Speeding Q&A superthread

blackwhite

The Mrs got stopped on the N25 by a uniformed Garda on 6th January. Showed her the reading on the "gun" etc. Told her to expect FCPN in the post.

Nothing received to date (4 weeks on).

What's the typical timeframe for FCPNs being issued when a Garda has made the detection (as opposed to the Go-Safe vans which are typically within a fornight) ?

Reason I ask - her insurance is due for renewal at end March. She has 3 points from previous that expire in mid-April. Given she will have 28 days from issuance of the FCPN to accept & pay the fine we're getting hopeful she might have the insurance renewal completed before the penalty has been accepted, and so the renewal will be on the basis of 3 points, and not 6, on her licence. Once the new points are notified we will, of course, have to inform the insurance, but hoping it will be at the point that her previous 3 will have lapsed at that point.

ofcork

Was she much over where did that happen.

wassie

https://www.boards.ie/discussion/comment/121710489#Comment_121710489

What's the typical timeframe for FCPNs being issued when a Garda has made the detection (as opposed to the Go-Safe vans which are typically within a fornight) ?

All depends if and when the garda decides to do their paperwork. If your one month down, then realistically they still have another 2 month thereabouts to issue the FCN in order to meet timeframes for prosecution (only if required of course).

blackwhite

https://www.boards.ie/discussion/comment/121717885#Comment_121717885

Notice arrived Friday - just shy of 5 weeks after the offence. Even if she leaves it to day 28 to pay, points will be issued before insurance renewal and before last ones lapse, so likely will see some loading on the insurance.

https://www.boards.ie/discussion/comment/121717543#Comment_121717543

Glenmore, Co. Kilkenny. 117 in 100 zone.

Alun

https://www.boards.ie/discussion/comment/121615731#Comment_121615731

If you're coming from Laragh it's 50 until you hit the outskirts just after a small group of red brick houses on the left where there's an 80 sign and it's 80 from there on and all the way up and over the Wicklow Gap so you're in the clear.

Dual wheels

I was stopped for speeding on august 1st last year, was told I’d receive the fixed penalty notice in the post, never received anything so I assumed the guard forgot to put it in the system or something, happy days, then today when I was at work 2 guards arrive at my door and handed my missus a summons and said I have 12 days to pay a large fine or I will need to go to court, they said a registered letter with the fine was sent to me in November and was returned. I 100% didn’t receive any letter so I don’t know what to do now, it’s a large fine and I don’t feel it’s right having to pay it when I genuinely didn’t receive the original fine which I would have paid. Anyone know if they only send you one letter and then it’s a summons straight away if not paid? I would have thought they would at least send a reminder or something, not sure what to do and don’t fancy going to court

Killinator

https://www.boards.ie/discussion/comment/121833842#Comment_121833842

When an FCN is issued you get it in the post to either the address you provided at the time of stop or the address the vehicle was registered to at the time.

If that is not paid within the set time frame then a second notice will be issued.

This notice will have the increased fine and also a court date should you choose/fail to pay the new fine.

Ultimately you have 2 choices, pay the new fine or go to court.

Pay the fine and it's done, go to court and you risk a doubling of pints/fine if guilty.

Many a judge has been swayed by a defendant (you) just telling them that they swear they didn't receive any notification and would have paid it otherwise.

But the Gardaí involved will likely have the returned envelope showing that the original notice was sent to the address they served the summons at.

Dual wheels

https://www.boards.ie/discussion/comment/121841764#Comment_121841764

I 100% never received anything, I know people say that and go to court but I don’t want to go to court and would have paid the fine if I had received it, I wonder did the guard forget to send out the fine or miss a deadline for sending it out initially, I wonder am I entitled to request and receive a copy of the original fine that was supposedly sent out?

josip

https://www.boards.ie/discussion/comment/121847744#Comment_121847744

In criminal cases you'd get the book of evidence from the DPP before the trial. No idea if you're entitled to the same for an FCN hearing.

Killinator

https://www.boards.ie/discussion/comment/121847744#Comment_121847744

I'm not saying you did or you didn't.

If the initial fine wasn't sent then the secondary one can't be sent, that is automatically issued when the original fine is not paid.

As for not wanting to go to court, I can appreciate that but there's little other avenue. Most Gardaí are loathe to cancel a fine without exceptional circumstances due to the furore previously over cancelled FCNs.

You are entitled to disclosure of documents but that is when the matter is before the courts not before and that would require a not guilty plea and a hearing.

You must remember as far as courts are concerned they are not there to ascertain if you received the fine or not, they are there to ascertain if you were speeding or not, that's the basis of the summons.

If you plead guilty (to speeding) and accept you were speeding then you can explain how you never received fine and would have paid it if you had as part of mitigating circumstances (this is you or if represented, your solicitor).

