Wrong court date on summons

June2018

New on this, Probably in the wrong section but if a garda puts the wrong court date on the issued drink drive summons will the case be struck out? Thanks

Captain Obvious

The wrong date for the offence? He can just amend it in court.

Snotty

Is the date on the summons before or after the correct date?

June2018

Snotty wrote: »

Is the date on the summons before or after the correct date?

It's a day after the correct date of the court sittings. It's the wrong court date not the wrong date of the incident.

Snotty

No it won't get struck out, it'll piss the judge off, even though its not your fault.
I'd just go on the correct date and notify the clerk of the error, take your punishment.

coylemj

OP, how do you know the sitting is on a different date to what's on the summons?

June2018

coylemj wrote: »

OP, how do you know the sitting is on a different date to what's on the summons?

This court is only on every Wednesday. This is dated for the 21st June which is a Thursday.

Claw Hammer

I would contact the clerk of the relevant District Court. I would not give my name. I would point out the error with the summons, if it is in fact an error. I would go to the court, sit at the back, and wait for the case to be called. I would see if the judge asks why there is no appearance by the accused, if the Accused received a summons, and the summons is examined. The likelihood is, the clerk will have told the judge about the error with the summons and the guard will be ordered to serve it again. This will at least delay matters for a few months.

Mod

imho risky advice. The fact that this post has not been deleted does not imply that Boards.ie condone it.

coylemj

Claw Hammer wrote: »

I would contact the clerk of the relevant District Court. I would not give my name. I would point out the error with the summons, if it is in fact an error. I would go to the court, sit at the back, and wait for the case to be called. I would see if the judge asks why there is no appearance by the accused, if the Accused received a summons, and the summons is examined. The likelihood is, the clerk will have told the judge about the error with the summons and the guard will be ordered to serve it again. This will at least delay matters for a few months.

What's your 'Plan B' for when the prosecuting Garda (or any of the local Gardai) informs the judge that the defendant is sitting mute at the back of the court? What you're suggesting is very high risk - in terms of p1ssing off the judge.

OP, have you checked with the court office that the date on your summons is wrong? Is there a possibility that they've moved that week's Wednesday sitting to Thursday because (e.g.) they've set aside that Wednesday to hear family law cases or there's a sitting of the Circuit Court to hear DC appeals?

Claw Hammer

coylemj wrote: »

What's your 'Plan B' for when the prosecuting Garda (or any of the local Gardai) informs the judge that the defendant is sitting mute at the back of the court? What you're suggesting is very high risk - in terms of p1ssing off the judge.

Make a conditional appearance if necessary.

punisher5112

If it's dated the 21st how are you suppose to know it only sits on the day before.

Could be extra dates added.

If your worried as above contact court and I'm sure you know about having representative there with you.

ectoraige

Out of interest, if the OP follows the directions of the court order and turns up the next day, what consequences would there be?

Would he be convicted in his absence, or would another summons be issued? Would the court realise the mistake on the day?

June2018

coylemj wrote: »

What's your 'Plan B' for when the prosecuting Garda (or any of the local Gardai) informs the judge that the defendant is sitting mute at the back of the court? What you're suggesting is very high risk - in terms of p1ssing off the judge.

OP, have you checked with the court office that the date on your summons is wrong? Is there a possibility that they've moved that week's Wednesday sitting to Thursday because (e.g.) they've set aside that Wednesday to hear family law cases or there's a sitting of the Circuit Court to hear DC appeals?

