Missed court date

Fiddlesnap

Hi,
So some time ago I was pulled over for glancing at my phone in very slow moving traffic. It was a fair cop and I was told to produce my license and pay the fine etc. I paid the fine but couldn't find my license. The date passed and a court case was given. I stuck the notice up on the notice board in the kitchen where it duly got covered with shopping lists, kids pictures etc. The upshot is I missed the court date.

Just got a letter today with a fine for €750 and a driving ban!! I have 2 kids under 4, work part time and am putting myself through college at nights. I literally do not have that money. Anyone know is there any leeway here?

I have emailed the district court office and the Garda traffic dept.

Thanks in advance

Little CuChulainn

You need a solicitor to lodge an appeal fairly sharpish.

callaway92

Fiddlesnap wrote: »

Hi,
So some time ago I was pulled over for glancing at my phone in very slow moving traffic.

good to know

byronbay2

Bloody hell - you made a right mess of that! Couldn't find your license? FORGOT court date? Hard to have much sympathy for you, in fairness. Still, hope you can find a way to sort this out without the €750 + ban, given your circumstances. Best of luck.

boardsuser1

Little CuChulainn wrote: »

You need a solicitor to lodge an appeal fairly sharpish.

+1 you need to have the case set aside so you can apply for permission to appeal.the reason most likely for the big fine and/or ban is due to your non appearance most likely,judges don't like people who do that,in any even you need to ring a solicitor preferably today if not already done or tomorrow at the latest.

NB: this is not legal advice as it is not permitted

Miaireland

Get onto a Solicitor today.

Fiddlesnap

Thank you for your responses. I will ring a solicitor now. I'm guessing I'll pay through the nose for that too eh?

@Byronbay2 You are very right - I royally messed up on this one. In my defence, as with a lot of us these days, life is pretty difficult lately. RDrasitcally reduced work hours/wage, 2 kids under 4, putting myself through college too so working around the clock really so I'm a proper dozy bugger a lot of the time!

Ken.

You are lucky. I never got a summons for a court case and was sentenced in my absence to 3 months. Just got into bed after a 12 hour night shift and a knock came to the door and a Garda was standing there with cuffs to bring me to mountjoy.

I was able to prove I didn't get the letter and appealed and got a fine instead.

Claw Hammer

KC161 wrote: »

+1 you need to have the case set aside so you can apply for permission to appeal.the reason most likely for the big fine and/or ban is due to your non appearance most likely,judges don't like people who do that,in any even you need to ring a solicitor preferably today if not already done or tomorrow at the latest.

NB: this is not legal advice as it is not permitted

Set aside is only available where the summons was not received. The o/p got the summons. The only remedy is an appeal and an application for a stay pending appeal.

Fiddlesnap

ken wrote: »

You are lucky. I never got a summons for a court case and was sentenced in my absence to 3 months. Just got into bed after a 12 hour night shift and a knock came to the door and a Garda was standing there with cuffs to bring me to mountjoy.

I was able to prove I didn't get the letter and appealed and got a fine instead.

Good God that is awful! And still not one banker behind bars.....

Little CuChulainn

Fiddlesnap wrote: »

Good God that is awful! And still not one banker behind bars.....

What's the relevance?

Fiddlesnap

Little CuChulainn wrote: »

What's the relevance?

There vigour in which minor offences are followed up and executed while larger white collar crimes go relatively unpunished.

Little CuChulainn

Fiddlesnap wrote: »

There vigour in which minor offences are followed up and executed while larger white collar crimes go relatively unpunished.

What are you basing that on?

Claw Hammer

Fiddlesnap wrote: »

There vigour in which minor offences are followed up and executed while larger white collar crimes go relatively unpunished.

How do you know there have been white collar offences which have been unpunished?

Fiddlesnap

Oh listen, I'm not entering an internet debate on this. I appreciate the advice and that is what I am concentrating on. Scratch my somewhat facetious comment from the record if you wish.

Peppa Pig

Fiddlesnap wrote: »

Hi,
I paid the fine but couldn't find my license.

How did you manage that? Do you not have to give your licence number for the penalty points to be attached?

Fiddlesnap

Peppa Pig wrote: »

How did you manage that? Do you not have to give your licence number for the penalty points to be attached?

Apparently not - I got my points!

kirving

It seems a bit ridiculous that you can pay the fine, get the points, and still be taken to court for not physically showing it to the Gard?

boardsuser1

Claw Hammer wrote: »

Set aside is only available where the summons was not received. The o/p got the summons. The only remedy is an appeal and an application for a stay pending appeal.

only going on my own personal experience,i don't doubt you though

Claw Hammer

KC161 wrote: »

only going on my own personal experience,i don't doubt you though

District Court Rules.
24. (1) In this rule—

“the Act of 1851” means the Petty Sessions (Ireland) Act 1851;
“the Act of 1986” means the Courts (No. 3) Act 1986 (No. 33 of 1986);

“the Act of 1991” means the Courts Act 1991 (No. 20 of 1991).