If you go not guilty (to speeding), then you will get a hearing date and you can look for disclosure of all the documents/evidence the state will be relying on in a subsequent hearing/court case.

wexcap

If the guard does not have the postage document in court happy days cause throwen out

Killinator

https://www.boards.ie/discussion/comment/121889935#Comment_121889935

Possible but not always the case.

I've seen judges accept the fact that the accused recieved the summons to court as evidence that they would have recieved the FCN which would have been posted to the same address!

wexcap

Heard on the radio that the traffic unit need to hand out as many tickets as they can so the days of a guard giving you a warning are gone

mikeecho

https://www.boards.ie/discussion/comment/121849910#Comment_121849910

This is really bad advice.

Killinator

https://www.boards.ie/discussion/comment/121893570#Comment_121893570

I'm not sure there's much in the line of advice in there, just my experiences in reality considering I deal with this kind of thing weekly 🤷

Maybe you can be more specific?

mikeecho

https://www.boards.ie/discussion/comment/121895425#Comment_121895425

The bit about pleading guilty, then expecting to explain about not getting the ticket.

You do realise, that as soon as you plead guilty, that's the end.

Killinator

https://www.boards.ie/discussion/comment/121897156#Comment_121897156

I have been in court multiples of times where they have pleaded guilty stating they would have paid if they recieved it and the judge has let them off.

Pleading guilty is an admittance and acceptance that they were speeding (so is paying the FCN in the first place which they said they would have done).

Everything that happens after that is up to the judge.

I've seen the judge issue the larger fine and points, issue the regular fine and points, issue the regular fine and no points, give the probation act, accept guilty plea but give no penalty, just strike the matter out...

All in circumstances where the accused pleas guilty.

mikeecho

https://www.boards.ie/discussion/comment/121897784#Comment_121897784

That's not what I see in Court.

Killinator

https://www.boards.ie/discussion/comment/121898740#Comment_121898740

It is what I see in my local district court, so not sure what to tell ya 🤷

mikeecho

https://www.boards.ie/discussion/comment/121898911#Comment_121898911

In my district Court, your plead guilty, then you're sentenced.

If you want to explain mitigating circumstances, you plead not guilty, and explain that you didn't receive the FCN in the post.

The essential evidence offered in a speeding, is the delivery of the FCN.

It's like if you don't say public place for a s4 (poa or RTA), it's struck out

Killinator

https://www.boards.ie/discussion/comment/121900178#Comment_121900178

Fair enough, but it's the opposite here.

If you go guilty the judge will hear mitigation, which is inevitably that they haven't recieved notice to pay.

If you go not guilty it'll just get put to a hearing date.

As I said, I wasn't giving advice (especilly legal as that is against the rules here), only my experience. The poster can either take it or leave it.

mikeecho

Here all first day RTA summary are for hearing.

Killinator

https://www.boards.ie/discussion/comment/121901945#Comment_121901945

Unfortunately our judge wants another judge to be assigned to the district because of how busy it is so he adds to it by not hearing anything and any not guilties are put back, same as no insurance, tax, driving licence, etc.

All stuff that's essentially yes or no answers and still get full hearing dates and requests for disclosures!

shinny

Do any of the speeding cameras in Ireland take a picture of the driver or is it just the reg?

farhankn

Does Go-Safe vans roam around at Night? Never seen one

_Kaiser_

https://www.boards.ie/discussion/comment/121947937#Comment_121947937

Yep they do.

Killinator

https://www.boards.ie/discussion/comment/121947433#Comment_121947433

They take a bigger picture than what gets sent in post on ticket showing reg.

Wether or not you can see the driver depends on time.of day, weather, lighting, etc...

Coincide

Absolutely bricking it about getting another 3 points. Will be on six then which might **** me. Was with my old car on the day I was going to pick up a new one so the uncertainty has really ruined it.

Was 108 in a 100 according to Google maps. Slammed on the brake about 15-30 m before the van.

Was raging because the van was around a bend on a downhill section of the N11 so my speed just crept up by accident and by the time I could see the van it might have been too late.

I know 108 sounds like you'd get away with it but my last penalty points where for exactly 108 in a 100 as well. Gonna be a rough two weeks watching the post.

Safe to say it'll be a cruise control job from now on since the new car has it.

josip

I know how you feel, it's 5 weeks since my most recent encounter and I'm still anxious when Postie is doing his round.

Cruise control will definitely help, especially with the undulations. How long before your first 3 expire?

Coincide

Id say your basically in the clear at 5 weeks.

Still have 2 years on my previous offence so its not ideal

Obviously I'm annoyed at myself more than anything.

Like to be honest sometimes I have purposely gone over the speed limit but the time I was caught previously and with this one I wasn't speeding in any way intentionally. Was just blissfully unaware that my speed was gradually creeping up.

Heres hoping I slowed down in time for this one and that with cruise control I can avoid the same problem from happening.

Really **** up your mood just waiting around for points that might never come.