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12 Penalty Points

  • 19-04-2022 10:08pm
    #1
    Registered Users, Registered Users 2 Posts: 1,216 ✭✭✭Happy Monday


    I had 9 points over the last 2 years but received another fine in the post for 3 points today!

    This puts me off the road for 6 months and there are no exceptional or procedural reasons to plead.

    But if I do lose my license I will not be able to care for my elderly parents and give lifts to work to nephews and also have difficulty getting into work and keeping my own job.

    Can I plead exceptional hardship for this as you can in the UK or will my concerns fall on deaf ears in the Irish Courts?

    All answers welcome.

    Post edited by LIGHTNING on


«134

Comments

  • Registered Users, Registered Users 2 Posts: 84,761 ✭✭✭✭Atlantic Dawn
    M


    What were the offences for?



  • Registered Users, Registered Users 2 Posts: 1,216 ✭✭✭Happy Monday




  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    I cannot understand how anyone can rake up so many penalty points. Did the ones you got not change your driving habits OP?



  • Registered Users, Registered Users 2 Posts: 196 ✭✭[Steve]


    Appeal within 14 days of disqualification to circuit court. Up to judge to decide at that point.


    https://www.citizensinformation.ie/en/travel_and_recreation/motoring_1/driving_offences/being%20disqualified%20from%20driving.html#l7d46e



  • Registered Users, Registered Users 2 Posts: 1,216 ✭✭✭Happy Monday


    Over 2 plus years plus the first two came in very quick succession!



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  • Registered Users, Registered Users 2 Posts: 15,006 ✭✭✭✭callaway92


    Pleading hardship just won't work. Opens up too many sob stories

    There's no getting around getting caught speeding 4+ times. That's really poor driving. No other way to put it.

    You could've pleaded each charge you got at those times. Hardly appealing the situation now would be any help.



  • Registered Users, Registered Users 2 Posts: 84,761 ✭✭✭✭Atlantic Dawn
    M


    You could try to appeal if you think there's grounds to like being a slight bit over the limit each time, if you were doing double plus of the limit I'd put it down to experience.



  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    Exactly, may be once or twice appealing a speeding ticket, but waiting till you have 12 penalty points, then pleading the poor mouth? Nah. Should have learnt a lesson way before now.



  • Registered Users, Registered Users 2 Posts: 19,585 ✭✭✭✭Bass Reeves


    If you do not accept the penalty points and go to court how long will it take to go to court. Go to a solicitor and see what he says. Problem with going to court is the judge may up them.to 5 or 6 so you may need to delay until after both of the first sets expired.

    If you pick up penalty points you have to watch yourself like a hawk. You cannot afford any slip ups.

    Slava Ukrainii



  • Registered Users, Registered Users 2 Posts: 7,718 ✭✭✭whippet


    The hardship of not having a license is part of the incentive not to speed. If there was easy avenue to appeal the FPN process due to hardship it would defeat the purpose of having such a system in place.

    I do have sympathy to an extent .. however the penalty points system is designed to change driver behaviour and despite the fact that you knew that the next 3 points would mean disqualification you still managed to get caught.

    I’ve driven approx 500,000km in the last 10 years and only received 2 points (one speeding offence back when it was 2 not 3 points) … I needed my car for work and the risk of not having a license meant I drove accordingly.

    Likewise - if I am going on a night out I will make sure I don’t have anywhere to drive the next day - just in case.



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  • Moderators, Computer Games Moderators, Social & Fun Moderators Posts: 18,809 Mod ✭✭✭✭Kimbot


    If you cant care for your elderly parents etc now then you should have thought about that before racking up so many points to begin with.

    Your only hope is a solicitor now.



  • Registered Users, Registered Users 2 Posts: 5,388 ✭✭✭Widdensushi


    Sorry for your troubles happy Monday,i hope you find a way to appeal it, are you sure it was you driving the car for the last one, maybe a friend or relative borrowed it? it's really a waste of time asking for advice here, you just get virtue signalling



  • Registered Users, Registered Users 2 Posts: 37 fminus


    Actions have consequences.

    You - a fully grown adult - continually broke the speed limit, knowing full well what the potential repercussions were.

    Im sick of people thinking that they are special or above the law.

    No sympathy. 100% deserved!



  • Registered Users, Registered Users 2 Posts: 269 ✭✭JayPS 2288


    I agree with points for speeding. Habitual speeders need to be punished.

    But there are people who get points for being marginally over, that I don’t agree with. Fine, yes, but points should only click in after a certain amount.

    In saying that, I always drive at 80% of the limit to save petrol.



