Court Summons

raven101

I was involved in an accident last summer whereby I went through a red light in error and hit the side of another car. I admitted fault to the accident as i did cause it. The Gardai were called at the time and i was cautioned. A few months later the Guard dealing with the case phoned me and asked me to give a statement in my local station (His station and where the accident happened is about 3 hours away from my home town). I did this last September and didn't hear anything since. Last evening the local Guard called into my parents with a summons (This is address where I was living at the time). I had no letter/fine in the mean time which i would have no problem paying. What is the likely outcome of this summons and being called before the court?
Sorry have no idea about this as am a regular law abiding person with no previous fines/penalty points to my name!

Meso Harney

What is the summons for? What is the exact charge?

curioser

raven101 wrote: »

I was involved in an accident last summer whereby I went through a red light in error and hit the side of another car. I admitted fault to the accident as i did cause it. The Gardai were called at the time and i was cautioned. A few months later the Guard dealing with the case phoned me and asked me to give a statement in my local station (His station and where the accident happened is about 3 hours away from my home town). I did this last September and didn't hear anything since. Last evening the local Guard called into my parents with a summons (This is address where I was living at the time). I had no letter/fine in the mean time which i would have no problem paying. What is the likely outcome of this summons and being called before the court?
Sorry have no idea about this as am a regular law abiding person with no previous fines/penalty points to my name!

You should'nt have given the statement (you are not obliged to incriminate yourself) but it's too late to undo. As you say that it was your fault, your best bet is to face the music, engage a solicitor in the locality of the court and he/she will try to have the charge knocked down a bit, e.g. dangerous driving to careless, or driving without due care and attention.

challengemaster

There is no letter for careless driving or dangerous driving, only a mandatory court appearance.

A driver charged and subsequently found guilty of careless driving will receive 5 penalty points on their licence and may also be fined up to a maximum of €5,000. If the careless driving causes death or serious bodily harm, the driver is liable on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine not exceeding €10,000 or to both.

raven101

I haven't seen the letter/notice yet but i believe it is for careless driving. Also no injuries and the insurance side of it has been dealt with and all finished with for a long time now.

corktina

so what's the story with the summons? it hasn't been served on you, your parents cannot accept it on your behalf. Talk to your solicitor.

challengemaster

corktina wrote: »

so what's the story with the summons? it hasn't been served on you, your parents cannot accept it on your behalf. Talk to your solicitor.

Not true.

http://www.citizensinformation.ie/en/justice/criminal_law/criminal_trial/summons.html wrote:

Service of the summons
The rules which govern the service of summonses are to be found in the Rules of the District Court (Order 10). Basically a summons can be served on you in the following ways:

Personal delivery: by handing a copy of the summons to you or by leaving it at your last known abode or your place of work, or with your spouse, child or other relative.

coylemj

raven101 wrote: »

I haven't seen the letter/notice yet but i believe it is for careless driving. Also no injuries and the insurance side of it has been dealt with and all finished with for a long time now.

In that case the summons should mention Section 52 of the Road Traffic Act and specify that you were driving 'without due care and attention' which is the definition of careless driving.

If there was no injuries and the insurance has been settled then you should expect a fine and some points on your licence but you definitely need to get a solicitor.

As another poster has said, you should not have made a statement. In a situation like that where you know you were in the wrong, you are only giving the Gardai ammunition by making a statement. Even if you feel that as a law abiding citizen the Gardai deserve respect and co-operation, believe me it will not knock a feather out of one of them if you simply say that on the advice of your solicitor you are not making a statement. If the Gardai had had enough evidence to prosecute you, they probably wouldn't have bothered to ask you for a statement.

Max001

coylemj wrote: »

If the Gardai had had enough evidence to prosecute you, they probably wouldn't have bothered to ask you for a statement.

I'm not familiar with procedures in this jurisdiction, but in many other developed countries, its standard practice for statements to be taken from those involved and possibly independent witnesses, where drivers are in dispute.

A driver that admits fault at the scene and makes an admission under caution which is recorded by police, provides enough evidence to prosecute. Especially if the investigating officer took photos or drew a sketch map for the court, showing the positions of the vehicles involved, if they weren't moved first. In fact, police would have enough evidence with sketches and statements from the other driver etc., so strictly speaking, verbal or written statements from the driver at fault aren't essential.

In some occasions it can be in a defendant's own interest to be seen to co-operate fully with police and you can include any mitigating factors on your own behalf.

Really though, the smart thing to do is to consult your solicitor before you make any verbal or written statements, though many solicitors will simply tell you to co-operate fully, because there's nothing to gain by not co-operating.

You were at fault. You admitted it. Thus you're not wasting the court's time. If you've no previous motoring convictions and because there were no injuries or other factors against you, you'll likely get the minimum penalty, whatever that is.

ardle1

You will be summoned before a judge, and a judge will decide what action(if any)should be taken in relation to your careless driving. It's possible, for such a minor 'offence' that it will be struck out. It is also possible that you will get a ban!

Max001

ardle1 wrote: »

It is also possible that you will get a ban!

When was the last time anyone got banned for careless driving, with no injuries caused? In my experience, what you've said, simply isn't credible. Can you give a recent example?

Del2005

Max001 wrote: »

When was the last time anyone got banned for careless driving, with no injuries caused? In my experience, what you've said, simply isn't credible. Can you give a recent example?

It might not have happened but get a judge on a bad day without qualified representation and it could happen. No harm in saying what the highest sanction the court can apply so people can decide if they want to engage a solicitor or risk our fickle justice system.

_Kaiser_

Del2005 wrote: »

It might not have happened but get a judge on a bad day without qualified representation and it could happen. No harm in saying what the highest sanction the court can apply so people can decide if they want to engage a solicitor or risk our fickle justice system.

+1 .. there's a thread on the go in AH about a woman who's been banned for 6 months for parking in a disabled spot.

While I disagree with what she did myself, that's a ridiculous sentence for a parking violation and may not even be legal apparently from what some are saying.

Becomes even more farcical when you see the sentences for actually serious road traffic offences.

dr.fuzzenstein

Kaiser2000 wrote: »

+1 .. there's a thread on the go in AH about a woman who's been banned for 6 months for parking in a disabled spot.

While I disagree with what she did myself, that's a ridiculous sentence for a parking violation and may not even be legal apparently from what some are saying.

Becomes even more farcical when you see the sentences for actually serious road traffic offences.

That woman didn't bother showing up in court, this might have something to do with her sentence. Once OP shows up, properly represented, it should be ok.
Unless the judge us drunk, has a bad day or is handing down silly sentences that he knows will be overturned, simply to make a name for himself. It has happened.

ardle1

ardle1 wrote: »

You will be summoned before a judge, and a judge will decide what action(if any)should be taken in relation to your careless driving. It's possible, for such a minor 'offence' that it will be struck out. It is also possible that you will get a ban!

Max001 wrote: »

When was the last time anyone got banned for careless driving, with no injuries caused? In my experience, what you've said, simply isn't credible. Can you give a recent example?

Sorry I didn't know you couldn't get a driving ban for careless driving! I have no evidence, just something I took for granted.....

Mikros

Max001 wrote: »

When was the last time anyone got banned for careless driving, with no injuries caused? In my experience, what you've said, simply isn't credible. Can you give a recent example?

How much experience do you have in court because depending on the Judge on the day a driving ban for a careless driving prosecution is a real possibility.

Here is a 1 year ban for careless driving.

Asides from that a conviction for careless driving will be recorded as an endorsement on a persons's licence which will significantly increase the cost of insurance.

Bottom line - get a solicitor.