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Speeding fine struck off

  • 05-05-2016 10:52am
    #1
    Nifhiachna
    Registered Users, Registered Users 2 Posts: 2 ✭


    Hi, I was summoned to court yesterday for a speeding fine and because the garda was a no show it was struck off. I opened old mail later that day and there was a letter from the garda stating that the court date was postponed to the following month. I suspect the garda didn't want me to go to the court yesterday so he could have another day in court with me, however, I am wondering if the garda can summons me to court again for the same offence?
    Any advice on this is appreciated.


Comments

  • #2
    kneemos
    Registered Users, Registered Users 2 Posts: 20,590 ✭✭✭✭kneemos


    If it's struck off your good I'd imagine.


  • #3
    Into The Blue
    Closed Accounts Posts: 2,358 ✭✭✭Into The Blue


    No, you're good.


  • #4
    Boards.ie: Niamh
    Boards.ie Employee Posts: 12,597 ✭✭✭✭✭Boards.ie: Niamh
    Boards.ie Community Manager


    Moved from Feedback.

    How can I? User's guide to some features on the new site



  • #5
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    'Struck out' generally means 'dismissed without prejudice', meaning that there is no bar to another summons issuing. After a summons is struck out in this manner, Gardai often do not ask for another summons to issue. That is not to say that it cannot be done.

    If a matter is simply dismissed, that matter cannot be brought before the court again.

    Perhaps you could telephone the relevant district court office and ask what happened, explaining that you are being notified of a further court date, after having understood that the matter had been struck out.


  • #6
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    Pat Mustard wrote: »
    'Struck out' generally means 'dismissed without prejudice', meaning that there is no bar to another summons issuing. After a summons is struck out in this manner, Gardai often do not ask for another summons to issue. That is not to say that it cannot be done.

    If a matter is simply dismissed, that matter cannot be brought before the court again.

    Perhaps you could telephone the relevant district court office and ask what happened, explaining that you are being notified of a further court date, after having understood that the matter had been struck out.

    the Summons has to be applied for within 6 months of the offence

    It is most likely that this has expired now.

    You're good.


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  • #7
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Mr. Incognito wrote: »
    the Summons has to be applied for within 6 months of the offence

    It is most likely that this has expired now.

    You're good.

    Unless it hasn't.


  • #8
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Mr. Incognito wrote: »
    the Summons has to be applied for within 6 months of the offence

    It is most likely that this has expired now.

    You're good.

    The summons was applied for. It can be reissued.


  • #9
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Pat Mustard wrote: »
    'Struck out' generally means 'dismissed without prejudice', meaning that there is no bar to another summons issuing. After a summons is struck out in this manner, Gardai often do not ask for another summons to issue. That is not to say that it cannot be done.

    If a matter is simply dismissed, that matter cannot be brought before the court again.

    Perhaps you could telephone the relevant district court office and ask what happened, explaining that you are being notified of a further court date, after having understood that the matter had been struck out.

    That would be unwise. the o/p would be better off going to the court office or writing to the court office and getting a copy of the order striking out the summons. The guard has no authority to write a letter before a court date stating that it has been put back. Adjournment is a matter for the judge. Most likely the guard had a colleague in court who was supposed to apply for the adjournment who forgot. Ringing the court office might result in things being "fixed up" for the guard putting the o/p in jeopardy.


  • #10
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    What would be unwise?


  • #11
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Pat Mustard wrote: »
    What would be unwise?

    Telephoning the District Court Office.


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  • #12
    BattleCorp
    Registered Users, Registered Users 2 Posts: 11,790 ✭✭✭✭BattleCorp


    Nifhiachna wrote: »
    I opened old mail later that day and there was a letter from the garda stating that the court date was postponed to the following month.

    Clearly I am not in the legal profession but surely it isn't right that a Garda can issue a letter like this.

    Supposing the OP was charged with a very serious offence, was scheduled to go to court and didn't turn up on foot of receiving a letter like this, and then the case went ahead in their absence, what would happen then?


  • #13
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    4ensic15 wrote: »
    Telephoning the District Court Office.

    I don't agree that it would be unwise to telephone the district court office.


  • #14
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    The prosecution did not show so there was a strike out. Obviously, an application for an adjournment was intended but it just did not happen.

    Would OP not be wiser to just stay quiet and not do anything that might stir things up ?

    I know that some things do not go away because you ignore them but might this be one of the exceptions ?


  • #15
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    NUTLEY BOY wrote: »
    TWould OP not be wiser to just stay quiet and not do anything that might stir things up ?

    I know that some things do not go away because you ignore them but might this be one of the exceptions ?

    What you have written is a good reason not to contact Gardai.

    As regards contacting the district court office, court staff don't give a hoot if some matter is struck out. This sort of thing happens all the time.


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