  • Registered Users, Registered Users 2 Posts: 513 ✭✭✭dickdasr1234


    There's speeding and there's breaking the speed limit. Which was it?



  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    Virtue signalling?😂😂 because most people realise after 3/6 penalty points that they need to change their behaviour?



  • Registered Users, Registered Users 2 Posts: 7,532 ✭✭✭facehugger99


    Your only option is to claim you didn't receive the fixed penalty notice - I presume these are still not being delivered by registered mail.


    You'll then be summoned to Court. Rock up and tell the judge you're not disputing the offence but didn't receive the letter - he'll slap you with a few hundred of a fine to the Court poor box and send you on your way.



  • Registered Users, Registered Users 2 Posts: 418 ✭✭GandhiwasfromBallyfermot


    Actions, meet consequences



  • Moderators, Category Moderators, Education Moderators Posts: 27,316 CMod ✭✭✭✭spurious


    Take the six months and in future drive like you have your elderly parents on board.



  • Registered Users, Registered Users 2 Posts: 1,216 ✭✭✭Happy Monday


    I hear you! And yes. the good people are out in force on here! I should have given up driving for Lent! 😀



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  • Registered Users, Registered Users 2 Posts: 7,686 ✭✭✭User1998


    OP do either of your parents still have a license but don’t drive? If so I would explain the situation to them and ask can you give their license number and have the points allocated to their license. As it makes no difference to them and means they can still be cared for



  • Registered Users, Registered Users 2 Posts: 15,883 ✭✭✭✭AndyBoBandy


    Just giving up speeding would have been enough...



  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    No, you probably should have just given up speeding



  • Registered Users, Registered Users 2 Posts: 4,707 ✭✭✭blackbox


    Not sure that this is legal.



    Pretty sure it isn't!



  • Registered Users, Registered Users 2 Posts: 289 ✭✭j2


    Shouldn't be getting caught speeding in this day and age with the apps available to the speedy motorist. I love to speed, but I'm at a racing driver skill level and drive a car that's safe at speed but also slowing down quickly, but I don't do it in the presence of police or cameras. Let that be a lesson to ya!



  • Registered Users, Registered Users 2 Posts: 2,164 ✭✭✭rolling boh


    Would ask a solicitor no point asking on a forum as you will only get replies telling you you shouldn't be speeding and suck it up .



  • Registered Users, Registered Users 2 Posts: 242 ✭✭berocca2016


    When are your earliest points due for removal ?

    Can you delay the sanctioning of the final points until the first have been removed?



  • Registered Users, Registered Users 2 Posts: 1,216 ✭✭✭Happy Monday


    December 2022 - would need to stretch this process out until the new year.



  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 50,890 CMod ✭✭✭✭magicbastarder


    'but the lads on boards said going 10km/h over the limit was perfectly safe, your honour.'



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  • Registered Users, Registered Users 2 Posts: 242 ✭✭berocca2016




  • Registered Users, Registered Users 2 Posts: 7,532 ✭✭✭facehugger99


    He doesn't need a solicitor, he just needs someone to either take the points for him - his parents would be ideal if either still has a valid license- or await a court summons and claim he hasn't received the fixed penalty notice.


    It's quite simple and doesn't require a solicitor.


    That's the best advice you'll get on this thread. 90% of the posts here will be just lads high-horsing and virtue-signaling.



  • Moderators, Computer Games Moderators, Social & Fun Moderators Posts: 18,809 Mod ✭✭✭✭Kimbot


    Well the OP was the driver so the OP should be taking the points not fobbing them off on someone else.



  • Registered Users, Registered Users 2 Posts: 4,738 ✭✭✭zimmermania


    It might not be such a waste of time asking for advice here,you have provided the advice and it cost him nothing.



  • Registered Users, Registered Users 2 Posts: 19,585 ✭✭✭✭Bass Reeves


    You will need to pass both sets of early points you get. Judge will give you 5 instead of 3.

    Slava Ukrainii



  • Registered Users, Registered Users 2 Posts: 29,088 ✭✭✭✭_Kaiser_


    I think your only options here OP are what's already been said...

    • Nominate someone else if you can find a volunteer
    • Chance going to court and saying you never received the notice. Problem with that (as with everything else in this country) is it depends on who/what Judge you get on the day and their mood. If this happened in Kildare for example you'd be screwed as the Judge there is notorious for harsh penalties for speeding - but that's another issue.
    • Get a solicitor or at least their advice and go from there

    Good luck anyway.



