Speeding Fine Laws

cookie1234

Just received a nice speeding fine, and on my birthday too!! Does anyone know how long the guards have to get the fine out in the post?? The date of the offence was at the start of October.

kaimera

inb4 "just pay the fine" blah blah

rocky

cookie1234 wrote: »

Just received a nice speeding fine, and on my birthday too!! Does anyone know how long the guards have to get the fine out in the post?? The date of the offence was at the start of October.

more than a month anyway...

Honey-ec

cookie1234 wrote: »

Just received a nice speeding fine, and on my birthday too!! Does anyone know how long the guards have to get the fine out in the post?? The date of the offence was at the start of October.

6 months, IIRC.

Deminiman

I got one few weeks ago, took a week to get to me in the post.

Deminiman

Just to add I was stopped by traffic core and not one of those vans on the side of the road, if it makes any difference.

Atomic Pineapple

cookie1234 wrote: »

Just received a nice speeding fine, and on my birthday too!! Does anyone know how long the guards have to get the fine out in the post?? The date of the offence was at the start of October.

6 months.

"just pay the fine"

cookie1234

I know in the UK it's 14 days that the police have to issue a speeding fine and there are loads of useful UK websites explaining a person's rights regarding this.
See one below -

http://www.which.co.uk/cars/driving/driving-advice/dealing-with-speeding-tickets/speeding-fines-your-rights/

Does anyone know of any websites that provide similar detail relating to a person's rights under Irish law?

I will pay without a problem if my ticket has been issued in accordance with these laws.

challengemaster

cookie1234 wrote: »

I know in the UK it's 14 days that the police have to issue a speeding fine and there are loads of useful UK websites explaining a person's rights regarding this.
See one below -

http://www.which.co.uk/cars/driving/driving-advice/dealing-with-speeding-tickets/speeding-fines-your-rights/

Does anyone know of any websites that provide similar detail relating to a person's rights under Irish law?

I will pay without a problem if my ticket has been issued in accordance with these laws.

You're in Ireland, not the UK. You've already been told they have up to 6 months to issue a fine.

Pay the fine.

djimi

http://www.citizensinformation.ie/en/justice/criminal_law/criminal_trial/time_limitations.html

endacl

Just let them know you told the internet, and the fine has been set aside while the boards legal boffins discuss a definitive ruling.

Happy birthday.

cookie1234

Sorry if I don't take your word for it, but could you direct me to where this is written? I would just like to know my rights. The Garda do on occasion make mistakes.

djimi

cookie1234 wrote: »

Sorry if I don't take your word for it, but could you direct me to where this is written? I would just like to know my rights. The Garda do on occasion make mistakes.

Its in the link above.

Alternatively ignore the fine and see what happens. Im sure a judge will be more than happy to inform you of the legalities of the fine.

jhegarty

I suggest an appeal to the supreme court on human rights grounds.

Indricotherium

cookie1234 wrote: »

Sorry if I don't take your word for it, but could you direct me to where this is written? I would just like to know my rights. The Garda do on occasion make mistakes.

Yeah but in this case they haven't.

If you want to appeal it, hire a solicitor and do so.

pa990

you should get a solicitor, or better still one of those free men to represent you.




btw
it's 6 months

aN.Droid

cookie1234 wrote: »

Sorry if I don't take your word for it, but could you direct me to where this is written? I would just like to know my rights. The Garda do on occasion make mistakes.

Seems your the one who made the mistake on this occasion.

Just pay the fine.

cookie1234

Limericks wrote: »

Seems your the one who made the mistake on this occasion.

Just pay the fine.

All sorted?! It appears that the address printed on the speeding ticket where the van snapped me is incorrect. So, as there is no such speed limit at that address, no fine to pay!!

Indricotherium

cookie1234 wrote: »

All sorted?! It appears that the address printed on the speeding ticket where the van snapped me is incorrect. So, as there is no such speed limit at that address, no fine to pay!!

Be sure to post back here how you get on with that.

Bloodwing

cookie1234 wrote: »

All sorted?! It appears that the address printed on the speeding ticket where the van snapped me is incorrect. So, as there is no such speed limit at that address, no fine to pay!!

If it's not paid you'll still get the summons and have to go to court, the summons will probably be struck out but you'll still have the hassle of going to court.

