Went to court today and ...

simplybam

This is in relation to this thread which is closed.

So I went to court today over this speeding fine and happened to get a judge who was in a really bad mood, it seemed. The reason it took so long is that the court in question only sits 2 days a month. I got a €500 fine or alternatively 1 month prison.

The way this year looks for me financially is rather dismal (worst since 2007, really). Since there isn't much work coming my way anyway I am seriously considering doing the month in prison instead of paying the fine.

My main question here is - would this be a criminal conviction or just a civil offence. I really need to know since if this was a criminal conviction, it could seriously affect my future.

Thanks for any help

Stheno

Surely it's the same conviction regardless of how which you chose?

We don't yet have a law that wipes out minor convictions after a period of time here yet, so any check on your background will show a conviction for a speeding offence iirc

Pat Mustard

A speeding conviction is a criminal conviction. It may be a minor road traffic offence, but it is still a criminal conviction. The penalty follows on from the conviction.

Holsten

It's a conviction no matter what form of sentence you get.

A speeding conviction will have close to zero impact on your future.

If you take the month in prison you will likely spend less than half a day at a jail, there are not enough spaces to have you there.

ABajaninCork

If you don't plan on going to the US/Oz/NZ - fair enough. Do the porridge. Otherwise? Pay the fine. Borrow the money if necessary. If you serve time it'll show up wherever you apply for work.

coylemj

ABajaninCork wrote: »

If you don't plan on going to the US/Oz/NZ - fair enough. Do the porridge. Otherwise? Pay the fine. Borrow the money if necessary. If you serve time it'll show up wherever you apply for work.

I don't believe your criminal record shows whether you paid the fine or did the time. The conviction is logged at the time of the court, electing to not pay the fine and going to prison usually happens long after that and I don't think it affects the original record of the conviction which will simply say that you were fined.

Pro Hoc Vice

ABajaninCork wrote: »

If you don't plan on going to the US/Oz/NZ - fair enough. Do the porridge. Otherwise? Pay the fine. Borrow the money if necessary. If you serve time it'll show up wherever you apply for work.

It makes no difference, the matter had been recorded as a conviction.

A_Sober_Paddy

Know a few lads who have picked the "hard" time option, spend 20 minutes in the jail and were left back out...They were for packing fines, but one of them was a fine upto 750€ for a load of offences

PLL

Yeah I've heard of people choosing to do the time instead of paying the fine and they never spent more than a day inside.

Also, I have seen on job application forms where it asks do you have any criminal convictions not including motoring offenses. I doubt if it did stick a speeding offense would affect you too much.

Little CuChulainn

Holsten wrote: »

It's a conviction no matter what form of sentence you get.

A speeding conviction will have close to zero impact on your future.

If you take the month in prison you will likely spend less than half a day at a jail, there are not enough spaces to have you there.

I wouldn't be too sure of that. Sure if it's 3 days in default you might be out in a half hour but a month? You're taking a risk.

As to the op, once you fail to pay the fine a penal warrant is issued for you. The local Gardaí have 6 months to execute it. If you keep in contact with them they'll likely give you that time to raise the money. You're basically looking at saving €25 a week or taking your chance with prison. Consider contacting MABS if you need help saving the cash.

Victor

In prison, you can't really earn anything, unless you get get an agreement for day release. Make some arrangement to get the money. The courts will normally agree to some form of instalment payment, but I don't know how that works.

There is a risk, that at some time in the future, someone will ask you "have you ever been to prison?" and you will have to say "Yes". Having to admit you paid a fine for a traffic offence is much better than saying you went to prison for a traffic offence.

PLL wrote: »

Yeah I've heard of people choosing to do the time instead of paying the fine and they never spent more than a day inside.

That is a very big risk.

GoodLord

great when a judge in a bad mood can give a big fine. Good mod = small fine?

Stella11

Would you consider appealing it? You have 14 days. 500 fine seems very high. I presume you were summonsed just for speeding and not failure to appear previously? I re read your last thread it seemed no warrant probably ever issued. I think if you appeal it you might get a more sympathetic judge but you'd prob need to be able to show that your financial circs are not good, that you tried to pay the fine but it was too late, that you fully cooperated with the guards etc. you can lodge the appeal yourself. It's always possible the penalty can be increased but probably highly unlikely.
I really wouldn't think going to prison to avoid a fine is the way to go.

simplybam

Thanks for all the advise. I should get the letter from the court by the end of the week/beginning of next week. I'll see what it actually states and see if I can pay in instalments. Else I might just have to bite the bullet and hope with the prison overcrowding and all, they'll only lock me up for a few days.

NipNip

Did you have a solicitor to argue your case for you?

AlanS181824

That's horrible, I'd personally choose the fine as I don't think I'd like to serve any time at all in prison.

Fred Swanson

This post has been deleted.

FreudianSlippers

Maybe it was closed for a reason? Don't open a new thread on the subject and see a solicitor.