summons

nick1234 · 14-07-2012 9:11pm #1

can summons be dropped,as in can the garda based on lack of evidence drop the summons,ok say there are 3 summons can the 3 of them be dropped if the garda decides he don't want to go ahead with case due as i said to lack of evidence.

thanks
nick

Our man in Havana · 14-07-2012 9:17pm

Yep. A Garda can simply decide to withdraw the charges.

nick1234 · 14-07-2012 9:44pm

Our man in Havana wrote: »

Yep. A Garda can simply decide to withdraw the charges.

are you sure? here in ireland i doubt it works this way,once the summons are registered with the CPU (central processing unit) i doubt they can,but i stand to be corrected,i think once summons are registered through the court system before the accused gets them the garda issuing them needs to return a result.

as i say maybe i am wrong...

ResearchWill · 14-07-2012 10:08pm

nick1234 wrote: »

are you sure? here in ireland i doubt it works this way,once the summons are registered with the CPU (central processing unit) i doubt they can,but i stand to be corrected,i think once summons are registered through the court system before the accused gets them the garda issuing them needs to return a result.

as i say maybe i am wrong...

You are wrong, the Garda can and often do drop charges. What he will do is on the day in court withdraw the charges.

If the matter is a serious crime to be tried on indictment, then only the DPP can agree to the entering a Nolle prosequi.

McCrack · 14-07-2012 10:09pm

District Court summonses cant be "pulled" which used be the case but charges can be struck out on the day by the Garda on request to the Judge.

Aint Eazy Being Cheezy · 14-07-2012 11:32pm

nick1234 wrote: »

can summons be dropped,as in can the garda based on lack of evidence drop the summons,ok say there are 3 summons can the 3 of them be dropped if the garda decides he don't want to go ahead with case due as i said to lack of evidence.

thanks
nick

The garda can strike the summons. I was summonsed once for failing to produce a driving licence, even though I had.

A quick phone call led to the garda in question checking the system, realising the mistake, and telling me I didn't have to attend court.

nick1234 · 16-07-2012 10:51pm

ok update,i spoke to the garda today and he is not sure what he will do,i know we are in the right so i asked him could he see that he was sort of in the wrong,and there is a lot of doubt with him,he is been very nice about the whole matter,which is a traffic incident.

anyway, he told me he would get in touch before the court date with me,to be honest i don't know what he means,i guess i will only have to wait and see what is says then,i'm hoping it will be a - 'no need for me to go to court' responce. the court date is early september district court.

any opinions what you think if he is been this alright about the whole thing.

Victor · 17-07-2012 4:58am

Make sure you show up, unless you have something in writing saying you don't have to show up.

nick1234 · 17-07-2012 9:06am

i will do victor,but judging from my last post how does it sound,could i get something in writing to say not to show?

thanks
nick

nick1234 · 03-08-2012 4:13pm

last talk i had on this guys was,he told me he would get in touch before the court date with me,to be honest i don't know what this means,i guess it must be a good thing?

any opinions what you think? has to be good if he is been this alright about the whole thing.

thanks...nick

Milk & Honey · 03-08-2012 5:42pm

nick1234 wrote: »

last talk i had on this guys was,he told me he would get in touch before the court date with me,to be honest i don't know what this means,i guess it must be a good thing?

any opinions what you think? has to be good if he is been this alright about the whole thing.

thanks...nick

I would never trust a guard on something like that. Too often, people have been convicted by the judge after the friendly guard getting up and reading out the facts of the case from his notebook having told the defendant not to be worried.

03-08-2012 7:52pm

depends on what your summons is for.
it resulted from a traffic accident so if it is a careless driving summons etc then chances are directions were received from the superintendent so summonses are unlikely to be struck out.

if its summons for no driving licence/insurance etc then yes the garda could look to get them struck out on the basis that you do have both, however this is completely at the judges discretion. there is every chance that a judge might look for you, ask you why you didnt produce etc.

so depends:D

go to court.

nick1234 · 03-08-2012 8:02pm

Milk & Honey wrote: »

I would never trust a guard on something like that. Too often, people have been convicted by the judge after the friendly guard getting up and reading out the facts of the case from his notebook having told the defendant not to be worried.

well that's it,i wouldn't be too biased either though,they can be very fair depending on how the person reacted at the roadside when asked for documentation etc....

the summons is for no insurance but i will be defending saying i wasn't driving at the time as it was actually my wife driving

03-08-2012 10:02pm

if this happened as a result of a traffic accident, than why wasnt documents demanded from your wife??

if you were not driving and your wife was surely its up to you to say your wife was driving and let the insurance deal with the accident.

why would you not tell gardai who was driving? appears to me that you are trying to hide something/pull the wool over someones eyes here OP

nick1234 · 03-08-2012 10:13pm

ohh god no,no accident at all,just a checkpoint stop....an opinion obviously was formed that i was driving and not my wife,i wasn't insured to drive the veichle at the time but my wife was

unattendedbag · 04-08-2012 12:38am

Nick this is your second thread on the same topic and as said in the other thread you really need a solicitor to fight your corner here. You have a submission that you were not driving at that time and it will take a solicitor to convince the judge of that fact or to discredit the guards evidence. Either way if you have a court date on your summons then you need to concentrate on that rather than wriggling your way out of it through hassling the guard or his sergeant.

nuac · 04-08-2012 11:03am

1 Summonses that are issued thru the CPU will be listed in court. THey can be dismissed by agreement, altho many DJs will ask the reason.

2. Following the Dowra incident years ago there is a special procedure for alchohol related cases. Arrests and detections are reported to the Chief Supt in the area, who will want to know why a prosecution did not proceed.

3. Many minor RTA matters may not go as far as summons if matters are sorted promptly. Even after issue of such a summons it may be possible to get matters in order and it may then be withdrawn.

4. Once the summons is served and entered in the court list defendant needs to be there and/or represented.

5. Some Gardai suggest you dont need to be there or have a solicitor, They may mean well, but the DJ may have a different view.

6. Even if the particular offence may not in itself lead to disqualification of licence, points incurred may add up. Best to talk to a solicitor practising in that court

nuac · 04-08-2012 11:16am

Nick

I have reviewed this thread,

It is an insurance matter. You say it was your wife who was driving not you.

You were stopped at a check point. Gardai are trained observers. They make note of who they stopped. If there were identical twin brothers, there may be some possibility for confusion.

Most likely there was a demand to produce insurance. If the matter was not cleared up at the checkpoint it should have ben clieared up at the barracks on production of documents.

Driving without insurance is a serious matter. I suggest you stop posting here and go see a solicitor.

summons

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