Broke red lights

og2k7

Hey

Broke the red lights (completely my fault,so please save me any smart comments) over 7 months ago and just got summoned.

Now the problem is that i have booked holidays a few months ago and wont be able to make it that day. Can I
postpone it? I definitely wont make it. What can i do.

Any advice would be appreciated - never dealt with courts before. Want to get it over with

Cheers

bcmf

Dont show up in court and you will get maximum fine/punishment.*
Show up in court and quite possibly get the maximun fine/punishment.
I know I wouldnt be cancelling my holiday over it!
Possibility that if the only case the Garda has to go to court for theywont show up an will be thrown out.


*I dont know what the maximum fine punishment is.

Tenzor07

og2k7 wrote: »

Now the problem is that i have booked holidays a few months ago and wont be able to make it that day. Can I postpone it? s

No, can't be postponed.

if you are really bothered you can hire a solicitor to attend for you.

You'd be surprised at the sheer number of people who don't show for traffic court.

At worst you'll be issued a fine in your absence, maybe €80.

og2k7

Tenzor07 wrote: »

No, can't be postponed.

if you are really bothered you can hire a solicitor to attend for you.

You'd be surprised at the sheer number of people who don't show for traffic court.

At worst you'll be issued a fine in your absence, maybe €80.

Thanks guys. I am bothered a bit as never had anything to do with courts, so dont even know what to expect.

I think i will take the risk and dont go - the max is 1000 eur, gather they wouldnt hit me with that.

So definitely no point ringing and trying to postpone?

Ps havent had hols in 2 years, finally booked and this happens

Turner

Get somebody to go in on your behalf. Explain to the Judge your situation.

Nobody showing up shows a lack of respect for the whole process, best not to piss off the man/woman who is going to determine your fine.

TonyStark

og2k7 wrote: »

Hey

Broke the red lights (completely my fault,so please save me any smart comments) over 7 months ago and just got summoned.

Now the problem is that i have booked holidays a few months ago and wont be able to make it that day. Can I
postpone it? I definitely wont make it. What can i do.

Any advice would be appreciated - never dealt with courts before. Want to get it over with

Cheers

Did you not have to pay a find before it escalates to going to court?

wirelessdude01

TonyStark wrote: »

Did you not have to pay a find before it escalates to going to court?

Would have thought there would have been a few steps before it got to court.

Beasty

wirelessdude01 wrote: »

Would have thought there would have been a few steps before it got to court.

Until a fixed penalty regime is in place. the only action that can be taken is via the courts. Under the current regime, anyone breaking the law can have no complaints if their case ends up in court

bcmf

Beasty wrote: »

Until a fixed penalty regime is in place. the only action that can be taken is via the courts. Under the current regime, anyone breaking the law can have no complaints if their case ends up in court

Its mad that there is no fixed 'on the spot' fine for this.
While breaking a red light is just pure stupid to take up court and Garda time for it non-sensical..of course imo!!

Beasty

I agree - a fixed penalty regime is definitely the way to go and there has been some progress in moving towards one in recent times. Not sure where it is up to at present though, and in the absence of fixed penalty options alas the only course of action involves full court appearances. Cyclists really need to understand this and can have little complaint if that ends up being the consequence of their (law-breaking) actions. In the meantime I guess the more we actually highlight the anomalies (certainly in comparison to the "treatment" of motorists), hopefully the sooner we will see proper government action in this area.

Santa Cruz

Contact the District Court Clerk and explain the situation. He/She may advise that you send in a letter explaining that you are away and request a adjournment. I would never recommend ignoring a summons as it is an insult to the court.

Tenzor07

Most likely a fine by post in your absence.

If you do not appear in court on the date stated in the summons, the District Court may either:

Go ahead with the hearing in your absence or
Decide to adjourn the matter. You will be notified of the new date for the hearing
If, on the adjourned date, you have still failed to appear in court and the judge is satisfied you were given reasonable notice of the adjourned hearing, the court may

Issue a warrant for your arrest to bring you to court or
Go ahead with the hearing in your absence

Bigus

Garda involved mightn't show up send somebody to represent you.

unichall

Send someone in your place, explain that holiday was booked before summons was received,ask for an adjournment. There won't be any problems, you'll just get a new date, easy

og2k7

Thanks guys for all the advice, will ring tomorrow and see what can be done.

