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

G

geri

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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.
 
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.
 
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
 
Last edited:
Hi,
The charge sheet says an application was made to the metropolitian district on 11 Dec 07.
Geri
 
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.
 
geri said:
Can I ask why this has been moved from ask about law? It is a legal question rather than a motoring question.
Click to expand...

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.
 
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.
Click to expand...


Sorry - missed that :eek:

Thanks all for the replies
Geri.
 
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.
 
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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