Does it not just become a warrant the warrant stays active till the OP returns. The OP can return walk into a station ask for a court date. The warrant is executed the case is heard and all is well?

ResearchWill

Zambia wrote: »

Does it not just become a warrant the warrant stays active till the OP returns. The OP can return walk into a station ask for a court date. The warrant is executed the case is heard and all is well?

While it is true that once a summons is issued there is no statutory time limit to prosecute summary proceedings, a delay of many years post event would be an issue under both the constitution and the ECHR as both provide for justice without delay.

Also I think summons must be renewed can't remember after how long, DJ would eventually say too long no more.