# Speeding Ticket Summons



## SRB (21 Aug 2008)

Hi,

I have read a few threads about speeding ticket summons. I have just been issued with a summons yesterday (20 August 2008) for an offence that occurred 2 August 2007.

I did not receive the original fine for the ticket (supposedly a speeding camera), so was completely unaware of the offence until yesterday when I received a summons.

I have I read this summons needs to be issued 6 months after the offence, which obviously applies to me as it is in fact over 12 months since the offence.

But, my *main issue* is that I absolutely cannot attend court on the summons date. What are my options?

Can I have someone attend in my place? I do not intend contest the ticket, as the photo obviously shows my car. Can I nominate my spouse to attend or does it have to be a solicitor? 

If it has to be solicitor, can anyone recommend one?

Any advice appreciated.


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## starlite68 (21 Aug 2008)

think it has to be a solicitor...not 100% sure though.


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## Iceman732 (21 Aug 2008)

Contest the ticket, you were never made aware of the speeding fine until the summons.


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## starlite68 (21 Aug 2008)

plus its over twelve months.


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## z101 (21 Aug 2008)

Can you not get in contact and see can you get another hearing date?

I assume you are aware as far a the court will be concerned you failed to pay the original fine and 4 penaly points instead of 2 will be applied. I would hotly contest this if what your saying is accurate. I think there are some solicitors who are experts in this area and there is a wide open tecnicality to get off with the whole thing as procedure was not followed.


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## SRB (22 Aug 2008)

Can't get a new court date, and I'll be out of the country on this date.

The facts are:

1. Date of offence - 2/8/07
2. Alleged date of fine issue - October sometime - I spoke with the Fixed Charge Processing Office and they gave it to me, buit I didn't write it down.
3. Summons applied for -  10/1/08
4. Summons issued - 1/2/08
5. Summons delivered (not in person) - 20/8/08

To complicate matters I purchased my car around this period...but can't find the paperwork, so I'm unsure if it's me or the car dealer in the drivers seat!

The insurance is dated 1/8/07, but I would have had to had that before I took possession of the car, meaning if it is me in the drivers seat, I'm probably driving back from the dealership with my new car!

A look at a decent photograph of the incident will solve that problem though.

*Long story short, can anyone suggest a good solicitor? Please PM me.*

Thanks.


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## SRB (24 Aug 2008)

Anyone?


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## nai (25 Aug 2008)

why not check when you switched your car insurance over - that will give you a date for when you took ownership of the car for starters.


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## jhegarty (25 Aug 2008)

Check with the garage , I am sure they will have the details...


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## bond-007 (25 Aug 2008)

The Gardaí are extracting the Michael by waiting over 6.5 months to serve the summons after the date of issue. A good solicitor will make it go away. Actually any compenant one will.


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## Iceman732 (25 Aug 2008)

As I've said many times on this forum I'd rather spend €2000 on senior council for a day than take 4 penalty points. 

Sounds like you have a concrete case for contesting it. I'd make sure you were in the country for the case too. I don't know about you but I certainly wouldn't want 4 penalty points on my licence for the next 3 years.


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## Guest106 (25 Aug 2008)

If not there yourself then you need a solicitor.
The delay factor in issuing the summons is a fatal error and properly handled will result in the summons being struck out.


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## Dachshund (26 Aug 2008)

bond-007 said:


> The Gardaí are extracting the Michael by waiting over 6.5 months to serve the summons after the date of issue. A good solicitor will make it go away. Actually any compenant one will.


 
The gardai have *six *months to apply for a summons and *twelve* months to serve it. It can be served in person by a Garda up to seven days before the court date or 21 days by registered post. Theoretically you could be waiting up to 18 months for a summons to be served on you.

The following is taken from the Citizens Information website:

" Normally, if you receive a summons and you seek legal advice, your solicitor checks the dates on the summons to make sure that the summons was applied for by the Garda within the time limit allowed. If the application was made outside the time limit, then the prosecution will be struck down in court.
*The crucial date is the date the Gardaí make the complaint to the District Court judge or the date they make the application to the appropriate court clerk for the issue of a **summons**, rather than the date the summons was issued on or the date on which the summons was served on you. *
The other crucial date is the date the offence took place. In most cases this is usually very clear, such as in a case of speeding or theft. "

In the OP's case the Gardai are within the six month time limit to apply for the summons. The OP does not have a case to contest the summons regarding the date of issue. Whether they should retain a solicitor to represent them in court in their absence is up to them.


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## bond-007 (26 Aug 2008)

The case is a dead duck if the original notice was not received.


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## gradgrind (26 Aug 2008)

> The case is a dead duck if the original notice was not received.


Possibly but depends on the judge, I've heard both of cases been thrown out because of claims the notice wasn't received and also of the judge simply applying the original penalty - rather than doubling the points and increasing the fine as is normal in court. 

