# Court Summons for not producing docs(was never requested)-Do I have to attend?



## unsure (17 Jan 2010)

Hi,

I am not sure if this is the right place, but I was really hoping someone may have some advice.

Back in April, I was pulled in by the Gardai for driving in the bus lane. I should add that I was not actually driving in the bus lane, but I did enter it too early so I did break the law and I am not disputing this. For those of you who know Templeogue/Terenure, I was coming up to the Templeogue bridge from the Spawell, and was turning left and instead of waiting until after the bollard to enter the lane to turn, I pulled in just before it so technically I was in the bus lane. 

As I said, I am not making excuses, I understand I should not have done this. When the lady pulled me over, she checked tax/insurance/nct etc which was all fine, and then asked me to produce my drivers licence in the nearest Garda station within ten days. I also received a sixty euro fine.

I paid the fine immediately, and produced my licence two days later in the station. 

On Friday gone, I received a summons for court for not producing my insurance at the Garda station. The Garda never asked me to produce this document. If she had, I would have had no problem producing it on the same day I showed my licence.

My question is will I actually have to go to court that day? Should I have a solicitor? 

Is this a common procedure in our Country? I just think it is such a waste of courts time and tax payers money if this is the kind of cases that are being brought before a judge. 

Has anyone else ever had a similar experience?


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## Vanilla (18 Jan 2010)

Bring your insurance down to the garda station now, ask for the relevant garda, if not on duty get it noted in the book- and ask for whoever is dealing with the court list. If not available, ring later when they are available. More than likely they will agree to strike it out on the day.


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## nuac (18 Jan 2010)

I agree with Vanilla.    However about three days before hearing date you should check with District Court office to ensure the summons has not been entered in the court list.    If it has you should see a solicitor who attends that court.


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## McCrack (18 Jan 2010)

This is run of the mill stuff. As suggested go down again and produce. The matter will be on PULSE. Ask who the prosecuting Garda is. Telephone her. More than likely she will agree to ask that it gets struck out or not bother turning up herself. 

If she doesnt agree (which seems unlikely based oin your explanation) then you should turn up and defend.


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## number7 (18 Jan 2010)

Exact same issue for me but I was never notified of the court case. First I was aware was when I recieved a letter telling me that I had been put off the road for 2 years.

Needless to say I was in a panic, good solicitor sorted it for me without too much hassle.

I have noticed in the last year that I have been summonsed on a good few occasions without any advance notice(I am not some serial offender, I run a business with a good few vehicles), it is very expensive to deal with these issues when in court.

If at all possible get down to the garda station and avoid getting in the lottery of a court case.


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## galway. (18 Jan 2010)

you should tun up at the court with your insurance cert, a summons is a written order to be present in court, if say the guard gave evidence and you were not there you could end up worse off. 
application to strike out is okay but not all judges do strike out the can refuse it
but this is rare
this reason you got the summons is because is was probaly linked to your fixed chaged penalty, there is a box in it that is ticked so when ou get your fine that comes. 
hope this cleas it up.


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## JamesGG (25 Jan 2010)

This happened me, and I did produce. I went down to the garda in question and he told me not to attend. I went anyway just in case and lucky I did, he wasnt there but his mate was with all her paper work ready to dirty my name. Nice surprise for her when I had all the documents and told the judge the story.


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