Missed my court date.

TheMilkyPirate

I was stopped with no NCT last October, He told me to produce a test date within 10 days at my local Garda station which i did but still received a summons to court for it.

I was sure it was the 10th July and was looking for my summons today and when I found it it was the 4th July. I am an absolute idiot and have no idea what to do now.

Would it have been decided in my absence or would they have issued a bench warrant? I really don't know what to do

I can't imagine they would issue a bench warrant for a minor road traffic incident such as this? Or is that wishful thinking

BlueLass

1st thing you need to do in morning is call the relevant court and find out how it was treated on day. Judge may have fined in absence and the fines notice may not have issued yet. No point second guessing or worrying until you know what happened. 2 minute phone call in morning will tell you what you need to know.

TheMilkyPirate

BlueLass wrote: »

1st thing you need to do in morning is call the relevant court and find out how it was treated on day. Judge may have fined in absence and the fines notice may not have issued yet. No point second guessing or worrying until you know what happened. 2 minute phone call in morning will tell you what you need to know.

Thanks for the reply bluelass, I rang the court office this morning and my case was adjourned until November so happy days.

bennyineire

Something similar happened to me about 15 years ago,
I was fined for overtaking on a single white line harshly but that's another story (over taking a caravan that was in the hard shoulder).

Anyways I was issued a fine, forgot about then moved house.

I never received the summons as I didn't live there, I guess the case kept getting adjourned (this was before the rules on receiving a summons was changed a few years back)

About 1 year later got a phone call from the Gardai of the town I moved out off, basically they told me that there was a bench warrant for my arrest EKKK!
However he told me that if I came to the station and paid the fine all would be good and it was, basically my original £20 fine ended up been something like £250 (yeah it was before the euro)

coylemj

bennyineire wrote: »

About 1 year later got a phone call from the Gardai of the town I moved out off, basically they told me that there was a bench warrant for my arrest EKKK!
However he told me that if I came to the station and paid the fine all would be good and it was, basically my original £20 fine ended up been something like £250 (yeah it was before the euro)

He was using the term 'bench warrant' to scare you. What he had in his hand was the original warrant imposing the fine with a term of imprisonment in default of payment, that is not a bench warrant.

And I'm not aware that a court fines scales up like when you fail to pay the Westlink toll - if you were fined £20 then that's all you should have paid.

A bench warrant is issued when someone fails to show up for a court appearance, there is no fine option. It directs the Gardai have to arrest you and take you to the next sitting of that court.

Really Interested

coylemj wrote: »

He was using the term 'bench warrant' to scare you. What he had in his hand was the original warrant imposing the fine with a term of imprisonment in default of payment, that is not a bench warrant.

A bench warrant is issued when someone fails to show up for a court appearance, there is no fine option. It directs the Gardai have to arrest you and take you to the next sitting of that court.

O my a member of AGS telling porkies I'm shocked.

bennyineire

coylemj wrote: »

He was using the term 'bench warrant' to scare you. What he had in his hand was the original warrant imposing the fine with a term of imprisonment in default of payment, that is not a bench warrant.

And I'm not aware that a court fines scales up like when you fail to pay the Westlink toll - if you were fined £20 then that's all you should have paid.

A bench warrant is issued when someone fails to show up for a court appearance, there is no fine option. It directs the Gardai have to arrest you and take you to the next sitting of that court.

All of what i said is true, my original fine DID go up that much, you are insinuating that I am lying, I am not

Really Interested

bennyineire wrote: »

All of what i said is true, my original fine DID go up that much, you are insinuating that I am lying, I am not

No he is not, reread what he said, he is saying that maybe the Garda played you as you can not have a fine if a bench warrant issued. What the Garda had was a fine.

4ensic15

Really Interested wrote: »

No he is not, reread what he said, he is saying that maybe the Garda played you as you can not have a fine if a bench warrant issued. What the Garda had was a fine.

What the Garda had was a committal warrant issued for failure to pay the fine. the o/p would have had the option of paying the fine or going to jail. The o/p obviously is just confusing the two terms. There is every chance that the o/p was played. Guards get a lot of cash from fine defaulters.

Really Interested

4ensic15 wrote: »

What the Garda had was a committal warrant issued for failure to pay the fine. the o/p would have had the option of paying the fine or going to jail. The o/p obviously is just confusing the two terms. There is every chance that the o/p was played. Guards get a lot of cash from fine defaulters.

Yes which is what I said. The old fines had if I remember a default committal warrant as conviction would have led to fine of X with y days in default.

4ensic15

Really Interested wrote: »

Yes which is what I said. The old fines had if I remember a default committal warrant as conviction would have led to fine of X with y days in default.

The old conviction was a fine or time in lieu. If the fine wasn't paid the committal warrant would be issued.

Really Interested

4ensic15 wrote: »

The old conviction was a fine or time in lieu. If the fine wasn't paid the committal warrant would be issued.

I had assumed that the original fine with built in time was enough I must admit I may be wrong based on never having seen a warrant issued in court after time had passed.

4ensic15

Really Interested wrote: »

I had assumed that the original fine with built in time was enough I must admit I may be wrong based on never having seen a warrant issued in court after time had passed.

The application for the warrant is not made in open court.

Really Interested

4ensic15 wrote: »

The application for the warrant is not made in open court.

That explains that then. And is another reason why I should never assume.

TheMilkyPirate

TheMilkyPirate wrote: »

I was stopped with no NCT last October, He told me to produce a test date within 10 days at my local Garda station which i did but still received a summons to court for it.

Hi just as a follow up to this, I'm in court early next month with the above matter. Ive since spent over 1500 and gotten the car NCTd so that I would have a a cert to bring to court with me. Is there any hope of avoiding penalty points if I turn up with a valid NCT cert for the car? I've genuinely gone to a lot of effort to comply with this and spent a lot of money so hopefully the judge will see I have taken it seriously and be a bit lenient with me?

Losty Dublin

TheMilkyPirate wrote: »

Hi just as a follow up to this, I'm in court early next month with the above matter. Ive since spent over 1500 and gotten the car NCTd so that I would have a a cert to bring to court with me. Is there any hope of avoiding penalty points if I turn up with a valid NCT cert for the car? I've genuinely gone to a lot of effort to comply with this and spent a lot of money so hopefully the judge will see I have taken it seriously and be a bit lenient with me?

Have you consulted a solicitor?

TheMilkyPirate

Losty Dublin wrote: »

Have you consulted a solicitor?

I haven't as not sure if I'll be able to afford one tbh, Do you think I would be better off with one on the day for something like this?

Losty Dublin

TheMilkyPirate wrote: »

I haven't as not sure if I'll be able to afford one tbh, Do you think I would be better off with one on the day for something like this?

If you intend on defending your case in court then it may be wise to consult one ahead of time, especially when you take into account that you were a no show at the last hearing and unaware of what happened on the day. It may be dear but it may well avoid the prospect of fine and points and an insurance loading, which likely will cost you as much.

Another alternative is to contact the relevant Garda who you were dealing with. If they can see that all was in order and are satisfied that you met whatever was asked of you they may be able to help you.

Whatever you do, don't go into court unprepared when it can be avoided quite easily.