The inadequacies of the speeding fine system

De Hipster · 23-05-2008 2:39pm #1

The story goes...

Last November when driving Northward into the port tunnel I was clocked doing 75kph in a 50 zone.

Guard with Lazer gun stopped me, lectured me, informed that fine & points would be in the post etc.

This is NOT a rant about the fact that I was done, nor about where they were conducting the life-saving speed check, nor an attempt to claim injustice ...but what happened after the incident.

Approximately 1-2months later notice of alleged offence arrived detailing speed, fine & points...all fine so far.

When I went to pay the fine withing the 28days I realised that I no longer had the paperwork, so I phoned the relevant office, explained & requested that they reissue for payment (accepting that I would now be eligible for payment at the increased rate).

Two months later I had still not received any further communications (postal or otherwise) so I phoned the office again to be told that due to a clerical error (i.e. they had failed to reissue the notice) the alleged offence would be dropped. They would write to the relevant district super to request the same.

Approx a month later I received a letter from the District super detailing the fact that the alleged offence had bee dropped & no further action would be taken.

I had forgotten the whole affair, four, or so months have passed. Until this morning when I received a registered letter in the form of a court date summons for the offence...I am now looking forward to taking a day off work to deliver copies of the letters reveived to the judge on the day.

So frustrating...

TwoShedsJackson · 23-05-2008 3:36pm

Sod it, I'll do it... And to think you could have avoided all that aggro by not speeding.

**ratchets his Boards.ie Motors High Horse up another couple of notches**

De Hipster · 23-05-2008 3:42pm

Deserving of a Marge Simpson style "gerhmmmmm"

Seth Brundle · 23-05-2008 4:15pm

Would the District super have the power now to cancel the court date?

De Hipster · 23-05-2008 4:21pm

That's what I had initially assumed would happen, will have to phone to find out if court appearance is necessary at all.

Jo King · 23-05-2008 4:51pm

You had better turn up in court. If you have learned anything at all it should be not to rely on officials. If you do not turn up there is a risk that a case will proceed in your absence no matter what you have been told previously. You will discover some months down the line that you have been convicted and that they are now seeking payment of the fine. You will then have no option, unless you wish to pay the fine, but to seek the leave of the District Court to appeal to the Circuit Court in order to tell your story.

De Hipster · 23-05-2008 4:56pm

Should I claim expenses for my unnecessary day off work for court appearance? Or is that really 'counting my chickens'!

Del2005 · 23-05-2008 5:46pm

De Hipster wrote: »

Should I claim expenses for my unnecessary day off work for court appearance? Or is that really 'counting my chickens'!

You don't get expenses when acting for the prosecution so why would you get them when your the defendent?

TBH you broke the law and got caught, you lost the documentation and are now giving out cause you are being taken to court for not paying up on time. Just turn up on time with all your documentation and hopefully the judge will let you off, but you still could be done for the 4 points and fine.

MCMLXXXIII · 28-05-2008 8:39pm

I'm just back home after a short holiday in Canada. I wanted to "Thank" your post, but I thought I might respond with an even more absurd example of ridiculous speeding fine.

$10,000

That's right, ten thousand Canadian dollars.
There were signs posted on the motorway with all the speeding fines, which were higher than I had remembered for Canada (I've been written up there before, it was $115 for 10 over). I did a little research when I arrived home, and if you are going 50kmh over, it's $10K. It's obviously much less money for less speed, but that can put someone out for a long time.

I know 50 over is a lot, but there are those out there that do it. OP - you were halfwy there! I speed most of the time, and even when I'm doing 110 or 115 on the motorway, some people pass me like I'm standing still. I regularly see cars going 130 on the M50 where it's an 80 limit.

Immediate suspension of license, your car taken away for a week, AND it's patrolled by car and airplane.

IMHO, I think the law will just make those that went 130, to slow to just 125...that fine is much lower.

Source

Esel · 28-05-2008 9:10pm

MCMLXXXIII wrote: »

I know 50 over is a lot, but there are those out there that do it. OP - you were halfwy there!

Do they use kilometres in Canada?

WHITE_P · 28-05-2008 9:12pm

Write to the Court clerk enclosing copies of all documents received so far and ask them can the court appearence be removed from docket without you having to appear, send the letter registered post and if you don't receive a reply, then you will have to turn up on the day.

blastman · 29-05-2008 12:24am

esel wrote: »

Do they use kilometres in Canada?

Yes, they do, eh!

MCMLXXXIII · 29-05-2008 8:02pm

esel wrote: »

Do they use kilometres in Canada?

Canada switched to the metric system with the rest of the Commonwealth in 1970. All the road signs were changed by 1977.

Sizzler · 29-05-2008 8:10pm

OP - assuming you get off with the speeding offence in court you have pointed out a probable loophole in the system. I'd bet any money if you did the same on the 20th day of the 28 day window and asked for the paperwork to be reissued you wouldnt get it due to a "clerical error".

Make sure you send your request for same by registered post though so they can never claim they "dont have a record" of the request by phone or letter.

The inadequacies of the speeding fine system

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