Summons for traffic offence in 2022

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dahamsta

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I've just received a summons for a speeding ticket issued in 2022. Citizens Information thinks that this should have been issued within 6 months, is this correct? If so, I assume I would have to attend and ask for it to be thrown out? Or have exceptions been made because of COVID?

The offence was on 29/09/2022. The summons is dated 04/12/2023, however it only arrived today by registered post. The court date is 14/03/2024. It says the application was made to the DPP on 06/12/2022, but I assume that's not the actual summons date? Attaching a redacted scan in case I'm missing something.
 

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I am not sure what the procedure is.

But why did you not get penalty points and a fixed charge notice?

Is it possible that you were sent these and ignored them so that it now has to go to court?

Brendan
 
I didn't receive a notice. The summons is correct though, it includes a secondary fixed charge notice with a photo of my car. But I don't think that's relevant to the question of whether the summons is valid. I think the Gardai are chancing their arm here on the off chance people will pay to get out of the court date, because the fixed charge is €160, whereas I think it should be higher at this point. Can you query a summons before the court date? Who would you contact, the district court, the DPP? Or do you just have to go to court and dispute it?
 
Once a summons is applied for within 6 months of the date of the alleged offence it is possible for Gardaí to re-apply for same if the original goes unserved for some reason.

That's as likely as not the reason in this instance.
 
dahamsta said:
I think the Gardai are chancing their arm here on the off chance people will pay to get out of the court date, because the fixed charge is €160, whereas I think it should be higher at this point.
Click to expand...
I'm not sure what their motivation for that would be, it's not like they get to pocket the money.
 
Firstly I am not a solicitor or anything.

Based on the scan you are been summonsed to appear in court.

I always understood the procedure was to first issue a fixed charge notice.
This gives you an opportunity to pay and take penalty points if appropriate.

I do not know if a final notice/reminder would also be issued.

Nor do I know the time frames, if any, between each stage.

If you dispute the charge it was always your right to go to court and defend your position.

Now you claim that you never received the notification.
This would appear to be your current position?
If so I think that you must attend court and put forward this defence.

However at this point in time it might be prudent to get some proper legal advice.
 
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