# Defend yourself in court



## quentint (19 Oct 2006)

I had to appear in Court yesterday on speeding summons. Had every intention of defending myself because I had paid the fine but the guards said they didnt get it.

Anyway, any thoughts I had of getting charge struck out soon disappeared whei I saw the "judge" in action. Handing out incredible fines, endorsements, disqualifications etc. (some of which may have been justified) but mostly to just stunned, maybe innocent people on minor misdemeanours. If anyone dared speak for themselves he just sneered at them and imposed a bigger fine. 

Anyone else had same experience?


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## Meathman99 (19 Oct 2006)

Complete opposite. I think it depends on judge and whether (S)he was drinking the previous night


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## Molly (19 Oct 2006)

Depends on the judge really, I had to attend swords district court on parking fines summons, and of maybe 40 names called for the same offence only 6 or 7 of us were in court, those of us in court had our fines  struck out, simply because we bothered to turn up, those that did'nt turn up or sent a solicitor got savage fines. I was happy that day.


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## quentint (19 Oct 2006)

Hi Molly - thats my point - I and many others travelled long distances and still received same fines regardless


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## Molly (19 Oct 2006)

so like I said it depends on the judge... I was lucky I suppose, was expecting a fine. 

Did the judge hear you out? could you prove you had paid the fine?


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## extopia (19 Oct 2006)

I assume quentint could not prove the fine had been paid, presumably because the cheque had never been cashed.


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## bacchus (20 Oct 2006)

quentint said:


> I and many others travelled long distances and still received same fines regardless


 
In my opinion, it really does not matter how long you had to travel or as to wether you sent a solicitor or not...
The judgment is on the offence, i.e. speeding/not pay fine, not on the consequence of the offence, i.e. having to travel to go to court/sent solicitor.


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## MOB (20 Oct 2006)

"The judgment is on the offence, i.e. speeding/not pay fine, not on the consequence of the offence, i.e. having to travel to go to court/sent solicitor."


Sounds logical, but not actually true.

In passing a sentence, it is normal and appropriate for a court to take into account the way in which the accused has met the case;  It might also be appropriate to look at the way in which the accused has conducted herself since the offence.  For example, if an offence arose from alcoholism, and the accused has been dry for three months, a court would take this into account.  In a murder or rape case, a guilty plea must result in a reduced sentence.

Similarly, in an ordinary road traffic case, it is appropriate for the court to make some distinction between those who turn up (or are represented) and those who don't bother.   When I used to do District Court work, our judge differentiated by IR£50 in his fines.  I think this is about right (equivalent would be perhaps €121 today)


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## z107 (20 Oct 2006)

> <snip>...It might also be appropriate to look at the way in which the accused has conducted herself since the offence....<snip>



That's the problem with the legal system, it's too subjective. I pitty we don't have the technology _yet_ to dispense with solicitors and judges etc. They have far too much power.


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## Meathman99 (20 Oct 2006)

That would be a great day.  
At least Dick Turpine wore a mask.


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## quentint (25 Oct 2006)

extopia said:


> I assume quentint could not prove the fine had been paid, presumably because the cheque had never been cashed.


 
When you get the fixed penalty notice, you have option of paying by credit card. You send off details - unless you check statements etc to see if payment gone through, you wont know another thing until you get summons


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## bond-007 (25 Oct 2006)

quentint said:


> When you get the fixed penalty notice, you have option of paying by credit card. You send off details - unless you check statements etc to see if payment gone through, you wont know another thing until you get summons


Unless you send it by registered post you would be unable to prove they got it.


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## dats_right (26 Oct 2006)

rr


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## Itchy (26 Oct 2006)

Correct me if im wrong but mandatory sentances are not enforced by the judicary(?) as it could be seen as one part of the Oireachtas influencing another when the three are supposed to be independant. For example there is a monadatory sentance (10 years?) for those guilty of possesion of x amount of drugs, yet lesser sentances are handed out. [Just my opinion on this no research done]


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