Summons for traffic offence in 2022.

xPrePF7z4jLy7M

I've just received a summons for a speeding ticket issued in 2022. Citizens Information thinks that this should have been issued within 6 months, is this correct? If so, I assume I would have to attend and ask for it to be thrown out? Or have exceptions been made because of COVID?

https://www.citizensinformation.ie/en/justice/criminal-law/criminal-trial/time-limitations/

phildub

Summons has to be issuesed in court in 6months, what was the date if issue on summons. You can still attend and ask that it be struck out due to lapse in time and your inability to gather evidence to defend the case.

xPrePF7z4jLy7M

The offence was on 29/09/2022. The summons is dated 04/12/2023, however it only arrived today by registered post. The court date is 14/03/2024. It says the application was made to the DPP on 06/12/2022, but I assume that's not the actual summons date? Attaching a redacted scan in case I'm missing something.

20240207_144356_Scan.jpg

10-10-20

You appear to be part of the club:

https://www.boards.ie/discussion/2058334380/received-a-summons-today-for-speeding-4-years-ago

Claw Hammer

The summons only has to be applied for within 6 months, not issued. It is supposed to be issued within a "reasonable time". The hearing is then supposed to take place within a reasonable time. You would have to argue the toss in court about whether 12 months is a reasonable time to issue a summons.

ELM327

The time elapsed is a defense, not a bar. So you'd have to go to the court and argue it as your defense that the summons was not issued in a reasonable time. Consult a legal professional of course, they are expensive but worth every penny if you're in front of a judge.

Robbo

It should also be noted that there's a large number of motoring offences now that are explicitly excluded from the scope of the Petty Sessions (Ireland) Act 1851 so the traditional "6 month rule" may not apply.

Hotblack Desiato

cough Alleged offence, OP.

That sort of ridiculous delay makes mounting a defence almost impossible, as unless it was an intercept stop the circumstances will be forgotten. Justice delayed, and all that - a solicitor familiar with road traffic cases in that court should get it thown out.

Richmond Ultra

The courts closed for months and summons stopped being issued for a number of months in 2020,2021 with covid as nobody was sitting for cases etc.

The courts system in Dublin failed to have a judge for a number of weeks over 2021-2022. Lots of cases are adjourned.

The courts system is trying to play catch up.

Nobody has got a case stated regarding a delay in justice during Covid yet to the best of my knowledge.

If there has been, please post the link.

Oscar_Madison

Were you stopped OP or was it observed and logged that way? I’m assuming a speeding notice wasn’t ever issued in the post?

If so, you might have luck in the courts but as others have said, a solicitor is essential now.