In terms of how long the Garda has to issues the fine 6 months isn't exactly right. It would have to be with you in 6 months - 57 days. If you receive a fine 50 days before the 6 months the Gaurd won't be able to apply for a summons if you fail to pay it in 56 days as the offence will be statute barred.

ironclaw

cookie1234 wrote: »

All sorted?! It appears that the address printed on the speeding ticket where the van snapped me is incorrect. So, as there is no such speed limit at that address, no fine to pay!!

Were you snapped by a van or stopped by a Garda?

And there is speed limits on every inch of road in Ireland. Its part of the ROTR. If there is no posted speed limit, you have to assume and proceed at a 50km/h limit. It's part of the driver theory test and driving test. (I'm open however to correct on the exact speed, it escapes me at the moment)

And you can appeal on the address but you'd have to go before a judge, and from what I've heard its dodgy ground to appeal on as of late. I do know first hand of one thrown out as it was issued in the wrong townsland.

opti0nal

ironclaw wrote: »

And there is speed limits on every inch of road in Ireland. Its part of the ROTR. If there is no posted speed limit, you have to assume and proceed at a 50km/h limit. It's part of the driver theory test and driving test. (I'm open however to correct on the exact speed, it escapes me at the moment).

It depends on the type of the road. Where there is no sign, it's 100kph on a national 'N' road, 80kph on regional 'R' roads, and generally 50kph in cities and towns.

areyawell

threaten the card with anal fisting, might let u off

mfceiling

cookie1234 wrote: »

Just received a nice speeding fine, and on my birthday too!! Does anyone know how long the guards have to get the fine out in the post?? The date of the offence was at the start of October.

To all the posters who told the OP to pay the fine.....can you please point out from the above post exactly where the OP has stated that he won't pay it??

Jimdagym

cookie1234 wrote: »

I know in the UK it's 14 days that the police have to issue a speeding fine and there are loads of useful UK websites explaining a person's rights regarding this.
See one below -

http://www.which.co.uk/cars/driving/driving-advice/dealing-with-speeding-tickets/speeding-fines-your-rights/

Does anyone know of any websites that provide similar detail relating to a person's rights under Irish law?

I will pay without a problem if my ticket has been issued in accordance with these laws.

mfceiling wrote: »

To all the posters who told the OP to pay the fine.....can you please point out from the above post exactly where the OP has stated that he won't pay it??

I'd say that covers it.

juan.kerr

cookie1234 wrote: »

The Garda do on occasion make mistakes.

Yes, I suppose you are right, we all occasionally make mistakes, like speeding.

So are you disputing the offence or just this technicality?

mfceiling

Jimdagym wrote: »

I'd say that covers it.

Unfortunately that wasn't the OP's original post but as usual everyone jumps down his throat telling him to pay up.....again if you read his original post he never stated he wasn't paying it.

Jimdagym

mfceiling wrote: »

Unfortunately that wasn't the OP's original post but as usual everyone jumps down his throat telling him to pay up.....again if you read his original post he never stated he wasn't paying it.

You are right, the OP never said they were not paying it. But in my (possibly uber cynical) mind then this....

cookie1234 wrote: »

Just received a nice speeding fine, and on my birthday too!! Does anyone know how long the guards have to get the fine out in the post?? The date of the offence was at the start of October.

....which was the OP's OP, smacks of looking for an out. They state they recieve a fine, do not claim it was a mistake, and ask is it legitimite to recieve it a month after the offence took place.
I ask you, if this was not looking for a way out of it, what was it?

mfceiling

He/she asked....does anyone know how long it takes the garda to issue the fine.

Not sure how anyone can immediately post "just pay the fine"

Jimdagym

mfceiling wrote: »

He/she asked....does anyone know how long it takes the garda to issue the fine.

Not sure how anyone can immediately post "just pay the fine"

OP has the fine in their hand, they are not waiting to recieve it.

djimi

mfceiling wrote: »

He/she asked....does anyone know how long it takes the garda to issue the fine.

Not sure how anyone can immediately post "just pay the fine"

The OP was given the correct answer several times and apparently didnt believe what they were told.

It was a daft question also in fairness; does anyone really think that the Garda have less than a month to process an offense?

source

cookie1234 wrote: »

All sorted?! It appears that the address printed on the speeding ticket where the van snapped me is incorrect. So, as there is no such speed limit at that address, no fine to pay!!

Are you sure????? Usually a townland is given as the address. So while it might not align with the road number or the local given name for an area, it's still the correct name for the area and the fine stands.