Have a good one

og2k7

Beasty wrote: »

I agree - a fixed penalty regime is definitely the way to go and there has been some progress in moving towards one in recent times. Not sure where it is up to at present though, and in the absence of fixed penalty options alas the only course of action involves full court appearances. Cyclists really need to understand this and can have little complaint if that ends up being the consequence of their (law-breaking) actions. In the meantime I guess the more we actually highlight the anomalies (certainly in comparison to the "treatment" of motorists), hopefully the sooner we will see proper government action in this area.

Couldnt agree more, i am one to blame - never done it before and never done it after. Got bit distracted and it just happened.

Re on the spot penalties would definately be the way forward, as this feels bit like a waste of court's time imo

Limestone1

og2k7 wrote: »

Hey

Broke the red lights (completely my fault,so please save me any smart comments) over 7 months ago and just got summoned.

Now the problem is that i have booked holidays a few months ago and wont be able to make it that day. Can I
postpone it? I definitely wont make it. What can i do.

Any advice would be appreciated - never dealt with courts before. Want to get it over with

Cheers

How did this play out - did you get stopped 7 months ago or was this out of the blue ?

Macy0161

Beasty wrote: »

Not sure where it is up to at present though

Wasn't it delayed over something stupid like how do they identify a cyclist stopped for an offence, or am I making that up?

Tenzor07

Macy0161 wrote: »

Wasn't it delayed over something stupid like how do they identify a cyclist stopped for an offence, or am I making that up?

Not that a Garda has even stopped me(on the bike), but don't they normally ask for a drivers license if you are pulled over whilst on a bicycle?

Macy0161

Tenzor07 wrote: »

Not that a Garda has even stopped me(on the bike), but don't they normally ask for a drivers license if you are pulled over whilst on a bicycle?

Haven't been pulled up on the bike, so I don't know. But I have a memory that the excuse for the delay was identification for fixed penalty, but they can identify now to issue a summons.

Tenzor07

Most likely they would confiscate the bicycle until you showed up at the station with a passport I.D or some such..

Allabaah

og2k7 wrote: »

Thanks guys for all the advice, will ring tomorrow and see what can be done.

Have a good one

Good luck with that. If someone is representing you, be sure that they have supporting documentation: copy of travel itinerary, tickets, payment confirmation emails etc.

C3PO

Probably be worth giving the Garda in question a call and explain your situation - most of them are decent enough blokes and he might propose a solution!

monument

Macy0161 wrote: »

Wasn't it delayed over something stupid like how do they identify a cyclist stopped for an offence, or am I making that up?

The delay is most likely the usual legal delay -- not a priority / too much work in the drafting office.

Will check with the DoT.

Macy0161

monument wrote: »

The delay is most likely the usual legal delay -- not a priority / too much work in the drafting office.

I would think so, but they usually use some technical excuse rather than admit to it not being a priority!

joxerjohn

You should definately send in a letter to the clerk if you do not plan on attending.

Bloggsie

Afternoon, how did you get on?

TychoCaine

C3PO wrote: »

Probably be worth giving the Garda in question a call and explain your situation - most of them are decent enough blokes and he might propose a solution!

My personal experience of this situation (not bike, but motoring related) is that once a summons is issued then it's outside the guard's control. It has to go to court. I recommend that you get a solicitor, and not a friend, to appear on your behalf. There's no need to get the case adjourned. The solicitor will just plead guilty on your behalf and you'll pay the fine when you get back.

og2k7

Hey guys

So spoken with the office, explained the situation and been told the court date may either be changed or i may be told (afterwards) what the outcome is. Me not being there seems not to be an issue.

Been assured that is not a problem and also asked to send email (that i have gotten response to within 24hrs) - which has been also added to the case file.

Will update this thread towards end of april when i get the final word back.

Ps When i was stopped i was asked to present my photo id, address and phone number.