summons question

carzony

I recieved a summons a few weeks ago and i am due to appear in court on the 12th of april. The summons is for no nct and insurance, even though I have the relevant documents here with me.

I rang the garda station today and asked to speak to the gardai whos name is on the summons but I was told she wasnt in. I was hoping the guard could get it struck out there and then instead of wasting time going to court for nothing, However the guard on the phone told me i'd have to go to court to get it struck out?

surely me and the guard in question doesnt have to go all the way into the courts to produce a few documents??

Nino Brown

If you're due in court next week I would imagine the producing the documents ship has sailed. Surely you were given the opportunity to produce the documents long before now. I doubt a Garda has the authority to have anything struck out of court, they are Guards, not Judges.

bigbarginhunter

Go to court, produce the documents to the Garda in question & she will get it struck out. If you don't show up the judge will issue a bench warrent.

bitburger

my mate didnt show up for court for motoring offenses, he was banned and fined even though he wasnt present, he had no insurance.

December2012

Nope, safest bet is to go to court.

You're being prosecuted for not having these on a certain date, not now.

Jo King

carzony wrote: »

I recieved a summons a few weeks ago and i am due to appear in court on the 12th of april. The summons is for no nct and insurance, even though I have the relevant documents here with me.

I rang the garda station today and asked to speak to the gardai whos name is on the summons but I was told she wasnt in. I was hoping the guard could get it struck out there and then instead of wasting time going to court for nothing, However the guard on the phone told me i'd have to go to court to get it struck out?

surely me and the guard in question doesnt have to go all the way into the courts to produce a few documents??

You should go to the Garda station well in advance of the hearing and show the documents to the prosecuting guard. Even if they say they will strike it out, you should go to court with the documents. It is too risky. It is up to the judge to strike out a summons and they can refuse even if the guard asks for it. Some judges get annoyed when people who are summonsed are not there and convict anyway. Some want an explanation as to why the documents were not produced on time.
If you are not there and something goes wrong you will have a load of hassle.

ScouseMouse

I was summonsed for the same thing, although I had presented to Tallaght garda station. The guard was busy and wrote it on a slip of paper. Got lost I suppose.

On the day I met the guard at Richmond Court, explained I had presented, and showed him the documents again. When the case was called, he asked the judge to strike it out and he did.

Case closed.


I assume you did have your paperwork in order THE DAY you were stopped? and not after, because you were stopped?

carzony

superscouse wrote: »

I was summonsed for the same thing, although I had presented to Tallaght garda station. The guard was busy and wrote it on a slip of paper. Got lost I suppose.

On the day I met the guard at Richmond Court, explained I had presented, and showed him the documents again. When the case was called, he asked the judge to strike it out and he did.

Case closed.


I assume you did have your paperwork in order THE DAY you were stopped? and not after, because you were stopped?

I had everything on me, funny thing was that she never asked me for the nct cert, just the insurance and then I get a summons for no nct :eek:

coylemj

bigbarginhunter wrote: »

Go to court, produce the documents to the Garda in question & she will get it struck out. If you don't show up the judge will issue a bench warrent.

District Court judges typically do not issue bench warrants for non-appearance of the defendant in cases of 'bread & butter' motoring summons. Dangerous driving maybe but not for the stuff the OP is summonsed for.

OP, the prosecuting Garda doesn't have the power to cancel the case once the summons are issued so you or someone on your behalf will have to show up in court. In cases like yours, a lot of people send brothers/sisters/wives/husbands to meet the Garda in the court (best done before the case is called) and once the Garda sees the documents and is satisfied that everything is in order, he/she will then ask the judge to strike out the summons.

bigbarginhunter

Have to disagree with you there from my own experience, after producing documents at a Garda station bench warrant issued a year & a half later for not producing insurance. So trust me it can happen & it's a lot of hassle when it does!