statute of limitations with respect to Driving offence.

Boss Hog

is their a time limit that has to be adhered to between a road traffic offence and an issuing of a summons.

like if its over 6 months without the authorities being satisfied that a summons has been served is that issue put to bed? or is it indefinite? or is a warrant issued then?

I ask because i was stopped 5 and a half months ago under the impression i was insured (i was driving my brothers car) long story short i wasnt, didnt produce my insurance because it wasn't valid & i had no way to the Station because i didnt drive after the incident.
anyway i haven't received a summons since and i havent been evading the guards or anything. I got stopped by the same guard about 5 days ago (3rd time driving a car since the incident) i produced all the (current valid) documents to him, and he was under the impression i should be up in court soon and asked did i get a summons, and seemed a little disheartened when i said no.
we ended up chatting i admitted i was totally in the wrong but wasnt aware of it at the time, he seemed sympathetic at the end of our conversation said he wouldn't object if "your solicitor requested the obligatory driving ban for no insurance be lifted, and told me not to worry about it untill i get the summons and then talk to him then"

my Delema is i cant help but worry i just want a definitive answer how long do i have to worry for? surely 10 years down the line i cant get a summons in the post?

another thing to note is that i am living in another county at the moment (the one where the offence happened) for college, and haven't been home since the summer, the guard was adamant on the night that he wanted my home address, my parents have been at my home address 60% of the time and said nothing of that nature has come for me, and it is a extremely rural area the nearest full time garda station is 1hr ether side of the town and their is 2 part time stations 20min each side as well. so i dont know if attempts have been made?

1 Is their a limit?

2 If so how long?

3 best coarse of action? (bearing in mind im a student and don't have disposable funds for a solicitor)

Any constructive insight would be greatly appreciated!

Thanks,

Henry

Pro Hoc Vice

1. Is there a limit? Yes

2. If so how long? Well the AGS have in such cases 6 months to request a summons to be issued. Once the summons has been requested in that time then section 10 (4) of the Petty Sessions Ireland Act 1851 is satisfied.

There is no statutory time limit on then serving a summons. There was case law saying 2years 4 months was to long as prejudice could be implied. But more recent case law seems to suggest that there is no hard and fast rule, and any argument on delay, it will be up to the court to apply the test set down by the Supreme Court. The longest I have seen was almost 8 years.

3. What to do? Just as your solicitor said if the summons is served deal with it otherwise try and put it out of your head.

Boss Hog

Thanks for the reply,
AGS? (An Garda Síochána i presume) it is up to the Garda who stopped me or a Garda in my home constituency to request a summons? the Garda said something strange as well, " oh you havent got it yet? well you should have got it to your home address in *********... unless you have a Gard sitting on it for you down their " what did he mean by that? I Dont have any relations, friend's or known at all by the Garda.

Will this mean if i get stopped at a checkpoint or go into a station for any reason or they could call into my work, they could arrest me? or tell me im being looked for, is their any way to check if a summons has been requested?
If so it would probably be advisable to wait 6 months + before inquiring I presume.

Thanks Infosys,

Henry

sam34

once the six months have passed, you could ask the clerk at the district court office if a summons has been requested/issued. if none has been requested, happy days!

Boss Hog

Thanks for the reply sam34. which district court? the one where the offence happened or my local one with respect to my home address.

I wish i didnt bump into the same garda the other day he might follow it up now, considering it was inside the 6 months (Just )

sam34

afaik, offences are prosecuted at the local court but given that he took your parents address, I don't know. you could check both courts I guess, it's only two phonecalls.

hullaballoo

Moderator: I have deleted some posts. I would ask that people not post information that identifies or could identify them.

Also, please do not make allegations against other people unless you are prepared to stand over those allegations in the event that you get sued or prosecuted.

Boss Hog

i got a summons ~7months later went to court and everything got struck out.
Just giving a conclusion to the scenario.

Henry