Yes i checked, no court that day..its a garda error on the summons.

mynamejeff

June2018 wrote: »

Yes i checked, no court that day..its a garda error on the summons.

the gardai dont assign dates like they do with a charge sheet ,

they apply for the sumons and the application is sent to the court service at he district court office who assign a date from the list.

if you dont go to court its possible that a bench warrant would be issued

if you do and point out that the wrong date is on the summons it is up to the judge if he strikes out the case which is possible as an admin error or he thanks you for you attendance on the correct date and amends the summons to proceed with the case.

you takes you chances just like with drink driving

Claw Hammer

mynamejeff wrote: »

the gardai dont assign dates like they do with a charge sheet ,

they apply for the sumons and the application is sent to the court service at he district court office who assign a date from the list.

if you dont go to court its possible that a bench warrant would be issued

if you do and point out that the wrong date is on the summons it is up to the judge if he strikes out the case which is possible as an admin error or he thanks you for you attendance on the correct date and amends the summons to proceed with the case.

you takes you chances just like with drink driving

If you stand up when your name is called,in answer to the summons,that will cure the defect in the summons.If you have contacted the court service beforehand, so they know about the date problem, It may happen that the clerk will have told the judge beforehand and the guards will be instructed to serve all summons again, if there is no appearance by the defendant.

Sleeper12

Claw Hammer wrote:

I would contact the clerk of the relevant District Court. I would not give my name. I would point out the error with the summons, if it is in fact an error. I would go to the court, sit at the back, and wait for the case to be called. I would see if the judge asks why there is no appearance by the accused, if the Accused received a summons, and the summons is examined. The likelihood is, the clerk will have told the judge about the error with the summons and the guard will be ordered to serve it again. This will at least delay matters for a few months. Mod

OP I've been in a spot of bother many years ago. I was worried sick about it & generally wasn't enjoying life. When my date came up it was a weight off my shoulders.

Unless you have a pressing need to put off the inevitable I'd recommend getting it over with as soon as possible & get on with normality again.

June2018

mynamejeff wrote: »

the gardai dont assign dates like they do with a charge sheet ,

they apply for the sumons and the application is sent to the court service at he district court office who assign a date from the list.

if you dont go to court its possible that a bench warrant would be issued

if you do and point out that the wrong date is on the summons it is up to the judge if he strikes out the case which is possible as an admin error or he thanks you for you attendance on the correct date and amends the summons to proceed with the case.

you takes you chances just like with drink driving

The garda issued the summons that night. He entered my details and the court date.

Claw Hammer

June2018 wrote: »

The garda issued the summons that night. He entered my details and the court date.

Then it isn't a summons you have, it is a charge sheet.

June2018

Claw Hammer wrote: »

Then it isn't a summons you have, it is a charge sheet.

Oh ok thanks. I haven't received a summons before so i presumed it was.

Claw Hammer

That leads to entirely different possibilities. In theory, if the case is called and you are not there, the Judge should look at the copy of the charge sheet and spot the problem with the date and shall then strike out the matter leaving it to the guards to summons you at a future date. The problem is that the judge may just issue a bench warrant. Not turning up leaves you at risk of a bench warrant, turning up means that you have cured the defect. The only way you could possibly avoid the bench warrant is to go to a solicitor and point out the problem with the date. If you are not there, and the judge is going to issue a bench warrant, the solicitor can say that you consulted them and the date is wrong. That would mean the matter would be adjourned with regards told to notify you of the adjourned date. All any of the stores is buy time. It does happen however that the longer things go on, the guards make some slip or mistake and the person gets off.

brian_t

Claw Hammer wrote: »

It does happen however that the longer things go on, the guards make some slip or mistake and the person gets off.

I presume that the longer things go on, then the more work there is for the solicitor to charge for.

n!ghtmancometh

Claw Hammer wrote: »

Then it isn't a summons you have, it is a charge sheet.

If it's a charge sheet a copy would have been given to the OP when he was arrested and station bailed, if the guard turned up at OP's house then I'd say it's a summons he/she has.

OP If the summons was served personally by the guard, then you might be at more risk of a bench warrant being issued than you would be if it was served by letterbox or registered post. If it's a charge sheet and station bail and you don't turn up, a bench warrant will definitely issue I'd say. I'd contact the guard and the district court it's due to be heard in to clarify the date.

Claw Hammer

brian_t wrote: »

I presume that the longer things go on, then the more work there is for the solicitor to charge for.

Naturally. Many people are prepared to pay legal fees if it means they can avoid a ban from driving.