# Drink driving summons



## REMFAN (17 Apr 2009)

Hi, caught drink driving the morning after last July. Thus far I've received no summons for court. What is the time limit on receiving a summons? Is it unusual for such a summons to take so long to arrive?


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## UptheDeise (17 Apr 2009)

I think you should have received it by now. Anyhow don't go ringing up the Garda asking what's the delay.

BTW, the longer you have to wait the better. Maybe your solicitor could get the charge struck out (if you are bought up over it) because of the delay.


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## Chocks away (17 Apr 2009)

As far as I know it is one year, having received one myself for dangerous driving (the ban garda never turned up and it was thrown out) ten months after the _alleged _incident.


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## McCrack (17 Apr 2009)

Complainant (Garda) has 6 months from the date of the alledged offence to apply to the District Court for a summons. Thereafter he has 12 months to serve it so if the offence happened July 2008 you can get the summons anytime up to end January 2010.


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## nuac (17 Apr 2009)

While the period for making the complaint under S 10(4) PSA is 6 months, most District Judges would query whh summons not served for first available court after date of complaint.

Unless there were difficulties in finding and/or serving the defendant would be likely to strike out foor delay a summons held over for tow long without a valid reason.


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## REMFAN (17 Apr 2009)

nuac said:


> While the period for making the complaint under S 10(4) PSA is 6 months, most District Judges would query whh summons not served for first available court after date of complaint.
> 
> Unless there were difficulties in finding and/or serving the defendant would be likely to strike out foor delay a summons held over for tow long without a valid reason.


 

Three weeks ago the solicitor's office told me to ring the Warrents Dept of the Garda station in the area of the court, to see where I stand. They told me that I had a court date on Dec 10th 2008!!,and further more this did not have an outcome. Going back on the computer she told me that a summons was applied for(by the cop I guess) but was never served (god knows why,likely a court cockup as they had my address). A new application for summons was made since the first case on dec 10th.

I'm wondering if this can be struck out on grounds of (a)- due time lapsed since offence and (b) - the cock up made with issueing first summons?


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## UptheDeise (17 Apr 2009)

REMFAN said:


> Three weeks ago the solicitor's office told me to ring the Warrents Dept of the Garda station in the area of the court, to see where I stand. They told me that I had a court date on Dec 10th 2008!!,and further more this did not have an outcome. Going back on the computer she told me that a summons was applied for(by the cop I guess) but was never served (god knows why,likely a court cockup as they had my address). A new application for summons was made since the first case on dec 10th.
> 
> I'm wondering if this can be struck out on grounds of (a)- due time lapsed since offence and (b) - the cock up made with issueing first summons?


 
Oh my gosh! What sort of solicitor are you dealing with? Ringing the Garda to remind them to bring you to court??? I think you need to go here:

http://www.rate-your-solicitor.com


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## nuac (19 Apr 2009)

REMFAM - the important date is the date on which the prosecutor made the complaint.    If there were some difficulty with the address and service, the court would accept  the orginnal summons with an amedned hearing date - the amendment is made or initialled by the DCC or DJ.    Matter later for the DJ as to whther the delay was reasonable.  Practice3s differ between District Court areas.


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