Summons for speeding!

S

satin

Registered User
Messages
42
Hi there,
I was issued two speeding tickets(which i never knew off till today @7thMarch2007) for last year (May & June). All correspondence were sent to my old address where i used to live around 13 months ago. During the time of speeding offence i was never at the address and all i did go to local motor tax office to get me address changed. And all motortax receipts were sent to new(i.e. current address).
My questions now is :
a) since i was not aware of these tickets at all and even the summons went to old address, what shall i do? What options are left for me?
i) go to court and plead (then probably get big fine and points)
ii) go to court with proof that i was not at that old address?
iii) go hire a solicitor and settle through a solicitor?
And help and input will be very much appreciated. I have never been to court and pretty gobsmacked by this one. Any guidance will be more than welcome.

Kind regards
S Murphy
 
Another thing i like to mention is: one of the summon's was filed 7 months after the speeding ticket was issued? I read on other post that max limit is 6 months ? Is that true?
Please please guide me.

Regards
S
http://www.askaboutmoney.com/showthread.php?t=41099&highlight=speed

*****Copy from other post*****
It is clear from this (DPP (at the suit of Sergeant Emmett Treacy) v Thomas [2006] IEHC 284 ) that the complaint should be issued within 6 months of the alledged offence not the summons. The 1851 and the 1986 Act are the relevant ones.

***

The relevant earlier statutory provision is s. 10(4) of the Act of 1851, which provides inter alia that:-
    • “In all cases under summary jurisdiction the complaint shall be made…within six months from the time when the cause of complaint shall have arisen but not otherwise.”
The general rule is that, where summary offences are alleged, an application for a summons pursuant to the Act of 1986 must be made within six months from the date of the commission of the offence alleged. In DPP v. Roche and Kelly [1990] 2 I.R. 526, the Supreme Court at p. 527 (confirmed that):-
    • “The effect of s. 1 subs. 7(a) of the Act of 1986 was to apply the six month time limit from the date of the alleged offences as provided by s. 10(4) of the Act of 1851 to the date of application for the summons.

 
Thanks Clubman,
Shall i just contact my solicitor, or do i need to get special solictor who deal with these courts or issues?
Keeping in mind i have no experience of dealing with courts.

Kind regards
S Murphy
 
If your own solicitor cannot deal with the case then I presume that s/he should be able to recommend somebody who can?
 
For sure i will do that. Will consult my solictor.
One thing just to get me nerves right, how big a deal is this one ? I will make sure am on time at court and possibly with solicitor. Just to get me Head right, is it a big matter? I am shocked and nervous abt all this.

Kind regards
S
 
............and remember to slow down. Speed kills (usually otherpeople)
 
Thanks for advice, am not speed manaic or something. On both occassion i was at 53 when speed limit in area was 50. I drive an old ford and everything is in miles still try to go as slow as possible.
Any more input to this one will be of great help.
Kind regards
S
 
First ting you need is a good solicitor.That is one that you can trust to handle the problem speedily and professionaly. Get a recommendation if you don't already have such a solicitor. You state that you only heard about the tickets on 7th March. Was this by way of a court summons or a demand for payment. If a court summons then you will need to either attend yourself or employ a solicitor to act for you. If merely a demand then the easiest option is to pay the tickets at the designated Garda station.
 
Its summon to appear in court. Doesnt say anything about fine. Even the summons were issued at old date(Last year).
Regards
S
 
Ok. Ideally if you have the time go yourself and have all of the above facts to hand. In view of the circumstances the judge should be lenient. If you don't have the time make sure a solicitor represents you and is acquainted with the facts of the case as otherwise you could end up with a substantial fine under each ticket.

I meant to add that you could always use the option f writing a letter to the Clerk of the Court for presentation to the judge. Sometimes this works but is dependant on the Court and the Clerk.
 
Can you if you don't mind tell us:
(A): the date of the alleged offence and
(B): the date application was made for the issue of the summons (usually the first line of the body of the document)

The date b must be within 6 months of date a
 
Thanks for all ur replies. Day of events are as below :
7th May 2006 first offence sumon issues 11th october 2006

13th June 2006 second offence summon issues 20th Jan 2006

Both were only handed by Gardi yesterday evening i.e. 7th March 2007

Till yesterday even i didnt even knew that i had tickets.

Kind regards
S
 
The first one is a runner sadly but it looks like they are a month late with the second one so that should be struck out.

Was your car registered to your correct address the whole time?
 
Address from me motor tax receipts and infact when i moved i specially went to local motor tax to change address for license , address of car and for future motor tax. The very next motor tax form did arrive on me current address. I have bills from first month last year till now, banks, credit cards, etc... all of them even solicitor also has account of me moving.

Does this help ?
Kind regards
S

Note: got in touch with solicitor...process is on.. but please can someone juz for me sake tell whether this is a BIG deal. Fair enough i sped i will pay fines and follow rules, but i dont know why i feel so heavy as if i did something really bad. Been driving at snail pace(correct speed limit) now, getting honked, looked down and all... Guess is that wat u get if u folow rules is it ?
 
Just wanted to find out cost of solicitor... i asked but she didnt quote anything.
Wat bill shall ibe looking at...
Kind regards
S
 
Depends on where it is. Country or city? You could be looking at a bill for €200.
 
You must log in or register to reply here.
Back
Top