Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Can a motor offence case proceed without delivery of summons?

Options
  • 09-03-2013 11:06pm
    #1
    da6xsi
    Banned (with Prison Access) Posts: 133 ✭✭


    I left ireland last year to work abroad and in june guards went to my last address with summons for road traffic offences to a person there a relative whom they know many years and respect and have a good relationship with and he explained i had left country for work and they just said ok asked which country was i workin in and left.

    Im back in ireland now and will be insuring a car soon as i start a new job

    Is there anyway this court case can have proceeded in my absence without delivery of summons and without my knowledge and ability to defend myself in court.

    And if they cant proceed in the case then do the summons expire after a time period unless the prosecuting guard reapplies to the dpp for a renewal as i know is the normal procedure but is it safe to assume the prosecuting guard will not have applied for a renewal knowing i had left the country and end of the day was only motor offences hardly worth hunting me down when i get back to ireland when surely they deliver and renew summons for more serious criminal offences on a weekly basis

    Just want some insight here ? any helpful links would be appreciated also thanks


Comments

  • Options
    #2
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    Unable to give a direct answer due to forum charter.

    Your questions are in relation to service and renewal of summonses.

    Assuming that the road traffic charges were brought in the District Court, then take a look at Order 10 of the District Court Rules. Also see Order 10 Rule 7:
    7. Personal service of a document in accordance with the provisions of section 7 of the Courts Act 1964 shall be effected upon a person in the State by delivering to that person a copy thereof or by leaving the copy for that person at his or her last or most usual place of abode, or at his or her office, shop, factory, home or place of business with that person's husband or wife, as the case may be or with a child or other relative (apparently residing with that person) of that person or of his wife or her husband as the case may be, or with any agent or employee of that person, or with the person in charge of the house or premises wherein that person usually resides, provided that the person (other than the person upon whom service is to be effected) with whom the copy is left is not under the age of sixteen years and is not the person instituting the proceedings.

    Did the Gardai effect service or attempt service on your relative? Exactly what relation is this relative to you?

    If you hire a solicitor, he can make enquiries on your behalf. The answers to the following questions could be useful.

    1. When did the summonses issue?
    2. What attempts were made to serve the summonses?
    3. Was valid service effected?
    4. Were the summonses ever renewed?
    5. Did the matter come before the court?
    6. If the matter came before the court, what was the outcome?


  • Options
    #3
    da6xsi
    Banned (with Prison Access) Posts: 133 ✭✭da6xsi


    Thanks for the reply

    Its my grandfather whom they visited ive lived with him for last 5-6 years except wheh i have worked outside of country.

    If a guard does not apply for renewal of summons what happens then?

    Can the case proceed ?

    I have a solicitor same one ive always used but if he contacts guards with this enquiry would this not invite them to pursue the case again surely?


  • Options
    #4
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    da6xsi wrote: »
    Its my grandfather whom they visited ive lived with him for last 5-6 years except wheh i have worked outside of country.
    The service issue needs to be examined. You'll have to get your solicitor to give you an answer on that.
    da6xsi wrote: »
    If a guard does not apply for renewal of summons what happens then?

    Can the case proceed ?
    I really can't answer that due to forum charter but let's just say it's not difficult to get a summons renewed. (Forum charter does not allow advice, only discussion).
    da6xsi wrote: »
    I have a solicitor same one ive always used but if he contacts guards with this enquiry would this not invite them to pursue the case again surely?
    That depends on a number of factors. Is there a large District Garda Station that can be contacted? If you have a sensible solicitor, he may be able to get the required information from the courts service and Gardai without stirring up trouble. It's only common sense that if you were to make enquiries of the Gardai yourself, you could put them on alert.

    You need to ask your solicitor about how to proceed. If I found myself in your position, I'd get a solicitor to make enquiries and to advise accordingly.


  • Options
    #5
    da6xsi
    Banned (with Prison Access) Posts: 133 ✭✭da6xsi


    The Mustard wrote: »
    The service issue needs to be examined. You'll have to get your solicitor to give you an answer on that.


    I really can't answer that due to forum charter but let's just say it's not difficult to get a summons renewed. (Forum charter does not allow advice, only discussion).


    That depends on a number of factors. Is there a large District Garda Station that can be contacted? If you have a sensible solicitor, he may be able to get the required information from the courts service and Gardai without stirring up trouble. It's only common sense that if you were to make enquiries of the Gardai yourself, you could put them on alert.

    You need to ask your solicitor about how to proceed. If I found myself in your position, I'd get a solicitor to make enquiries and to advise accordingly.

    Ah im still awaiting a promised callback of his secretary hes notoriously hard to get hold of as hes always in courthouse or on other business. Think i might just go into him in person.

    Last question suppose this could give me my answer.. If a case had gone ahead surely some other sort of letter would have been sent to an address for me after?


  • Options
    #6
    SB2013
    Closed Accounts Posts: 805 ✭✭✭SB2013


    A road traffic matter can proceed in the absence of an accused if the judge is satisfied with the service of the summons. So it is possible you were convicted in your absence.

    If the summons was not served through no fault of the prosecution then it may be reissued.

    Generally the courts office will send out a letter to notify a person if they have been convicted in their absence.


  • Advertisement
  • Options
    #7
    da6xsi
    Banned (with Prison Access) Posts: 133 ✭✭da6xsi


    SB2013 wrote: »
    A road traffic matter can proceed in the absence of an accused if the judge is satisfied with the service of the summons. So it is possible you were convicted in your absence.

    If the summons was not served through no fault of the prosecution then it may be reissued.

    Generally the courts office will send out a letter to notify a person if they have been convicted in their absence.

    Well im thinking now surely a letter must be sent to advise of the case and outcome if the defendants not in court?


Advertisement