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Road Traffic Offense

  • 28-04-2014 11:00am
    #1
    Closed Accounts Posts: 132 ✭✭


    Hi
    Looking for some advice regards a recent summons I got for an unpaid parking ticket.Just wondering whats the maximum amount of fine I will receive if convicted in court?
    Also has anyone else had experience dealing with this?Would you advise to just pay the fine or would it be worth going to the schedueled court date to fight you're case?

    Thanks


Comments

  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 7 Psychedelic Pigeon


    he doesn't have to go to court Fred, if I was you DB, i wouldn't have accepted the summons at all, thats just an invitation to their place of business so they can extract some money from you, if you haven't harmed anyone there's no injured party, so now they need you to incriminate yourself, and if you go to court you will because like most people you are not proficient in legalese or subject matter jurisdiction.
    Statutes and ACT's only apply to legal entities, they do not apply to sovereign men. If I recieve paperwork from guys in blue suits or "courts" I just return them as I have no contract with them.

    Moderator: user was banned for this comment.


  • Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    he doesn't have to go to court Fred, if I was you DB, i wouldn't have accepted the summons at all, thats just an invitation to their place of business so they can extract some money from you, if you haven't harmed anyone there's no injured party, so now they need you to incriminate yourself, and if you go to court you will because like most people you are not proficient in legalese or subject matter jurisdiction.
    Statutes and ACT's only apply to legal entities, they do not apply to sovereign men. If I recieve paperwork from guys in blue suits or "courts" I just return them as I have no contract with them.

    If you ever intend to try any of that in the real world could you post here in advance so we can all go and watch?


  • Banned (with Prison Access) Posts: 656 ✭✭✭NipNip


    What exactly is 'subject matter jurisdiction'?


  • Registered Users, Registered Users 2 Posts: 4,396 ✭✭✭whomitconcerns


    he doesn't have to go to court Fred, if I was you DB, i wouldn't have accepted the summons at all, thats just an invitation to their place of business so they can extract some money from you, if you haven't harmed anyone there's no injured party, so now they need you to incriminate yourself, and if you go to court you will because like most people you are not proficient in legalese or subject matter jurisdiction.
    Statutes and ACT's only apply to legal entities, they do not apply to sovereign men. If I recieve paperwork from guys in blue suits or "courts" I just return them as I have no contract with them.

    yawn........................


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  • Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    NipNip wrote: »
    What exactly is 'subject matter jurisdiction'?

    It's the same as the rest of that post, utter BS aka Freeman nonsense.


  • Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    DB888 wrote: »
    Hi
    Looking for some advice regards a recent summons I got for an unpaid parking ticket.Just wondering whats the maximum amount of fine I will receive if convicted in court?
    Also has anyone else had experience dealing with this?Would you advise to just pay the fine or would it be worth going to the schedueled court date to fight you're case?

    Thanks

    As stated earlier, you can't pay the fine at this stage, the court case will go ahead. You can go to the court if you like but there will be dozens of cases listed, most will be uncontested (the defendant won't show up) so there will be a procession of traffic wardens and Gardai giving virtually identical evidence about parking infringements and you could be there all day waiting for your case to be called. Chances are that you'll be so bored by the repetitive nature of the business that you'll nod off sitting at the back of the court and not hear your name being called.

    In the normal course of events, judges frown on people not turning up but in the case of parking courts it's pretty much the opposite and unless you have a really good excuse, you'll be considered a time-waster and risk getting the judge's back up if you step forward and offer a lame excuse or engage in pseudolegal mumbo-jumbo (like our friend above) so if I was you I'd not bother going, you'll be fined roughly double the fine on the ticket. It's just not worth wasting a whole day in court.

    While you have the right to attend and technically are obliged to do so, in practice the judges tend to discourage people from attending by not handing down reduced fines to people for simply turning up and offering silly excuses. If they did, far more people would turn up and they'd only get through a fraction of the business they do on a typical day.

    You'll get a letter after about three weeks telling you how much you were fined and how to pay it.


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    DB888 wrote: »
    Looking for some advice regards a recent summons I got for an unpaid parking ticket.Just wondering whats the maximum amount of fine I will receive if convicted in court?
    What does the ticket / summons say regarding what act / section you are being prosecuted under?

    If having a conviction - and it is a conviction - is a problem for you, you would be well advised to engage a solicitor. This would be most economic if it is a solicitor who would normally attend that court anyway.


  • Banned (with Prison Access) Posts: 656 ✭✭✭NipNip


    Victor wrote: »
    What does the ticket / summons say regarding what act / section you are being prosecuted under?

    If having a conviction - and it is a conviction - is a problem for you, you would be well advised to engage a solicitor. This would be most economic if it is a solicitor who would normally attend that court anyway.

    They charge the same fees whether they're going to be there anyway or not.


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    NipNip wrote: »
    They charge the same fees whether they're going to be there anyway or not.
    But if a Galway solicitor has to attend a court in Bantry, you will be billed for lots of mileage, lunch, dinner and a hotel.


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  • Banned (with Prison Access) Posts: 656 ✭✭✭NipNip


    Victor wrote: »
    But if a Galway solicitor has to attend a court in Bantry, you will be billed for lots of mileage, lunch, dinner and a hotel.

