Does my mother have to appear in court?

Orange-Coca-Cola

Hello,

My mother was fined for letting her tax disc lapse in Jan 2023, but forgot to pay it as there was a lot going on last year, it was to date her 'annus horribilis'. Both I and she knows that is no excuse, and she is not trying to make any. As a result, she now has to appear in court on Wednesday, as the time to pay the fine lapsed on the 20th.

She renewed her tax disc on the evening in question.

My question is, does she have to physically appear in court on Wednesday or what might happen in her absence?

She is not great at walking and the whole journey into the court and on the Luas would take a lot out of her, so if that can be avoided it would be great.

Thank you for reading.

sundodger5

I think it is always best to appear. You get a better outcome as it shows respect for the court system.

That said, if a garda is involved sometimes a chat with them explaining why she cannot attend may help. I wouldn't just not turn up or make contact.

Rows Grower

She should turn up in court and explain to the judge what happened and that the tax was backdated. She won't be going to jail anyway that's for sure. A sympathetic judge might dismiss the case.

Charles Babbage

You can appoint a solicitor to say just what you said, that she is very apologetic, she taxed the car, but has difficulty walking to reach the court. Usually there are solicitors who work these courts and who will take one an extra representation without charging an arm and a leg.

If she does not attend she will be fined and the details will be issued by post.

If she does attend she may be able to have it struck out because she sorted it straight away.

As suggested also she can get a solicitor to represent her but not attending court personally may be an issue regardless and the judge will still issue a fine.

Charles Babbage

it might be worth a taxi fare

cml387

If it's a first offence, she turns up and assures the judge that the tax is paid (and the gardai will be able to confirm that) she will probably get it struck off. Probably, but it depends. It would be worth the Taxi fare.

Rows Grower

https://www.boards.ie/discussion/comment/121939081#Comment_121939081

I don't think it's an automatic fine if you cannot attend in person and have good reason and legal representation.

https://www.boards.ie/discussion/comment/121940589#Comment_121940589

Yeah I am saying if you don’t attend and don’t hire a solicitor you will absolutely be fined. The cost of solicitor might be more than the cost of the fine as well which is something to consider

You might get it struck out if you have representation and the judge accepts your reason for non attendance.

Gary_dunne

It's always best to turn up to any court proceedings, as one poster said it's never wise to show disrespect to the courts. Some judges can take this perceived disrespect very poorly especially if it hasn't been pre discussed or legal representation is there in her stead.

I had to go to court for an unpaid €60 parking ticket a number of years ago in Dún Laoghaire when I was 21, had to take a day off work, drove up from Westmeath and judge dismissed the extra penalty for the effort I went to be there.

For others who didn't turn up there was additional fines imposed in their absence immediately and a bench warrant for what seemed like a serial offender.

Oscar_Madison

By the sound of her medically I think this calls for her to be escorted there with someone and by taxi - suck up any costs and put it behind you then -

hullaballoo

it depends on the individual district judge and the time of day and the weather and what they had for breakfast and when they had their last cigarette and the colour of your eyes... but in general, the best thing you can do is as above - show up (respect the Court), say the situation was remedied immediately and don't be afraid to explain yourself (here by referring to the annus horribilis).

In all likelihood (although not guaranteed), the summons will be struck out or maybe a small donation to a charity in lieu of the criminal conviction might be requested.

Of course, she can ask a solicitor or barrister to represent her (no reason why a barrister would be any more expensive than a solicitor here and you shouldn't have to pay both...up to you to decide whether you're better off with a court specialist or a client specialist). Even if represented, it is still infinitely better to physically be present even if you don't say anything.

https://www.boards.ie/discussion/comment/121941299#Comment_121941299

There’s no criminal conviction for tax. It’s a traffic offence just a fine I don’t think it’s even got penalty points?

worst case for OP is original fine + extra for costs

hullaballoo

https://www.boards.ie/discussion/comment/121941864#Comment_121941864

it's surprising this myth still prevails...traffic offences are criminal offences. if you are found to have had no tax in court, that's a criminal conviction in the same way that if you are found to have murdered someone, it's a criminal conviction. it's of practical relevance as they have to be disclosed to insurers as convictions. they also can show up in various other places like garda vetting.

at least there is now some reprieve in that convictions for certain designated "minor" "offences" are now wiped ("spent") after a number of years, including for "minor" road traffic offences.

fwiw and acknowledging that every time i point this out i get pilloried, i personally believe these should be administrative fines/points and should not be criminal convictions at all. not my laws though.

https://www.boards.ie/discussion/comment/121942259#Comment_121942259

TIL! 😎

everydays a school day! I agree for minor offences it’s a bit wild to have a criminal conviction recorded!

Quin_Dub

Turning up is always worth it.

I was in court a few years back for a traffic offence (which I got dismissed thankfully) but everyone that was present in court for speeding offence for example were getting fines in the order of €20/€30 whereas those "in absentia" were getting fines north of €150/€200 for what appeared to be very similar offences.

As others have said , being in court you have a shot at getting it dismissed by explaining the circumstances , but even if not overturned the fine imposed could be much lower and the difference will be well worth the taxi fair and possibly even a few quid to a solicitor on the day.

StormForce13

https://www.boards.ie/discussion/comment/121939022#Comment_121939022

If you had read the OP with your brain switched to "ON" you might have noticed that the reason that the lady in question has to appear in court isn't because she failed to tax her car, but because she didn't pay a fine.

Orange-Coca-Cola

Thank you very much for the information and the help. But unfortunately most of it became unusable for her as her annus horribilis continues to be extended. She ended up having to go to hospital to the a&e, which was quite frightening. She is still there now. But a doctor has given her a note and while we tried to organise a solicitor to represent her, it was very hard to get anything done from there, with one phone dying within an hour of being there.

In the end she emailed the courts from the hospital with the note from the hospital and the original fine that she was issued. As her appearance would be tomorrow, we can only cross everything and hope it all goes okay. She was also on the phone to somebody in there that gave her the email address. I'm now more concerned about the hospital than the court,

cml387

https://www.boards.ie/discussion/comment/121944140#Comment_121944140

"When sorrows come, they come not single spies but in battalions". I hope she recovers. Compared to good health the rest are only minor matters.