Court Summons, driving without due care & attention

Drakon

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817
Can I suggest putting €100 in the poor box ...


There was a huge controversy regarding “the poor box” a few years ago. I don’t think there is any official legal thing as the poor box, a throwback to a bygone era.



However, if you wanted to avoid a court appearance I’m surprised the Garda didn’t give you the opportunity to do so. AFAIK before being asked to make a statement you could just have accepted the accusation and taken the punishment.



Dangerous driving is a two year ban. Careless driving is 5 points and €250 fine so I guessing “driving without due care” is, maybe 2 points and a €100? Thereabouts? Much like your poor box and unless you have already points, an even pair of points is nowt to worry about.
 

Leo

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However, if you wanted to avoid a court appearance I’m surprised the Garda didn’t give you the opportunity to do so. AFAIK before being asked to make a statement you could just have accepted the accusation and taken the punishment.
That's not the case, a judge has such discretion, a Garda does not.
 

Drakon

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Hmmmm, are you sure?

(Here I go again:)
In my case...
I knew absolutely NOTHING about the procedure.
When I reported it to the Gardai, “the courts” was the last thing on my mind. I thought the Gardai would put out a notice to Garda cars in the area to keep an eye out for the car in question, and if they saw it, stop it and scold the driver. And look up the registration on the Pulse system to see if the car had been “flagged” before.

But I digress...
I asked the Garda what would happen next. She said a Garda in the accused’s locality would inform him of the allegation.
The accused could then say, “yes, that happened, I admit to it”, and he’d get the punishment.
Or else he could go, “no, I deny”... which is what happened and the rest is history.
 

Drakon

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817
A bit like receiving a penalty points notice in the post, for say, speeding.
You either take the two points and pay your €80,
Or go to court and fight your case.
 

Drakon

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817
Y’know what it may have been.
Had he accepted it, he’d have gone to court to confirm and accept his punishment, and I would not have needed to give my statement.
 

mathepac

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7,218
Two court appearances but never got to my number on "the docket". I'm not sure where I stand now but Rumpole is of the opinion that the long drawn out affair will weaken the witnesses stomach for repeated appearances. There is only one witness statement that places and and my car at the scene of the alleged incident, the other two are of the "I saw a car do this" variety.

As of now I have no idea when the matter will be dealt with or how (Judge Judy?) but me and me old china Rumpole will soldier on regardless, stiffening our upper lips and maintaining shoulder contact with the wheel.

Thanks for asking and sorry this has turned into a marathon. In the vast scheme of things it's a mere trifle but annoying that it's still unresolved. Rumpole has already drunk the original cases of Tesco's proseco he had on ice to celebrate victory. Cases like these seem to get attention quickly around him, but not the cases that fund them
 

mathepac

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I dunno where we are fees-wise. In terms of consultations, work and stuff, here's what we've done:-
  • I phoned his offices and made an appointment for the initial Appearance
  • He made the GD application at that appearance
  • He wrote to me with copies of witness statements confirming hearing date
  • We met at his offices to discuss strategy. He was very helpful and supportive at this meeting and we agreed on certain matters. He said he believed my version of events which [sobs into hanky (disposable)] means a lot
  • We were both in court on two subsequent appearances but never got to the start-gate merely saluted each other.
Probably 5,000 guineas worth so far, don'tcha know.
 

Sue Ellen

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8,170
Hi mathepac,

Very sorry to hear that this sad mess is still dragging on. Only in Ireland as the fella says :(

mathepac,

Very sorry to hear about all this. Hope things go your way. If they don't I promise even if no one else goes to visit you in prison I'll be there with the cake with built in file sure I'm even looking up the recipe already. I think you mentioned somewhere that stripes/arrows suit you best :)
Unfortunately in these Covid times I will have to withdraw my kind offer of visiting, but, rest assured when Covid has lifted, I'll be there, cake and file in tow. We may have to hatch a better plan though, before then, because perhaps Andy's method was better :confused:
 

Purple

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There's also the Woody Allen escape attempt from "Take the money and run" where he carves a gun out of soap but when he gets outside it is raining and the gun dissolves.
 

Drakon

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817
To make matters worse, witnesses get offered financial compensation for loss of earnings due to appearances.
 

mathepac

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7,218
A missive from Rumpole arrived today together with a delivery of dog-food for the canine members of the household. Rumpole did not send the dog-food.

In rather frosty terms I am instructed that I must present myself and any witness I intend calling in my defence. He goes on to say that the case will almost certainly get a hearing in September 2020, 19 months after the event. He notes in passing that he understands I intend contesting the matter and confirms my entitlement to do so.

Should I arrange a refresher tete-a-tete wiv me brief or just brush up on judicial jokes in case His Honour comes over all comical-like again?

I can hear Madame Thérèse Defarge and her cronies, les tricoteuses, sharpening the guillotine and applying the WD40 to the rust spots from here.
 

peemac

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791
I'm guessing that this may be in Naas as it was under renovation last year.

If it's Zaidan, then he doesn't suffer fools and makes little distinction between fools from any side, especially Gardai. (personal experience of malicious prosecution that Zaidan did not take kindly to when it was dismissed - but that's a long story)

But if it is Naas and Zaidan, I'd put a few bob on you getting off.

As for fees, about €200 per court appearance.
 
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