Speeding offence

J

jonc57

Guest
I was caught on camera exceeding a speed limit of 40 km (was doing 48) on The Naas Rd on 28 June 05. As I had been outside of the country quite often since ,the fixed charge was unpaid. I had forgotten about it until a garda visited me today--13 Jan---, with a summons to appear in court. Because of the time elapsed would the case not be statute barred? John
 
If it says on the summons that a request for the summons was made within 6 months of the 28th June, that would be standard. Even if it were made slightly outside the 6 months it is not statute barred, however there is a possibility that a district judge might strike it out for undue delay.
 
Sorry------ Gave wrong information----The offence occured on 15 Feb 05 and on June 28 an application was made to the central admin processing unit==== John
 
They applied for the summons on 28th of June which is within the 6 month statute of limitations. But to hold on to it for over 6 months would be an abuse of process.

I had a summons struck out once for that same reason, gardai obtained summons 2 days before the statue of limitations and then put it in a drawer for 6 months before serving it. I was advised by a lawyer that it is common practice to do this and its amazing that more cases are not challenged on the point of undue delay.
 
wasn't there some hullaballoo a few months ago regarding these cameras. do the summons stand up or must you be followed and stopped at the time by a garda and given proof at the time of the speed you were doing?
 
There is a challenge afoot concerning the consitutionality of assuming the registered keeper is driving.

It has to do with where the RK does not name/know who was driving.
 
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