A lot of notices do genuinely go missing and I suspect this is due to a problem with the addressing system used by the points scheme, there's only I think 4 lines allowed for the address. The couple notices I've seen have had 2 of those lines used up City and County. Dublin/Dublin. 

So if you've given a precise 5 line address there's a good chance the garda will discard one or two of those lines to make it fit into the computer form. Not a good idea with our lack of postcodes and similarily/identically named estates addresses. 

What happens is the points notice is normal post so may or may not make it, the summons is registered post (or hand delivered by a garda) so since it needs interaction with the recipient will make it.


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## tinkerbell (26 Aug 2008)

OP states it was a speed camera detection if I read correctly?   This would be automatically issued to the person at the address at which the car was registered on the date of the offence.  Many people move, etc. and don't update details so the notice never gets to them.  The excuse that it was not received is not at all guaranteed to get anyone off!  Any notice not paid within 56 days will automatically go to summons and court and with photo evidence that speeding did occur its impossible to plead otherwise!  As regards attendance if you are unable to attend you can nominate anyone you wish to attend in your absence or contact the court clerk to arrange another date?


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## bond-007 (26 Aug 2008)

I am not so sure that contacting the clerk will do anything. They will tell you to contact the issuing Garda to ask him to adjourn it. 

It is a fact that cases are being dismissed on a daily basis for no notice being received. And it is also a fact that some judges will allow the accused to pay the original fine and accept 2 points. It is scaremongering to suggest anything worse will happen.


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## tinkerbell (27 Aug 2008)

The Garda is summoned to court in a very similar way to the defendant and only the court can change that.     Cases are dismissed daily for various reasons and the old excuse of not receiving the original notice is the most commonly used.  I don't understand your comment on scaremongering - its a fact that the judge will decide the outcome on the day of court!


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## Guest106 (27 Aug 2008)

Plus there's a very high incidence of no show by prosecuting Gardai on the day of the case.
This is a huge problem as anyone who has spent a while in the vicinity of our courts will have observed.   No show usually merits an instant strike out by the Judge none of whom take kindly to Gardai who neglect their duty in this way.


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## SRB (1 Sep 2008)

Thanks everyone for the valuable inputs.  

I spoke to a solicitor and the costs were exorbitant, and with the chance that the case is adjorned anyway (due to Garda no show), I couldn't justify the cost.

The summons was applied for on 10 Jan 2008 by the Garda and summons date, 01 Feb 2008.  Unbelievably this summons was not delivered to our home until the 20 August 2008, however I actually have no proof of this (surely this is not normal?)  It was hand delivered (I believe as there are no post marks on the envelope) but not received in person.

We haven't changed address in the last year - simply never recieve the envelope with the original fine.

Anyway, as previously stated, I have an importment appointment abroad on the summons date, so cannot make the appearance in person.  My spouse will attend the court appearance in my place.  My spouse intends to state the facts and is likely not broach the subject of summons dates (if I hired a solicitor then perhaps I would've explored this route).

I will post the outcome after the fact! Thanks again


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## SRB (9 Sep 2008)

So, the outcome of the summons was an adjornment.  

My spouse was told that they could not give evidence on my behalf.  For the people who did not turn up to the their summons a fine of €150 was generally given (sometimes €200, we think this was if it was a second summons though).

Interestly the 2 people prior to my appointment were caught by the same garda and had the same defence - 'did not receive the original fine'.  These case were both 'struck out' as the garda could not produce evidence of them receiving the fine! 

So, I have a second summons date that I am able to attend personally, so hopefully I will receive the same treatment. Although, of course, this can't be guaranteed, as the next judge may have a different take on the law.


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## Guest106 (9 Sep 2008)

SRB....your last line is truer than you may think.  Life is more about perception than reality sometimes.


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## SRB (19 Sep 2008)

And the absolute final result - was a 'struck out' because the gard didn't turn up for the second summons date!

Thanks to all


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## Headothelake (24 Apr 2009)

Hi SRB,
I just recieved a summons for a speeding offence where I did not recieve the original fine, I have read this thread and I just wish to summarize what you appear to have done as I think I will not be able to afford a solicitor to handle this.  

You did not recieve the original fine

You represented yourself in court.

Your girlfriend seen 2 other people in same situation as yourself, both cases struck out

Your summons struck out because garda didnt turn up not because of missing fine.

My query is did you have to pay original fine?
Sorry about long windidness but v worried about representing myself and by the way your girlfriend is star for going along first time.


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## bond-007 (24 Apr 2009)

If the case is struck out, you do not have to pay anything.


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## Headothelake (24 Apr 2009)

Are the points also not applied, again apologies for broken nature of posts.  This summons was like a bolt out of the blue, I am still in shock.


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## bond-007 (24 Apr 2009)

If the case is struck out there is no punishment of any kind. No Fine and no points.


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## lawdable (26 Apr 2009)

Certainly in Dublin the general practice is that summons are struck out where the defendant gives evidence they did not receive the original fixed penalty notice.

One of the judges asks people to donate the original €80 fine to charity before striking out, the others just strike it out.


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