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Penalty points question and no FPN

  • 28-01-2015 1:06am
    #1
    benjamin d
    Registered Users, Registered Users 2 Posts: 921 ✭✭✭


    Hi guys, I have a couple of questions regarding a court summons I have for February.
    I was observed speeding last June (which I accept), but having moved house to a new place 40km away in March never knew until I was sent a photo of my summons by an ex housemate the week before I was due in court in mid-January. After several fairly frantic phone calls to the garda station where the offence happened I managed to get the case adjourned until next month, as there was no way I could attend court 100km away from where I live at such short notice.
    I'm curious though that I was never sent a fixed penalty notice for what was a standard speeding offense, just a court summons dated late August. What's the legality of that and is that usual?
    I've contacted a solicitor and they're pretty confident that the judge will accept that I didn't know about this until after the summons, so I should only have to pay the initial fine and points, but I'm also wondering whether I'm liable for just 2 points and a fine, since 3 points for speeding was only introduced on 1st August?
    I would like to make clear that I'm not looking to 'get away' with anything, I accept that I was speeding!


Comments

  • #2
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    benjamin d wrote: »
    I'm curious though that I was never sent a fixed penalty notice for what was a standard speeding offense, just a court summons dated late August. What's the legality of that and is that usual?
    It's perfectly legal. You have no right to be given the option of avoiding prosecution by paying a ticket; the system is intended to make the state's job easier and cheaper by minimising prosecutions, not to benefit offenders. They can skip the issue of a ticket and move straight to prosecution if they wish.

    I don't know how usual it is. I would have thought they would normally issue a ticket, unless the details of your offence are so egregious that they want to go straight to prosecution and argue for a heavy fine and a long ban. If that doesn't sound like your offence, then most likely this was an administrative glitch. Or, they did issue a ticket but your ex-housemates weren't so conscientious about sending that on to you as they were with the summons.


  • #3
    benjamin d
    Registered Users, Registered Users 2 Posts: 921 ✭✭✭benjamin d


    Thanks, it was just curiosity really. My ex housemates insist that's all I was sent. I went to the house to collect the letter.
    Regarding the points: all things considered and with everything going my way in court, I'd imagine my penalty will be two points rather than three given that that was the penalty at the time of the offence?


  • #4
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Peregrinus wrote: »
    It's perfectly legal. You have no right to be given the option of avoiding prosecution by paying a ticket; the system is intended to make the state's job easier and cheaper by minimising prosecutions, not to benefit offenders. They can skip the issue of a ticket and move straight to prosecution if they wish.

    I don't know how usual it is. I would have thought they would normally issue a ticket, unless the details of your offence are so egregious that they want to go straight to prosecution and argue for a heavy fine and a long ban. If that doesn't sound like your offence, then most likely this was an administrative glitch. Or, they did issue a ticket but your ex-housemates weren't so conscientious about sending that on to you as they were with the summons.

    I'm pretty sure it is a legal requirement that the matter be dealt with by fcp before summons. I'll try and find the relevant legislation but if I recall, the wording states that a person "shall" be given a fixed charge penalty as opposed to "may" be given. And I have seen cases thrown out for this.

    The ops issue would appear to be that his housemates were not dealing with his mail very well.
    benjamin d wrote: »
    Thanks, it was just curiosity really. My ex housemates insist that's all I was sent. I went to the house to collect the letter.
    Regarding the points: all things considered and with everything going my way in court, I'd imagine my penalty will be two points rather than three given that that was the penalty at the time of the offence?

    Points are doubled when applied by a court.


  • #5
    benjamin d
    Registered Users, Registered Users 2 Posts: 921 ✭✭✭benjamin d


    When I lived there there was always a neat stack of post for ex residents that never really got thrown out, so I do believe them when they say I didn't get anything else.
    Little CuChulainn wrote: »
    Points are doubled when applied by a court.

    So even if the judge completely accepts that I didn't know about the summons etc., he's legally bound to give me double points?


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