Can't attend court summons

whiskeyman

I've a court appearance next week I can't attend (no NCT). No prior fine. I accept guilty and got it all sorted since.
I've left messages for the guard so I can let him know, but he hasn't got back. I'm leaving a letter with copies of docs to his station today for his attention.
Either way, I won't be able to attend or get any friends or family to make it either.
Do I now need to get a solicitor to represent me? What sort of cost would they charge? Are they available on short notice for such cases? A guard I rang said write a letter to the court clerk; but he said they are hard to track down and my time is limited now.
Never been in this situation, and don't intend to again!
Thanks

hullaballoo

What most people don't get is how dim a view judges take of people who "can't attend" court. It needs to be an extraordinarily good reason for it to be acceptable for a lot of judges.

Having a solicitor represent you might be the best option to avoid a higher fine but the additional cost of having a solicitor might not be offset by the reduced fine. No NCT comes with a fine and points, the level of the fine being determined by the judge. The points automatically follow as a corollary to the conviction and the judge has no say in relation to the points.

Unless there really is a good reason, you should attend on your own behalf. It's one morning.

whiskeyman

Thanks for the reply hullaballoo.
I totally agree with you.
I would definately attend if I was in the country, but I should have stated I'm going to a family wedding abroad on that day (typical timing!).
Either way, it's gonna cost I guess.

Cody Pomeray

O.6 r. 2 of the district court rules has it that there are occasions where mothers, fathers, sons and daughters, husbands and wives, and brothers and sisters (or any combination of the above, I suppose) may have a right of audience where they have the leave of the DJ and where your absence is unavoidable.

I wouldn't like to try it ! It's a pain getting a solicitor but do a deal; you might end up worse off if the judge gets browned off.

Galway K9

Now this is not legal advice, just curiousity but could you just get someone else to pretend to be you and take the slap on the wrist?

hullaballoo

Ok, that is probably a reasonable enough excuse (again, that utterly depends on the judge in question). Having a solicitor represent you shows that you take it seriously. They may even seek to have the matter adjourned so that you can attend the next time but you would have to figure out between you and the solicitor how much 2 attendances are going to cost.

Some might be willing to do the adjournment for nothing. The judge might decide they can deal with the matter in your absence (especially where you're not contesting the charge). A reasonable solicitor can take you through all of this. My experience is that the five points are inevitable, since the judge's hands are tied by the Oireachtas. A fine is almost impossible to get out of but showing up (or having someone show up) ought to reduce the fine.

One final thing to note is that this will affect your insurance in the future. You will face increased premiums from most insurers, some may refuse to offer you insurance. You will be obliged to report the conviction to your insurer as well as the points, when they are endorsed. (You might agree with me that it's a totally ridiculous scenario that no NCT gives rise to such penalties when speeding is an €80 fine and 2 points, no conviction in most cases.)