Seriously ill relative and district court summons

Vologda69

Hi guys,

My uncle is seriously ill in hospital with lung cancer. The hospital can confirm this. His post wasn't checked for weeks. Finally got around to checking it for him yesterday and he has received a fine for speeding and a summons for the District Court in December for non payment. I don't want to worry him with this. If I go in person to the district court and explain his situation, can they do anything. My poor mother broke down in tears. Any advice appreciated.

johnnyskeleton

http://www.courts.ie/rules.nsf/0c609d7abff72c1c80256d2b0045bb64/a70259993571101e80256d2b0046a047?OpenDocument

Pro Hoc Vice

Turn up on the day, explain the situation, bring evidence, if the court orders that the matter continues ask the court in all the circumstances to grant legal aid. Or ask a solicitor to take the matter on and ask them to apply for legal aid.

McCongo

infosys wrote: »

Turn up on the day, explain the situation, bring evidence, if the court orders that the matter continues ask the court in all the circumstances to grant legal aid. Or ask a solicitor to take the matter on and ask them to apply for legal aid.

A solicitor will have to meet the uncle and take instructions before doing anything. That will defeat the purpose.
O/P You might be able to chance showing the evidence and saying that the uncle would plead guilt and ask if there is any chance of a poor box solution.

Santa Cruz

I would advise getting a letter from the doctor in which the fact that he is seriously ill and in hospital are mentioned. The Judge can adjourn the case, dismiss and allow to be re entrered at a later date if necessary.
It might be useful to contact the prosecuting Garda and let him know the full situation as the Judge may ask him if he has any knowledge of the situation.

McCongo

Santa Cruz wrote: »

I would advise getting a letter from the doctor in which the fact that he is seriously ill and in hospital are mentioned. The Judge can adjourn the case, dismiss and allow to be re entrered at a later date if necessary.
It might be useful to contact the prosecuting Garda and let him know the full situation as the Judge may ask him if he has any knowledge of the situation.

A doctor can't give a letter without the consent of the patient. That will defeat the purpose.

Pro Hoc Vice

McCongo wrote: »

A solicitor will have to meet the uncle and take instructions before doing anything. That will defeat the purpose.
O/P You might be able to chance showing the evidence and saying that the uncle would plead guilt and ask if there is any chance of a poor box solution.

A solicitor can be instructed by the family, a solicitor can visit the Uncle in hospital or at home and get instructions if possible, if not possible to get instructions the solicitor can inform the court of this. If the uncle unable to instruct that is a whole other problem, as the solicitor will have to inform the court that he can not enter a pla or in fact defend the case.

Pro Hoc Vice

McCongo wrote: »

A doctor can't give a letter without the consent of the patient. That will defeat the purpose.

We are all assuming that the uncle can give consent, if he can not family member or a solicitor can inform the court of the difficulty. The court can order the hospital to send the court any required information.

McCongo

infosys wrote: »

We are all assuming that the uncle can give consent, if he can not family member or a solicitor can inform the court of the difficulty. The court can order the hospital to send the court any required information.

The o/p has already stated that he doesn't want to bother the uncle with this. If that is the case, isn't the uncle going to wonder why a solicitor wants to speak to him and why he is being asked to have a medical report about his condition released?

Pro Hoc Vice

McCongo wrote: »

The o/p has already stated that he doesn't want to bother the uncle with this. If that is the case, isn't the uncle going to wonder why a solicitor wants to speak to him and why he is being asked to have a medical report about his condition released?

He said he does not want to worry the uncle, the only way not to worry the uncle will be to get AGS to drop the charges. It will be a lot more worry if everything ends up in court with no explanation.

If the matter is only a speeding fine, then just allow the conviction and pay fine and the uncle will get points. If on the other hand it's anything serious the uncle will have to find out about it at some stage so the matter can be sorted.

McCongo

infosys wrote: »

If the matter is only a speeding fine,

The o/p has already said it is a speeding fine.
Why are you getting lawyers and doctors reports?

Pro Hoc Vice

McCongo wrote: »

The o/p has already said it is a speeding fine.
Why are you getting lawyers and doctors reports?

I missed that, then turn up in court, explain to judge who you are and why uncle is not there. Judge may ask AGS is this correct. In any event worst case is fine and points. A nice judge may strike the matter out.

Would have been a good idea if I did not speed read OP.

Cody Pomeray

If lung cancer hasn't killed your Uncle thank god.. a summons is unlikely to do it.

Instead of trying to have a game of chess with the court procedures, when there's no real legal advice to be had, just do the practical thing and explain to the poor man that some silly, minor matter like a speeding ticket has gone un-noticed, and you will sort it out for him, not to worry. I know people can be fragile but this is such a minor issue and it would be a shame to let it get out of hand.

McCongo

infosys wrote: »

Would have been a good idea if I read OP.

There. Fixed that for you.