Also I'm starting to believe that this story is completely made up to get a controversial thread going......why else would you start off saying you were stopped by the traffic CORPS and not a van. Then in the post I've quoted say the fine was issued from a van????? Changing of story makes me disbelieve your whole story.

I call shenanigans!

Jimdagym

It wasn't the op stopped by traffic corps, it was deniminan.

juan.kerr

cookie1234 wrote: »

All sorted?! It appears that the address printed on the speeding ticket where the van snapped me is incorrect. So, as there is no such speed limit at that address, no fine to pay!!

If got to you didn't it? So I wouldn't count on that getting you off the hook.

cookie1234

juan.kerr wrote: »

If got to you didn't it? So I wouldn't count on that getting you off the hook.

It got to me because they have my address as that is where my car is registered?!! Its the location where I was zapped by the van that is incorrect. As there is no such speed limit at the location on the ticket it is invalid.

I have at no point said I would not pay the fine and accept I was in the wrong. When I originally received the fine I thought that a month was a long time for it to take for it to get to me and asked to be pointed in the right direction to clarify this.

I did not believe the 6 month period I was told as this seems an extremely long time for such a simple process to occur, especially as I said its 14 days in the UK (and yes I know I'm not in the UK).

Our man in Havana

They have 4 months from the date of the offence to issue a notice. Add the 56 days to pay which takes it all up to 6 months.

If they have the location wrong then it is game over for the officers of the state. If you win chalk one down for the good guys and watch your back in the future. They are often sore losers as is the nature of the beast.

mcgarrett

Our man in Havana wrote: »

They have 4 months from the date of the offence to issue a notice. Add the 56 days to pay which takes it all up to 6 months.

If they have the location wrong then it is game over for the officers of the state. If you win chalk one down for the good guys and watch your back in the future. They are often sore losers as is the nature of the beast.

A simple application in court to amend the townland sorts that out.

audidiesel

Bloodwing wrote: »

In terms of how long the Garda has to issues the fine 6 months isn't exactly right. It would have to be with you in 6 months - 57 days. If you receive a fine 50 days before the 6 months the Gaurd won't be able to apply for a summons if you fail to pay it in 56 days as the offence will be statute barred.

thats not actually correct. in relation to the offence, the statute of limitations state that a prosecution has to be initiated within 6 months. once the fcps (ticket) is created and gone through the system by this point, then the prosecution has been initiated.

if there is a follow on summons due to non payment at this point, then it will have been as a result of the initial prosecution and is allowed as being within the statute of limitations.

with regard to these tickets, we do not create the summons for them in any case. they are automatically generated if there is non-payment.

in this particular case though, the fine was delivered within a month or so and all the above doesnt really apply in any case.

Bloodwing

audidiesel wrote: »

thats not actually correct. in relation to the offence, the statute of limitations state that a prosecution has to be initiated within 6 months. once the fcps (ticket) is created and gone through the system by this point, then the prosecution has been initiated.

if there is a follow on summons due to non payment at this point, then it will have been as a result of the initial prosecution and is allowed as being within the statute of limitations.

with regard to these tickets, we do not create the summons for them in any case. they are automatically generated if there is non-payment.

in this particular case though, the fine was delivered within a month or so and all the above doesnt really apply in any case.

I'm afraid not, the issue of an FCPS is not considered to be the initiation of a prosecution. The critical date is the day the SA1 arrives with the courts.

Take a look at this link http://www.citizensinformation.ie/en/justice/criminal_law/criminal_trial/time_limitations.html. Also check the circulars and you'll see it there.

ResearchWill

audidiesel wrote: »

thats not actually correct. in relation to the offence, the statute of limitations state that a prosecution has to be initiated within 6 months. once the fcps (ticket) is created and gone through the system by this point, then the prosecution has been initiated.

if there is a follow on summons due to non payment at this point, then it will have been as a result of the initial prosecution and is allowed as being within the statute of limitations.

with regard to these tickets, we do not create the summons for them in any case. they are automatically generated if there is non-payment.

in this particular case though, the fine was delivered within a month or so and all the above doesnt really apply in any case.

We do not have a criminal statute of limitations in Ireland. The six months people are stating is I assume that which is in the Petty Sessions Ireland Act 1851. In any case I have looked at the Road Traffic Act 2010 sections 34 to 49 deal with fixed penalty notices. I can not see any time limits for the issuing of fixed penalty notices, but section 40 (7) says:

(7) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under subsection (2) consisting of a contravention of section 35 (6) or an offence under section 38 (4) may be brought at any time within 2 years from the date on which the offence was committed.