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  • Registered Users, Registered Users 2 Posts: 254 ✭✭micah537


    Op if you haven't declared your 9 points to the insurer do not attempt to go to court.

    I recently went to court due to travelling an unknown route for work. The speed limit was reduced on one section of the road and the sign was missing on the left side of the road and blocked by a vehicle on the other side. In court I had to show insurance policy.



  • Registered Users, Registered Users 2 Posts: 15,883 ✭✭✭✭AndyBoBandy


    Don't really know what else can be said in reply to "I've broken the law multiple times and been caught doing so, and now I don't want to accept the consequences of breaking the law"



  • Registered Users, Registered Users 2 Posts: 8,644 ✭✭✭cml387


    Falsely claiming that someone else was driving the car at the time of the offence is perverting the course of justice and could result in a large fine or imprisonment and I can't believe that people here are recommending it as a solution.



  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 50,890 CMod ✭✭✭✭magicbastarder


    yeah, in what other context would someone post on boards stating 'i've been caught breaking the law multiple times and i want advice on how to weasel out of the consequences' and have people wishing them well?



  • Registered Users, Registered Users 2 Posts: 1,605 ✭✭✭cpoh1


    Its a great call. Did it myself recently after getting flashed at 130kph on the motorway. Father who doesnt drive anymore gladly took he hit for me.



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  • Registered Users, Registered Users 2 Posts: 7,718 ✭✭✭whippet




  • Registered Users, Registered Users 2 Posts: 15,883 ✭✭✭✭AndyBoBandy


    Not to mention the implication of (falsely) admitting to driving a car while not insured on said car.....

    2 wrongs here won't make a right!



  • Registered Users, Registered Users 2 Posts: 187 ✭✭gladvimpaker


    Over speeder's are like gambler's, addicts or thrill seekers.

    They'll never get caught, they won't fall over the edge or the next one is a winner.

    Their amygdala fire's differently and they lack the ability of consequences for their actions.

    I've seen it, they're off the road again then they'll get back on the road again and the foot is on the acceleration next thing, 2 points...ok two doesn't matter, and before they know it they've 12 again.

    I never get in the car with them, they'll speed in the fog, heavy rain, frost snow, dazzling sun sets...theres no limit to their lack of danger. A guy I know explained it to me,its like a high the more dangerous it gets the more adrenaline rush.... surfer's and bodyboarders who have multiple injuries are similar... they'll keep on going to more dangerous spots, bigger waves, shallower sharper reefs.... A soft Sandy beach is for wimps



  • Registered Users, Registered Users 2 Posts: 18,984 ✭✭✭✭kippy


    This is one more reason why we can't have nice things.

    What do you think the implications of this type of behaviour would be were it either picked up on or used by any and everyone?



  • Registered Users, Registered Users 2 Posts: 1,605 ✭✭✭cpoh1




  • Registered Users, Registered Users 2 Posts: 29,088 ✭✭✭✭_Kaiser_


    I'd generally agree with this, but over the years I've learned that this country works on who you know - don't forget it wasn't that long ago that Gardai were wiping points off for mates, celebs and others. It's only the ordinary Joe's without these "contacts" that the rules seem to apply to.

    In the same way, penalties shouldn't be determined by "who you get on the day" or their mood at the time. It should be determined by precedent and the law, but as we know, some Judges will let someone off, others will ask for a poor box contribution, others will throw the book at people - all for the same offence!!

    I'm not saying I agree with these "workarounds" as an option, but it's there nonetheless - and THAT is why we can't have nice things.. because the laws do NOT apply equally to everyone.



  • Registered Users, Registered Users 2 Posts: 15,006 ✭✭✭✭callaway92


    What’s the the people here suggesting fraud? Is this crap for real?



  • Registered Users, Registered Users 2 Posts: 30,040 ✭✭✭✭HeidiHeidi


    Time was this would have been pounced upon immediately by mods.



  • Registered Users, Registered Users 2 Posts: 14,357 ✭✭✭✭SteelyDanJalapeno


    Op can you remember were you actually driving at the time, or did a relative have your car?



  • Registered Users, Registered Users 2 Posts: 18,984 ✭✭✭✭kippy


    I don't disagree with you - however, everyone tends to suffer the consequences of some of these workarounds in one way or another - they shouldn't be condoned or there in the first place - just like who you know shouldn't get you off from somehting wrong you've done - or the inconsistent application of the law in general.

    If everyone pulled the same stroke as the poster what would happen and who would suffer most for it? Think about it for a minute, particularly around the statistical outcomes of more elderly drivers getting penalty points for various motoring offences and what we are told that statistics are fed into.



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