    Well you'd be a bit thick to employ a solicitor in Galway if you were to appear in Bantry. Unless you bring your criminality across borders, in which case, lol, you deserve to pay for being doubly stupid.


  • Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    Victor wrote: »
    If having a conviction - and it is a conviction - is a problem for you, you would be well advised to engage a solicitor. This would be most economic if it is a solicitor who would normally attend that court anyway.

    What visa or job would you be denied as a result of a conviction for a parking offence?

    Do the Gardai keep a register of people who have been convicted of minor RTA offences?


  • Banned (with Prison Access) Posts: 656 ✭✭✭NipNip


    If you don't pay your parking ticket and you're caught, you're fined. No criminal implications. Pay your fine and off you go.

    If you refuse to pay the fine, you'll be brought to court. Criminal conviction for non payment of fine.


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Banned (with Prison Access) Posts: 656 ✭✭✭NipNip


    coylemj wrote: »
    What visa or job would you be denied as a result of a conviction for a parking offence?

    You're not being brought to court for a parking offence. You're being brought to court for failure to pay a fine.


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Banned (with Prison Access) Posts: 656 ✭✭✭NipNip


    This post has been deleted.

    I'll defer to the conviction that you have in your knowledge.

    The original offence was having no parking ticket. A fine was issued. To me, the crime answerable in the court, is failure to pay the fine. I stand corrected!


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    coylemj wrote: »
    What visa or job would you be denied as a result of a conviction for a parking offence?

    Do the Gardai keep a register of people who have been convicted of minor RTA offences?

    Yes it's called PULSE. But most visa applications exclude road traffic Convictions, but if not excluded then as it is a conviction it is included.

    But here is what USA embassy says,

    "In general, minor and common motoring offenses outside the U.S. that were disposed of by paying a ticket by mail have no bearing on admission to the United States. Travelers with minor traffic offenses that did not result in their arrest and/or conviction for the offense may travel visa free, provided they are otherwise qualified. If you are not sure whether or not you are eligible to travel visa free, the only way to resolve this question would be to apply for a visa. The Embassy cannot provide any further guidance on this matter until you appear in person before a consular officer for a visa application interview."


    http://dublin.usembassy.gov/mobile//non-immigrant_visas/criminal-convictions.html


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    coylemj wrote: »
    What visa or job would you be denied as a result of a conviction for a parking offence?
    A driving job?

    Regarding visas, one can imagine the following questions:

    "How stupid are you that you got a conviction for bad parking?"

    "How bad was your parking that you got a conviction instead of just a ticket?"


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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  • Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    Victor wrote: »
    A driving job?

    Regarding visas, one can imagine the following questions:

    "How stupid are you that you got a conviction for bad parking?"

    "How bad was your parking that you got a conviction instead of just a ticket?"

    I see a question mark after each line Victor, do you have any actual facts to share with us?

    The US embasssy for one only cares about offences involving 'moral turpitude' and I doubt if even the Gardai would deny you entry to the force because of a parking conviction.

    Are people seriously claiming that the Gardai enter details of parking convictions into PULSE? Without a date of birth, the data is useless.


  • Banned (with Prison Access) Posts: 656 ✭✭✭NipNip


    coylemj wrote: »
    I see a question mark after each line Victor, do you have any actual facts to share with us?

    The US embasssy for one only cares about offences involving 'moral turpitude' and I doubt if even the Gardai would deny you entry to the force because of a parking conviction.

    Are people seriously claiming that the Gardai enter details of parking convictions into PULSE? Without a date of birth, the data is useless.

    Your car registration is linked to your address, date of birth and name.


  • Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    NipNip wrote: »
    Your car registration is linked to your address, date of birth and name.

    Not unless you have come to Garda attention. The vehicle record will have details of your name and address but it has to be manually linked to your garda record and this is only done when you come to the attention of Gardaí.


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Closed Accounts Posts: 132 ✭✭DB888


    Thanks for the help guys
    Got a bit of advice from a few different solicitors I know,basis of it is that the fine is fixed and will not be increased unless I really piss the judge off.So if I turn up or not the fine will most likely stay the same
    Its €90 at the moment,I will most likely pay the fine and be done with it.The thing that gets to me is that after I recieved a solicitors letter I rang the county council involved and spoke to a employee looking after traffic offenses.He told me I am 100% in the clear and there is no outstanding debts / fines or anything else owed.I thought at the time ok thats it done,then I receive this letter.Which is also dated 41 days ago
    Half thinking of going to court and contesting it for the experience


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    DB888 wrote: »
    Thanks for the help guys
    Got a bit of advice from a few different solicitors I know,basis of it is that the fine is fixed and will not be increased unless I really piss the judge off.So if I turn up or not the fine will most likely stay the same
    Its €90 at the moment,I will most likely pay the fine and be done with it.The thing that gets to me is that after I recieved a solicitors letter I rang the county council involved and spoke to a employee looking after traffic offenses.He told me I am 100% in the clear and there is no outstanding debts / fines or anything else owed.I thought at the time ok thats it done,then I receive this letter.Which is also dated 41 days ago
    Half thinking of going to court and contesting it for the experience

    Contesting on what grounds? Make sure you talk to a solicitor who has experience with the judge. Judges have lots of quirks and pet hates.


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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