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Does a Speeding Offence Expire After a Year?

  • 23-09-2013 10:16am
    #1
    Registered Users, Registered Users 2 Posts: 5


    Hi guys....

    Have a question in relation to a speeding offence and I'm hoping you might be able to help me with.

    Over a year ago I was caught speeding passing through motorway roadworks that were marked as a 60 zone (I didn't know it at the time) - I was doing 70 or thereabouts so completely in the wrong.

    Some weeks later a letter arrived addressed to my wife but since I was driving I updated with my details and sent the letter back so everything would be in my name. A letter never arrived back in my name or so I thought.

    A couple of months later I was going through a drawer where all our bank statements were kept and came across a white windowed envelope that looked very like the letters we get from the bank. Upon opening it, it turned out to be the penalty notice in my name. My wife had seen the letter and thought it was a bank statement so in the drawer it went.

    As soon as I had the letter I went to the post office to pay the notice but the 58 days or whatever it was had passed (I have a receipt to prove I tried to pay). I tried ringing the various departments to rectify it but to no joy - the notice had now gone to the courts. Nothing I could do but make a court appearance and pay a higher fine.

    It was over a year ago since the offence took place. Is there a period of time where the offence can expire or a certain length of time where they have to bring proceedings against me?


Comments

  • Registered Users, Registered Users 2 Posts: 5,193 ✭✭✭Cleveland Hot Pocket


    Most RTA offences have a 2.5 yr time before being statute barred afaik. Open to correction though.


  • Registered Users, Registered Users 2 Posts: 1,674 ✭✭✭aaabbbb


    JRJ wrote: »
    Hi guys....

    Have a question in relation to a speeding offence and I'm hoping you might be able to help me with.

    Over a year ago I was caught speeding passing through motorway roadworks that were marked as a 60 zone (I didn't know it at the time) - I was doing 70 or thereabouts so completely in the wrong.

    Some weeks later a letter arrived addressed to my wife but since I was driving I updated with my details and sent the letter back so everything would be in my name. A letter never arrived back in my name or so I thought.

    A couple of months later I was going through a drawer where all our bank statements were kept and came across a white windowed envelope that looked very like the letters we get from the bank. Upon opening it, it turned out to be the penalty notice in my name. My wife had seen the letter and thought it was a bank statement so in the drawer it went.

    As soon as I had the letter I went to the post office to pay the notice but the 58 days or whatever it was had passed (I have a receipt to prove I tried to pay). I tried ringing the various departments to rectify it but to no joy - the notice had now gone to the courts. Nothing I could do but make a court appearance and pay a higher fine.

    It was over a year ago since the offence took place. Is there a period of time where the offence can expire or a certain length of time where they have to bring proceedings against me?


    Was that the M1 roadworks last year by any chance ?


  • Registered Users, Registered Users 2 Posts: 5 JRJ


    aaabbbb wrote: »
    Was that the M1 roadworks last year by any chance ?

    To keep a degree of anonymity I'd prefer not to say when or where the offence took place.

    Are you in the same boat?


  • Closed Accounts Posts: 2,000 ✭✭✭fl4pj4ck


    call Shannon and ask them, they will need your license number and will let you know over the phone


  • Registered Users, Registered Users 2 Posts: 8,004 ✭✭✭ironclaw


    JRJ wrote: »
    To keep a degree of anonymity I'd prefer not to say when or where the offence took place.

    Are you in the same boat?

    There is a thread here about the M1 (I think) and points being thrown out on a technicality i.e. The limit wasn't approved by a council bye law etc. Have a search here very recently.


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  • Registered Users, Registered Users 2 Posts: 5,193 ✭✭✭Cleveland Hot Pocket


    ironclaw wrote: »
    There is a thread here about the M1 (I think) and points being thrown out on a technicality i.e. The limit wasn't approved by a council bye law etc. Have a search here very recently.
    Wasnt that the N3?


  • Registered Users, Registered Users 2 Posts: 1,746 ✭✭✭SachaJ


    I'd be interested to have a read of that thread if anyone can dig up a link. Search is not helping much


  • Registered Users, Registered Users 2 Posts: 17,473 ✭✭✭✭Blazer


    3 years before points drop off your license.
    I should know at this stage :(


  • Registered Users, Registered Users 2 Posts: 7,302 ✭✭✭Supergurrier


    3 years.