(2) Where a summons has been issued under section 11(2) of the Act of 1851 or section 1 of the Act of 1986 and the Court has proceeded to hear the complaint or accusation to which the summons relates and the person to whom the summons is directed intends to apply pursuant to section 22(6)(a) of the Act of 1991 to have the proceedings set aside on the ground that he or she did not receive notice of the summons or of the hearing to which the summons relates, such application may be made at any sitting of the Court for the transaction of summary business for the court area wherein the hearing to which the summons relates has taken place. Where the application is not made within 21 days after the said summons or hearing comes to the notice of the applicant, a further period within which to make the application may be sought ex parte at any sitting of the Court for the said court area.

Uno my Uno.

You can only appeal if you have grounds for appeal, unfortunately forgetting to turn up is not a grounds for appeal, nor is needing your car to drop the kids to school.

Speak to your solicitor, yes you will need to pay for their services.

Fiddlesnap

Uno my Uno. wrote: »

You can only appeal if you have grounds for appeal, unfortunately forgetting to turn up is not a grounds for appeal, nor is needing your car to drop the kids to school.

Speak to your solicitor, yes you will need to pay for their services.

Would you have a rough idea what kind of fees they would charge?

Claw Hammer

Uno my Uno. wrote: »

You can only appeal if you have grounds for appeal, unfortunately forgetting to turn up is not a grounds for appeal, nor is needing your car to drop the kids to school.

Speak to your solicitor, yes you will need to pay for their services.

There is an automatic right of appeal from the District Court to the Circuit Court.
The hearing is De Novo so no grounds need to be advanced. The only issue is whether to simply appeal the severity of the sentence of try and get off by having a trial. Not turning up at the District Court makes no difference. All that has hppened is the person has one less chance of getting off or a lighter sentence.

Fiddlesnap

That is encouraging.

Uno my Uno.

Claw Hammer wrote: »

There is an automatic right of appeal from the District Court to the Circuit Court.
The hearing is De Novo so no grounds need to be advanced. The only issue is whether to simply appeal the severity of the sentence of try and get off by having a trial. Not turning up at the District Court makes no difference. All that has hppened is the person has one less chance of getting off or a lighter sentence.

You're right of course.

Claw Hammer

Fiddlesnap wrote: »

Would you have a rough idea what kind of fees they would charge?

Legal aid solicitors charge a lot less than other solicitors. Try and find one who operates in your local District Court.

Kristopherus

Claw Hammer wrote: »

Legal aid solicitors charge a lot less than other solicitors. Try and find one who operates in your local District Court.

Why should the taxpayers contribute to the OP's costs. Nobody to blame but himself.

boardsuser1

Claw Hammer wrote: »

District Court Rules.
24. (1) In this rule—

“the Act of 1851” means the Petty Sessions (Ireland) Act 1851;
“the Act of 1986” means the Courts (No. 3) Act 1986 (No. 33 of 1986);

“the Act of 1991” means the Courts Act 1991 (No. 20 of 1991).


(2) Where a summons has been issued under section 11(2) of the Act of 1851 or section 1 of the Act of 1986 and the Court has proceeded to hear the complaint or accusation to which the summons relates and the person to whom the summons is directed intends to apply pursuant to section 22(6)(a) of the Act of 1991 to have the proceedings set aside on the ground that he or she did not receive notice of the summons or of the hearing to which the summons relates, such application may be made at any sitting of the Court for the transaction of summary business for the court area wherein the hearing to which the summons relates has taken place. Where the application is not made within 21 days after the said summons or hearing comes to the notice of the applicant, a further period within which to make the application may be sought ex parte at any sitting of the Court for the said court area.

is that the only reason for setting something aside in the irish statute book???not up to date on this but my case was set aside.anyhow i'm not the OP,it's his/her thread.

Piper101

You only received the ban and massive fine because, as you weren't present to offer a defence, that you didn't have a licence. Appeal and you will be ok. Maybe a much lesser fine for failing to produce.

Claw Hammer

KC161 wrote: »

is that the only reason for setting something aside in the irish statute book???not up to date on this but my case was set aside.anyhow i'm not the OP,it's his/her thread.

There may be other ways of having something set aside depending on the circumstances. In many cases the sentence is overturned an appeal and people say it was set aside. Without knowing the circumstances and seeing the papers it is not possible to say what in fact happened in your case. On the facts as given by the o/p there can be an appeal but not an application to set aside.

boardsuser1

Claw Hammer wrote: »

There may be other ways of having something set aside depending on the circumstances. In many cases the sentence is overturned an appeal and people say it was set aside. Without knowing the circumstances and seeing the papers it is not possible to say what in fact happened in your case. On the facts as given by the o/p there can be an appeal but not an application to set aside.

it was a road traffic matter in my case,i was unable to turn up to the initial hearing and informed the court I required an adjournment,the clerk assured me it wouldn't be an issue as it was the first calling,so a few days passed after the original date to which I learned I was convicted and fined in my absence,so on receiving this I was told I must have it set aside then serve appeal papers on the prosecution,the local authority,so grand anyway long story short when the appeal was called they said they wouldn't be contesting it so the conviction was vacated and the fine quashed.could the OP give any further information though because it seems unusual to have points applied via the court if you were not there with the licence as has been pointed out.

Claw Hammer

An application to set aside is not an appeal. They are two different procedures. You seem to be confusing the two of them. If you served a notice of appeal on various parties which you say you have done then the matter went to the Circuit Court for re-hearing.