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Drink driving summons

  • 27-01-2020 9:28pm
    #1
    Registered Users, Registered Users 2 Posts: 1


    hello, i was coughed drink driving in july 2018 and receivedthe summons reg letter on janury 2020. on the firs page of it there is all the details of offence and the court date, but on the other side there is no signatures nothing where gards had to write down the detais, declaration is also empty no signature of judge of distrisct coust they just left all the parts blank. is this document legal at all. any advise, please. thank you beforehand


Comments

  • Registered Users, Registered Users 2 Posts: 51,479 ✭✭✭✭bazz26


    I'm just going to put a few blocks on the fire, then settle down on the sofa and wait for the answers to this one...

    giphy.gif


  • Registered Users, Registered Users 2 Posts: 312 ✭✭Abba987


    Valera wrote: »
    hello, i was coughed drink driving in july 2018 and receivedthe summons reg letter on janury 2020. on the firs page of it there is all the details of offence and the court date, but on the other side there is no signatures nothing where gards had to write down the detais, declaration is also empty no signature of judge of distrisct coust they just left all the parts blank. is this document legal at all. any advise, please. thank you beforehand

    I hope so. Have you been allowed to drive in the interim?


  • Registered Users, Registered Users 2 Posts: 24,684 ✭✭✭✭lawred2


    Valera wrote: »
    hello, i was coughed drink driving in july 2018 and receivedthe summons reg letter on janury 2020. on the firs page of it there is all the details of offence and the court date, but on the other side there is no signatures nothing where gards had to write down the detais, declaration is also empty no signature of judge of distrisct coust they just left all the parts blank. is this document legal at all. any advise, please. thank you beforehand

    Brilliant. You were probably thinking they'd forgot.


  • Registered Users, Registered Users 2 Posts: 14,596 ✭✭✭✭josip


    Valera wrote: »
    hello, i was coughed drink driving in july 2018 and receivedthe summons reg letter on janury 2020. on the firs page of it there is all the details of offence and the court date, but on the other side there is no signatures nothing where gards had to write down the detais, declaration is also empty no signature of judge of distrisct coust they just left all the parts blank. is this document legal at all. any advise, please. thank you beforehand


    Get a solicitor, preferably one from the same town as the district court who will be familiar with the judge and can give you the best representation.


  • Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 60,285 Mod ✭✭✭✭Wibbs


    Oh boy, you're gonna catch static hereabouts from the usual saints for this ...

    Regardless of the crime, 18 months between being arrested and summonsed seems a daftly long interval. Damned inefficient at best. J's advice is the best so far IMHO.
    josip wrote: »
    Get a solicitor, preferably one from the same town as the district court who will be familiar with the judge and can give you the best representation.

    Rejoice in the awareness of feeling stupid, for that’s how you end up learning new things. If you’re not aware you’re stupid, you probably are.



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  • Registered Users, Registered Users 2 Posts: 5,039 ✭✭✭Comhrá


    Valera wrote: »
    hello, i was coughed drink driving in july 2018 and receivedthe summons reg letter on janury 2020. on the firs page of it there is all the details of offence and the court date, but on the other side there is no signatures nothing where gards had to write down the detais, declaration is also empty no signature of judge of distrisct coust they just left all the parts blank. is this document legal at all. any advise, please. thank you beforehand

    First things first......very carefully check the summons letter to make sure they've spelt your details correctly. One mis-spelt word and you're off the hook!


  • Registered Users, Registered Users 2 Posts: 25,702 ✭✭✭✭coylemj


    Was the postman wearing his official An Post hat when he delivered the registered letter?


  • Closed Accounts Posts: 945 ✭✭✭Always Tired


    I thought a summons had to be sent in 6 months of the alleged offense?


  • Registered Users, Registered Users 2 Posts: 1,295 ✭✭✭SniperSight


    Valera wrote: »
    hello, i was coughed drink driving in july 2018 and receivedthe summons reg letter on janury 2020. on the firs page of it there is all the details of offence and the court date, but on the other side there is no signatures nothing where gards had to write down the detais, declaration is also empty no signature of judge of distrisct coust they just left all the parts blank. is this document legal at all. any advise, please. thank you beforehand

    There are two copies of the summons...the defendants (your copy) and the prosecutors ( garda copy).
    The defendants copy only has to be served on you (or on one of the people it states is acceptable to be served on on your behalf). Your copy does NOT need to be signed or endorsed for service to be valid.
    The Garda copy is signed AFTER it is served, indicating the manner of service...this is the copy is then signed off at the bottom and that is returned to the courts office to notify of legal sevice.
    So yes, it is a legal and by the sounds of it, validly served document.


  • Registered Users, Registered Users 2 Posts: 1,295 ✭✭✭SniperSight


    I thought a summons had to be sent in 6 months of the alleged offense?

    No, a prosecution has to commece withing 6 months (for a summary offence)...so that means the summoms has to be applied for within the 6 months...once that is done it will not go statute-barred. It is then up to the courts office to process the application, then issue the summons for service.


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  • Registered Users, Registered Users 2 Posts: 22,438 ✭✭✭✭endacl


    What colour ink was used, OP? Exactly what colour? This is critical.


  • Closed Accounts Posts: 1,148 ✭✭✭Salary Negotiator


    Comhra wrote: »
    First things first......very carefully check the summons letter to make sure they've spelt your details correctly. One mis-spelt word and you're off the hook!

    Don’t think this is true anymore, the judge just directs for the amendments to be made and the case continues.

    It’s not something I’d be relying on without speaking to a solicitor first.


  • Registered Users, Registered Users 2 Posts: 1,295 ✭✭✭SniperSight


    endacl wrote: »
    What colour ink was used, OP? Exactly what colour? This is critical.

    Slow down...we dont even know what type of printer was used yet or how many pages were left in the paper tray when it was printed! I wouldnt even worry about colour yet!


  • Closed Accounts Posts: 14,983 ✭✭✭✭tuxy


    Sorry OP reading anything but post #5 is a complete waste of time.


  • Registered Users, Registered Users 2 Posts: 5,039 ✭✭✭Comhrá


    tuxy wrote: »
    Sorry OP reading anything but post #5 is a complete waste of time.


    This entire thread is a complete waste of time but it's a bit of fun and if anyone hasn't spotted the troll by now, you must try harder.


  • Registered Users, Registered Users 2 Posts: 22,584 ✭✭✭✭Steve


    OP, you'll be grand.

    I coughed while drink driving once, spilled the whole feckin lot, was going round a corner.. Case was thrown out due to lack of evidence.. :rolleyes:


  • Registered Users, Registered Users 2 Posts: 22,584 ✭✭✭✭Steve


    On a more serious note, OP, if you're not trolling, call a solicitor, the internet can't help you with this.


This discussion has been closed.
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