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Didn't appear in court and have heard nothing back

  • 11-09-2018 2:17pm
    #1
    Eirekillerz
    Registered Users, Registered Users 2 Posts: 6 ✭


    Hi there, I was due to appear in court in blanchardstown in the end of June for "going through a red light" unfortunately I was on holiday at the time and I got back in July. I went into the station at the end of August because I assumed there was a warrant out job but they said there wasn't. Does this mean it was thrown out? Haven't had any calls or letters either!


Comments

  • #2
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Did you find any reference to the actual case?

    Contact the Gárda involved?


  • #3
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    There are 3 possibilities.
    1. You were convicted in your absence.
    2. The judge directed personal service and the matter was adjourned.
    3. The matter was not proceeded with because neither you or the guard were
    there and it was struck out.

    Only an inquiry at the Court office or the guard will tell you what happened.


  • #4
    coylemj
    Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    4ensic15 wrote: »
    There are 3 possibilities.
    1. You were convicted in your absence.

    In which case the OP would have received a letter by now from the District Court outlining the fine and telling him how to pay it.
    4ensic15 wrote: »
    2. The judge directed personal service and the matter was adjourned.

    Why would a judge do that for a minor RTA offence?
    4ensic15 wrote: »
    3. The matter was not proceeded with because neither you or the guard were there and it was struck out.

    That's the most likely explanation - the Garda didn't show up and it was struck out.
    4ensic15 wrote: »
    Only an inquiry at the Court office or the guard will tell you what happened.

    +1 OP, if you still have the summons, ring the court office, quote the case/summons number and ask what happened on the day.


  • #5
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    coylemj wrote: »
    In which case the OP would have received a letter by now from the District Court outlining the fine and telling him how to pay it.
    The letter may be delayed or lost.
    coylemj wrote: »
    Why would a judge do that for a minor RTA offence?
    I have seen them do it. Some prefer to force a defendant to come to court and hang around for a couple of hours and then give them a sermon on complying with road traffic rules and court summons. they reckon it is more likely to result in the defendant mending his ways that a fine in the post which may never be collected.


  • #6
    coylemj
    Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    4ensic15 wrote: »
    I have seen them do it. Some prefer to force a defendant to come to court and hang around for a couple of hours and then give them a sermon on complying with road traffic rules and court summons. they reckon it is more likely to result in the defendant mending his ways that a fine in the post which may never be collected.

    The likelihood of collecting the fine is not affected by your presence or absence in court, you get a letter in the post either way. The only people who have to pay a court fine on the spot ('forthwith') are people with no fixed address.


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  • #7
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    coylemj wrote: »
    The likelihood of collecting the fine is not affected by your presence or absence in court, you get a letter in the post either way. The only people who have to pay a court fine on the spot ('forthwith') are people with no fixed address.

    The letter and the summons previously goes to the address the vehicle in question was registered to. There may be no connection between that address and the defendant. Some defendants have a policy of not paying small fines and take the option of half an hour in custody in lieu./


  • #8
    coylemj
    Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    4ensic15 wrote: »
    The letter and the summons previously goes to the address the vehicle in question was registered to. There may be no connection between that address and the defendant.

    I don't think that happened here, the OP said he didn't go to court because he was on holidays.
    4ensic15 wrote: »
    Some defendants have a policy of not paying small fines and take the option of half an hour in custody in lieu./

    Even in the recent case of the guy in Ennis who parked in a disabled spot and didn't show up, the judge fined him €750 and gave him a six months ban, no bench warrant.

    Leaving out dangerous and drink driving cases, how often do judges hand down bench warrants for no-shows in the case of RTA offences?


  • #9
    Eirekillerz
    Registered Users, Registered Users 2 Posts: 6 ✭Eirekillerz


    Thanks all for the info. I don't have the summons but will get onto the court and see if there is a way to find out what happend!


  • #10
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    coylemj wrote: »
    I don't think that happened here, the OP said he didn't go to court because he was on holidays.
    How did the judge know or the prosecuting guard?
    coylemj wrote: »
    Even in the recent case of the guy in Ennis who parked in a disabled spot and didn't show up, the judge fined him €750 and gave him a six months ban, no bench warrant.
    As he was entitled to. How does he know that the address on the summons was correct and that the driver will ever be traced.
    coylemj wrote: »
    Leaving out dangerous and drink driving cases, how often do judges hand down bench warrants for no-shows in the case of RTA offences?
    They will only do it after there has been personal service in my experience, which is rare enough.


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


    coylemj wrote: »
    Even in the recent case of the guy in Ennis who parked in a disabled spot and didn't show up, the judge fined him €750 and gave him a six months ban, no bench warrant.

    ?
    https://www.irishtimes.com/news/ireland/irish-news/disabled-parking-there-is-widespread-abuse-of-the-badges-by-people-1.3629732

    Then Judge Durcan banned Ennis man Andrew Ryan of Bridge Court, Tulla Road, from driving for six months after his 02-registered car was parked in a disabled spot last May in the town’s Parnell Street car park.

    On Friday, The Irish Times called to Ryan’s purported Bridge Court address in Ennis and met with the householder to be told that there was no one of that name living at the address, though a letter for him had arrived.


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  • #12
    Eirekillerz
    Registered Users, Registered Users 2 Posts: 6 ✭Eirekillerz


    Unfortunately. As I have learned from a simple traffic stop there is a bench warrant out for my arrest. Thankfully the gardai saw sense in my story instead of arresting me they said get onto a solicitor. #youcantbeatthelaw


  • #13
    jaffa20
    Registered Users, Registered Users 2 Posts: 4,565 ✭✭✭jaffa20


    Eirekillerz wrote: »
    Unfortunately. As I have learned from a simple traffic stop there is a bench warrant out for my arrest. Thankfully the gardai saw sense in my story instead of arresting me they said get onto a solicitor. #youcantbeatthelaw

    I guess you didn't look into it though since September though?


  • #14
    Needs Must
    Registered Users, Registered Users 2 Posts: 1,433 ✭✭✭Needs Must


    At least you now know, the fear of the unknown can cause distress. And for the rest of us we can be happy the system works.


  • #15
    sexmag
    Registered Users, Registered Users 2 Posts: 1,303 ✭✭✭sexmag


    Eirekillerz wrote: »
    Unfortunately. As I have learned from a simple traffic stop there is a bench warrant out for my arrest. Thankfully the gardai saw sense in my story instead of arresting me they said get onto a solicitor. #youcantbeatthelaw

    But didn't you say you contacted the guard and they said there was no warrant?


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