    Also fun fact if you have had 3 points for say 2 years and 11 months and get 3 more you are up to 6 for the full 3 years again and so on.


  • Banned (with Prison Access) Posts: 1,151 ✭✭✭rovoagho


    There must be only a few million cars travelling up and down the M1, be careful what you say. If you narrow it down to a week I could probably tell you your uncle's dog's name.


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  • Registered Users, Registered Users 2 Posts: 7,302 ✭✭✭Supergurrier


    OSI wrote: »
    Don't think that's true. I've had points come off my licence while others are still active.

    Maybe the case but I have had two uncles caught out that way afew years back.

    Never had any points on my own license so can't say for sure.


  • Registered Users, Registered Users 2 Posts: 216 ✭✭lotmc


    Your story is almost identical to what happened to me last year

    Offence took place in August 2012
    Initial summons (wife's name) October 2012
    Sent form back saying it was me (not wife) immediately
    Letter absolving wife received in November 2012, presume the fine for me came same time
    Found unopened letter to me in a drawer in Feb 2013
    Sent off cheque immediately, but it was returned to me stating i was too late and i would be getting a court summons
    Got the summons in March, ans court date in April 2013
    Went to court and, after waiting for 3 hours, case was called. Apologised to the judge / first offence in xx years / genuine oversight with summons / produced evidence of payment (even though rejected) / apologised again.
    Got off very lightly!

    As my case was called with a few months of the expiry of the time when the payment was due, it is surprising that you are waiting a year. However, there is no time limit. It could be that someone has successfully challenged a speeding fine at the same place that you got caught???

    Anyway good luck, and if you do get to court dont forget to apologise.


  • Registered Users, Registered Users 2 Posts: 1,674 ✭✭✭aaabbbb


    aaabbbb wrote: »
    Was that the M1 roadworks last year by any chance ?

    No but I know a fair few people that are/were. That spot was notorious at the time 'cos the speed limit dropped from 120 to 60 with lanes ending so that you needed to accelerate/overtake to have any hope of getting into the open lanes before you ran out of road.


  • Registered Users, Registered Users 2 Posts: 5 JRJ


    lotmc wrote: »
    Your story is almost identical to what happened to me last year

    Offence took place in August 2012
    Initial summons (wife's name) October 2012
    Sent form back saying it was me (not wife) immediately
    Letter absolving wife received in November 2012, presume the fine for me came same time
    Found unopened letter to me in a drawer in Feb 2013
    Sent off cheque immediately, but it was returned to me stating i was too late and i would be getting a court summons
    Got the summons in March, ans court date in April 2013
    Went to court and, after waiting for 3 hours, case was called. Apologised to the judge / first offence in xx years / genuine oversight with summons / produced evidence of payment (even though rejected) / apologised again.
    Got off very lightly!

    As my case was called with a few months of the expiry of the time when the payment was due, it is surprising that you are waiting a year. However, there is no time limit. It could be that someone has successfully challenged a speeding fine at the same place that you got caught???

    Anyway good luck, and if you do get to court dont forget to apologise.

    Tell me, did your summons arrive by registered post? I'd assume (perhaps incorrectly) that something as important as a court summons would need a proof of delivery.


  • Registered Users, Registered Users 2 Posts: 71,186 ✭✭✭✭L1011


    Maybe the case but I have had two uncles caught out that way afew years back.

    Never had any points on my own license so can't say for sure.

    It is the case - that has never been the way points work. Each set expire at 3 years, it matters not one bit to their expiry date if you accrue others.

    Your uncles sound like they were trying to cover for being caught twice more.


  • Registered Users, Registered Users 2 Posts: 5 JRJ


    rovoagho wrote: »
    There must be only a few million cars travelling up and down the M1, be careful what you say. If you narrow it down to a week I could probably tell you your uncle's dog's name.

    Ok fair enough, point proven.

    It was on the M1 roadworks last year. I'd be very interested to know if people are challenging those offenses but TBH I was speeding so it was my fault.


  • Registered Users, Registered Users 2 Posts: 216 ✭✭lotmc


    JRJ wrote: »
    Tell me, did your summons arrive by registered post? I'd assume (perhaps incorrectly) that something as important as a court summons would need a proof of delivery.

    No. - the summons came in regular post, not registered.

    If someone ignored it, I'd say it would only be a matter of time before a Garda pays them a visit with a new summons....


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