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Summons issued - how to change court date?

  • 01-08-2013 10:37am
    #1
    whiskeyman
    Registered Users, Registered Users 2 Posts: 12,564 ✭✭✭✭


    I received a summons for having no NCT.
    It's a fair cop - I since got that all sorted and will take the fine.
    However, the court date clashes with my holiday!
    How do I go about adjourning it?
    The Gard who prosecuted me is currently on leave.
    Any help would be great.

    thanks


Comments

  • #2
    dublin daz
    Registered Users, Registered Users 2 Posts: 480 ✭✭dublin daz


    Get a solicitor to go on your behalf.


  • #3
    whiskeyman
    Registered Users, Registered Users 2 Posts: 12,564 ✭✭✭✭whiskeyman


    dublin daz wrote: »
    Get a solicitor to go on your behalf.

    What sort of fee would a solicitor look for?
    Would the judge look unfavourably on me if I had a solicitor to represent and possibly give me a higher fine?

    thanks


  • #4
    dublin daz
    Registered Users, Registered Users 2 Posts: 480 ✭✭dublin daz


    whiskeyman wrote: »
    What sort of fee would a solicitor look for?
    Would the judge look unfavourably on me if I had a solicitor to represent and possibly give me a higher fine?

    thanks

    Try to go yourself - it will look better before the Judge. Call the office and ask can you have the case adjourned - tell them you will be out of the country - you could say its something like a family member's wedding etc - but they might ask for proof.

    If you dont show up/ have a solicitor and the prosecuting Garda does then you might be/ more than likely will be convicted as you cant defend the accusation etc.

    You have 14 days to appeal a decision.


  • #5
    coylemj
    Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    dublin daz wrote: »
    If you dont show up/ have a solicitor and the prosecuting Garda does then you might be/ more than likely will be convicted as you cant defend the accusation etc.

    He's expecting to be convicted....
    whiskeyman wrote: »
    It's a fair cop - I since got that all sorted and will take the fine.

    So the only issue is a plea of mitigation, presumably on the basis that he got the NCT sorted soon after he was stopped.

    OP, will you be able to talk to the prosecuting Garda before you go on holidays i.e. is he back before you go? If so then maybe meet him, produce the documentation which shows that you're now sorted, then write a letter to the court, plead guilty and point out that you have shown the Garda the documentation.

    If you can't meet the Garda before you go on holidays then maybe send a family member down to the court on the day with your documentation (to show to the Garda) and a letter (to be handed to the clerk) pleading guilty.


  • #6
    dublin daz
    Registered Users, Registered Users 2 Posts: 480 ✭✭dublin daz


    Expecting a fine yes, I don't think the OP is expecting a conviction which is what will happen unless he or she can convince the court to allow a payment to the poor box and be spared a conviction.

    As silly as it is, in this case - a conviction will be a nuisance on future vetting / police certificates.


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