# Time limit on Garda applying for summons for a road traffic offence..



## geri (11 Mar 2008)

Hi,
What is the time limit for a Garda applying to the District Court for a summons for a road traffic offence. The offence is failing to stop after an occurrance (Road Traffic Act section 106). In general for Road Traffic Offences, it seems to be six months. However in information I've come across, it mentions exceptions, but is not specific as to what they are.
I have searched here but can't find the exact answer.
Thanks,
Geri.


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## bond-007 (11 Mar 2008)

*Re: Time limit on Garda applying for summons.*

For the vast majority of traffic offences it is 6 months from the date of the alleged offence. 

The exceptions tend to cover offences that can go either way i.e. can be heard in the district court or tried on indictment in the circuit court. Usually the more serious offences.


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## ajapale (11 Mar 2008)

*Re: Time limit on Garda applying for summons.*

moved from Askaboutlaw
to  Car & motoring related issues


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## geri (11 Mar 2008)

Can I ask why this has been moved from ask about law? It is a legal question rather than a motoring question.

Bond-007 - would failure to stop be considered a serious offence. Negligible damage done (wing mirror damage), no-one injured. The summons is for the district court. It was applied for to the district court by the guard over 7 months after the alleged incident. The court date is set for 6 months from now.
i.e alleged incident 08 May 07
Summons applied for 11 Dec 07
Court date set for 12 Sep 08

Thanks,
Geri


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## bond-007 (11 Mar 2008)

Are you sure that the 11 Dec is not the issue date?


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## geri (11 Mar 2008)

Hi,
The charge sheet says an application was made to the metropolitian district on 11 Dec 07.  
Geri


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## bond-007 (11 Mar 2008)

On the face of it, they are over a month too late. I would ask a solicitor for advice but I feel the Gardaí are on a loser here.


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## ajapale (11 Mar 2008)

geri said:


> Can I ask why this has been moved from ask about law? It is a legal question rather than a motoring question.



Have a look at the forum byeline:
*Askaboutlaw* 
 			For legal issues not covered in another forum. Ask about conveyancing in Mortgages forum. Ask about road traffic law in Cars & Motoring. Ask about tenant issues in Property Investment.


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## geri (12 Mar 2008)

ajapale said:


> Have a look at the forum byeline:
> *Askaboutlaw*
> For legal issues not covered in another forum. Ask about conveyancing in Mortgages forum. Ask about road traffic law in Cars & Motoring. Ask about tenant issues in Property Investment.


 

Sorry - missed that 

Thanks all for the replies
Geri.


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## geri (12 Mar 2008)

Just one further question,
Will this still have to go to court in September or is there any way of finding out from the court beforehand if this will indeed be struck out.  Thanks,
Geri.


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## bond-007 (12 Mar 2008)

Sorry no. The court will tell you absolutely nothing and they will simply tell you to seek advice from a solicitor. 

You are going to have to get a solicitor to deal with it now. If indeed this is a dud summons the solicitor will contact the superintendent concerned to have the matter dropped. That's what solicitors are paid for.


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