# Can Gardai reissue a summons after 6 months?



## jayo20 (10 Feb 2008)

hi, i was just wandering does anyone know about a problem i have. i am being brought up for dangerous driving, i am aware that they have 6 months 2 issue a summons, they left in till the sixth month but gave me a date 4 last year! so a guard came 2 my door told me not 2 turn up that they will issue a new summons. but can they issue one now that this will be nearly 8 months!


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## Bobbins (10 Feb 2008)

*Re: can they prosocute me?*

Hopefully, if you were indeed driving dangerously.


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## jayo20 (10 Feb 2008)

*Re: can they prosecute me?*

for your info i was not! so dont go throwing accusations i only asked 4 advice


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## mercman (10 Feb 2008)

*Re: can they prosecute me?*

No they can not - Has to be in writing if they choose that route; Otherwise you could easily say that you never spoke to the Guard who called. By the way this is a forum for discussion not for texting, and it is pretty hard to make out messages like the one you sent.


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## jayo20 (10 Feb 2008)

*Re: can they prosecute me?*

thanks, see i was supposed too appear in court last month but because of their mistake they said will be a later date. but now if they go 2 issue a new summons the sixth month gate they have is well closed. just im not clear if the law for a re-issue is different


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## Bobbins (10 Feb 2008)

*Re: can they prosecute me?*



jayo20 said:


> for your info i was not! so dont go throwing accusations i only asked 4 advice


 
Please note the use of the word* IF*.


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## csirl (11 Feb 2008)

*Re: can they prosecute me?*

What are you being accused of doing?


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## jayo20 (11 Feb 2008)

*Re: can they prosecute me?*

long long story, im 22, never been in trouble wi law in my life, drice a standard escort, i was coming home from work where i work in a office, some stupid ''boy racer'' in high performance honda decided too overtake me on a bend!coming out of this bend was a checkpoint. i went mad at the guard too do somethin about him, the other person in civic said i sped up so was my fault, the guard decided because we are both young males we were racing each other! which i was not, i have better things to do than tisk my life! my solocitor couldn beleive it, as i was on my own side of the road, was not speeding. its ridiculous.


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## ClubMan (11 Feb 2008)

*Re: can they prosecute me?*



jayo20 said:


> the other person in civic said i sped up


Did you?


> was not speeding


Were you? Did the _Gardaí _mention this?


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## csirl (11 Feb 2008)

*Re: can they prosecute me?*



> 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 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.


 
From http://www.citizensinformation.ie/categories/justice/criminal-law/criminal-trial/time_limitations

The summons can issue after 6 months, so long as application is within 6 months. The date that a summons issues is largely determined by the notice time that needs to be given before the date the case comes before the court. In turn, the date that the case comes before the court is determined by the court list in the particular District and the timing of the next available sitting. This can vary nationwide depending on caseload, frequency of sittings at a particular venue etc.

Re-issues are legal - sometimes sittings are cancelled for various reasons and thpse scheduled to attend on those days are summonsed again. Could be due to something as simple as the Judge was ill, unplanned maintenance on the courthouse e.g. leaked pipe, review of court lists due to more urgent matters needing to be dealt with etc.


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## taponavillus (11 Feb 2008)

once they have applied for the first summonse within 6 months they can ask that it be reissued. all they have to say is that the first summonse was unserved.


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## jayo20 (11 Feb 2008)

thanks for all help, just im confused. my solicitor thinks i can not be done. because she says law is that the summons has to be signed within six months. the first was but because of wrong date second time they go will me eight months. re-issues are legal on instances such as someone being ill, but she thinks if it was a pure error on there wrong doing they can not re-issue it as when they go to get it signed again its eight months,,,,, any thoughts on this????


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## ajapale (11 Feb 2008)

moved from Askaboutlaw as per posting guidelines


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## jayo20 (12 Feb 2008)

and does anyone know how much notice they have too give you before a court date?


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## gebbel (13 Feb 2008)

Jayo you will have to face the charge in a court of law, there is no 2 ways about it. When the summons is eventually issued, there could be a 4-6 week wait for your case to be heard. If your solicitor is telling you that you "cannot be done" because of this 6 month limitation rubbish, then I would suggest you hire another.


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