Fixed charge offense -advice needed

V

Val

Registered User
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Hi,

About 2 months ago I was pulled over as a Garda saw me driving holding a phone in my hand.

I admitted to the defense. He then noticed my nct was out of date.

I gave him the letter from the nct centre as proof that the car was booked in for the nct the week after.
He sad, ok that's fine.

He then (rightly) gave me a lecture on using a mobile phone while driving but said it will remain a warning this time.

I thanked him and said it won't happen again.

Today, 56 days after the offence I received 2 fixed charge offences for driving without NCT and one for using a mobile phone while driving.

I'm totally shocked considering my NCT was booked in which I provided proof for and the garda said he would just issue me with a warning.

I have just read that 56 days is the maximum time limit up to when a ticket can be issued after the offence so what a coincidence that my letter was issued exactly 56 days after.

Can anyone advice if I have right to appeal?
 
Since it's within the limits (albeit the last possible day), I don't think that is grounds for appeal. AFAIK, fixed charge offences go to court if not accepted and fines paid. Could get a sympathetic judge in that case. If you could contact the Garda in question, although I doubt you have those details...
 
You have 56 days to pay a fixed charge notice.(Although a higher amount after 28 days).
The Garda has 6 months to issue the ticket.
Did you get 2 fines and one lot of penalty points?
Although the Garda said at the time that he was just warning you,he is perfectly within his rights to charge you on both offences.
Have you bought a hands free device since?
 
Must say I was under the impression that an NCT letter indicating a test date would have been (reasonably) adequate if the test wasn't too long overdue - especially given the difficulty at times in securing an appointment for the nct. Pity the guard couldn't be contacted, maybe it's possible he issued the summons in error forgetting that he issued a warning although driving while holding a mobile may have been seen as the the offence beyond a warning. It's a bit of a mystery though.
 
Val said:
He then (rightly) gave me a lecture on using a mobile phone while driving but said it will remain a warning this time.
Click to expand...

Is it the policy of the Gardai to just warn people about mobile phone usage? I would have hoped that they would impose whatever the maximum penalty for this is.

Brendan
 
Val said:
Can anyone advice if I have right to appeal?
Click to expand...

Yes you do but only in court.

If you wish to contest the charges, then don't pay the fine. (The points will only be applied after you pay the fine or are sentenced in court.)

You will then receive a summons and then you can plead your case in court. You run the risk however of increased points and fine if the judge doesn't find in your favour.
 
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