Conviction for driving with mobile phone

pants20

Hi All,

Hope someone can help me. About 1.5 year ago I got a fine for driving while on mobile phone. I went to pay it and sent in cheque but they sent the cheque back to me saying it was over the 40 days and that it would go to court. about 2 month later I moved home.

Today I got a call from Garda saying he has a warrant for me. I told him i moved house and therefore didn't receive any correspondance. I asked him if I could appeal . I'm going into CCJ tomorrow to appeal. I have no previous convictions and want to get this one quashed... what should I do.

Thanks in advance

Zambia

Quashed but you did it... Just go to court and plead guilty.

coylemj

Zambia wrote: »

Quashed but you did it... Just go to court and plead guilty.

It's not a summons, it's a warrant so he's already been found guilty.

OP, unless you think you have a case to be found innocent of the charge, just meet the Garda and pay the fine. Driving while using a mobile phone is a difficult one to get out of. If you're driving a car with a mobile phone in one hand you are basically guilty.

Otherwise you need to apply in the courts to get the time limit for an appeal extended, then the case will end up as a District Court appeal in the Circuit Court where you will need to give evidence and basically convince the judge that you are innocent of the offence.

The judge doesn't have discretion on the points if that's what you're worried about so unless you think you can convince a judge to find you not guilty, you should just pay the District Court fine, that's what the Garda is chasing you for.

pants20

Actually I dont' want to appeal the charge, just the fine... I will pay the €80 fine...

coylemj

pants20 wrote: »

Actually I dont' want to appeal the charge, just the fine... I will pay the €80 fine...

That's a contradiction, if you pay the fine the case is closed and you can't appeal.

Do you mean you want to appeal the points but are prepared to pay the fine? Can't do that, the points go with the conviction regadless of the amount of the fine. The only way to get the points removed is to get the whole conviction overturned. Even if you have a sob story about a wife and ten kids, the judge has to impose the points, even with a €1 fine.

If you pay the fine you can't appeal. If you appeal and have no grounds for appeal i.e. the judge says the original conviction stands then you have to pay the fine anyway and you'll get the points.

As I said in my first reply, unless you think you have grounds on which the whole conviction should be overturned, you really don't have a leg to stand on and should pay the fine and take the points.

€80 would be considered a very low fine in the District Court so you don't really stand much chance of getting away with an appeal based on severity of sentence. The judge in the Circuit Court can affirm the original guilty verdict and increase the fine if he sees fit, there's very little chance of it being reduced.

Pay the fine and move on.

MagicSean

coylemj wrote: »

That's a contradiction, if you pay the fine the case is closed and you can't appeal.

Do you mean you want to appeal the points but are prepared to pay the fine? Can't do that, the points go with the conviction regadless of the amount of the fine. The only way to get the points removed is to get the whole conviction overturned. Even if you have a sob story about a wife and ten kids, the judge has to impose the points, even with a €1 fine.

If you pay the fine you can't appeal. If you appeal and have no grounds for appeal i.e. the judge says the original conviction stands then you have to pay the fine anyway and you'll get the points.

As I said in my first reply, unless you think you have grounds on which the whole conviction should be overturned, you really don't have a leg to stand on and should pay the fine and take the points.

€80 would be considered a very low fine in the District Court so you don't really stand much chance of getting away with an appeal based on severity of sentence. The judge in the Circuit Court can affirm the original guilty verdict and increase the fine if he sees fit, there's very little chance of it being reduced.

Pay the fine and move on.

i think she wants to appeal the amount of the court fine as she was prepared to pay the original €80.

MagicMarker

Had you paid it immediately, you'd be down €80, you missed the deadline so if you went to court as you were summonsed to then it probably would have gone up to €200 or thereabouts.

But you didn't show up in court, I don't know what happens in that case but it wouldn't surprise me if the fine goes up even more.

Sorry OP, it's your own fault, you knew you were going to get a summons before you moved.

berrypendel

pants20 wrote: »

About 1.5 year ago I got a fine for driving while on mobile phone.

good more should get them