It seems that any other offence would still be covered by petty sessions ireland Act 1851 where a six month time limit to request the summons would apply.

As set out in section 44 (8)



(8) In this section “summons” means a summons issued under—

(a) section 10 of the Petty Sessions (Ireland) Act 1851, or

(b) the Courts (No. 3) Act 1986 .

Esel

areyawell wrote: »

threaten the card with anal fisting, might let u off

Which card do you recommend? The hole card might not be scared by the threat, and the queen would probably like it.... :eek: :0

OP: Pay the fine, or else go Freeman on the judge's ass. Just before he/she jails you for contempt of court, apologise profusely and raise the address issue.

TheNog

A fixed penalty fine must be received at the Fixed penalty office 70 days prior to the end of 6 months after the alleged offence. This allows for 56 day payment period if the motorist wishes to accept the fine. If the motorist does not accept the alleged offence or fails to pay it then 14 day period for creation of summons for court.

Please know that the court date does not have to be within the 6 months.

Hope this answers all questions

Our man in Havana

In that situation if he nominated someone else the offence would time out.

TheNog

Our man in Havana wrote: »

In that situation if he nominated someone else the offence would time out.

Good point. I'm only referring to guidelines I read last week.

But if the notice is sent to the registered owner that has 28 days to nominate a driver. A new notice is issued to the second driver and they have 28 days to pay?

Our man in Havana

The would have 56 days to pay.

MadsL

TheNog wrote: »

A fixed penalty fine must be received at the Fixed penalty office 70 days prior to the end of 6 months after the alleged offence. This allows for 56 day payment period if the motorist wishes to accept the fine. If the motorist does not accept the alleged offence or fails to pay it then 14 day period for creation of summons for court.

Please know that the court date does not have to be within the 6 months.

Hope this answers all questions

The last time I read up on this I thought I read a 24 month statute for prosecution.

In my own case I was snapped by a Garda van in 2004, forgot to pay the fine and then submitted the payment a day late. It was returned to me with a handwritten "You will have to go to court".

I never heard a further thing. I did a police background check in 2011 that showed nothing outstanding. If there is no statute of limitations can I still be prosecuted?

TheNog

Our man in Havana wrote: »

The would have 56 days to pay.

56 days is all that is allowed

TheNog

MadsL wrote: »

The last time I read up on this I thought I read a 24 month statute for prosecution.

In my own case I was snapped by a Garda van in 2004, forgot to pay the fine and then submitted the payment a day late. It was returned to me with a handwritten "You will have to go to court".

I never heard a further thing. I did a police background check in 2011 that showed nothing outstanding. If there is no statute of limitations can I still be prosecuted?

There is no chance you can be prosecuted for it now. A person has be prosecuted within a reasonable amount of time. A year is way too long for speeding unless a summons was issued and re-issued for say if you changed addresses

MadsL

TheNog wrote: »

There is no chance you can be prosecuted for it now. A person has be prosecuted within a reasonable amount of time. A year is way too long for speeding unless a summons was issued and re-issued for say if you changed addresses

That's what I am wondering when people say there is not statute of limitations for a speeding offence - so who defines "reasonable"? I was sure 2 years is mentioned somewhere and I'm trying to find it.

Anyone know?

ResearchWill

MadsL wrote: »

That's what I am wondering when people say there is not statute of limitations for a speeding offence - so who defines "reasonable"? I was sure 2 years is mentioned somewhere and I'm trying to find it.

Anyone know?

Minor offences (including most motor) usually have a summons issued under the Petty Seasions Ireland Act 1851, that Act requires that any summons be requested (that is AGS or who ever applying for the summons to be issued) within 6 months of the offence.

Now some minor offences (non registering for house hold charge, certain offences under road traffic act, state that the Petty Seasions Ireland Act 1851 does not apply and another limitation period applies.

Example section 40 (7) of the RTA 2010,

(7) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under subsection (2) consisting of a contravention of section 35 (6) or an offence under section 38 (4) may be brought at any time within 2 years from the date on which the offence was committed.

In relation to a minor offence that the Petty Seasions Ireland Act 1851 applies to while the summons may be requested within six months it may not always be served in that time. While there is no limitation on the case being heard within a certain time some cases seem to state that anything over 2 years and 4 months (if I remember correctly) is too long and proceedings should be struck out.