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Do the guards need to inform you if they intend to bring you to court?

  • 10-03-2017 2:03am
    #1
    HiThereHowAreY
    Registered Users, Registered Users 2 Posts: 26 ✭


    As the title says.

    Do they need to inform you of their intent or can they just send a summons without telling you after a questioning during a traffic stop?


Comments

  • #2
    [Deleted User]
    Posts: 18,749 ✭✭✭✭ [Deleted User]


    I don't believe they do.
    There was a law where the had to give you an oral warning. But I believe that's gone now.
    The fact that you were stopped & an offence was disclosed is probably enough.


  • #3
    HiThereHowAreY
    Registered Users, Registered Users 2 Posts: 26 ✭HiThereHowAreY


    bubblypop wrote: »
    I don't believe they do.
    There was a law where the had to give you an oral warning. But I believe that's gone now.
    The fact that you were stopped & an offence was disclosed is probably enough.

    That's what I meant actually, if they do not disclose that an offence has occurred, can they just issue a summons anyway?


  • #4
    HiThereHowAreY
    Registered Users, Registered Users 2 Posts: 26 ✭HiThereHowAreY


    As in, can they just summon you without accusing you of anything?


  • #5
    [Deleted User]
    Posts: 18,749 ✭✭✭✭ [Deleted User]


    HiThereHowAreY wrote: »
    That's what I meant actually, if they do not disclose that an offence has occurred, can they just issue a summons anyway?

    I'd imagine they would have stopped you for an offence?
    Or if it was at a checkpoint, then maybe if they demanded production & you didn't produce, you would know an offence took place?


  • #6
    HiThereHowAreY
    Registered Users, Registered Users 2 Posts: 26 ✭HiThereHowAreY


    bubblypop wrote: »
    I'd imagine they would have stopped you for an offence?
    Or if it was at a checkpoint, then maybe if they demanded production & you didn't produce, you would know an offence took place?

    No, I was actually parked outside a friends house when they stopped and questioned me and checked my licence etc. I produced everything they asked for.


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  • #7
    endacl
    Registered Users, Registered Users 2 Posts: 22,412 ✭✭✭✭endacl


    HiThereHowAreY wrote: »
    No, I was actually parked outside a friends house when they stopped and questioned me and checked my licence etc. I produced everything they asked for.

    That wasn't a traffic stop. Sounds like they were just being vigilant.


  • #8
    [Deleted User]
    Posts: 18,749 ✭✭✭✭ [Deleted User]


    HiThereHowAreY wrote: »
    No, I was actually parked outside a friends house when they stopped and questioned me and checked my licence etc. I produced everything they asked for.

    So what are you being summonsed for?


  • #9
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    They don't have to tell you that they are going to summons you before they summons you, if that's your question.

    They do have to tell you that you are to be brought to court. The summons is how they tell you that. The summons will set out the specific offence(s) with which you are charged.


  • #10
    HiThereHowAreY
    Registered Users, Registered Users 2 Posts: 26 ✭HiThereHowAreY


    Peregrinus wrote: »
    They don't have to tell you that they are going to summons you before they summons you, if that's your question.

    They do have to tell you that you are to be brought to court. The summons is how they tell you that. The summons will set out the specific offence(s) with which you are charged.

    That's my question yes.


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