Summons for speeding ticket
- Thread starter Gabriel
- Start date
- Status
my point is that if you were to say it was not you driving, you do not have the protection of silence as defence. This may be moot right now for you, but when private camera operator's start issuing tickets in a few month's time, you may find it of use then.
As for British law, well Irish law is predicated upon it, and, justices often take precedents from British Law when deciding Irish cases, especially in new avenues of challenge.
As for British law, well Irish law is predicated upon it, and, justices often take precedents from British Law when deciding Irish cases, especially in new avenues of challenge.
niceoneted
Registered User
- Messages
- 2,049
what speed were you caught doing and what was the limit in the area. this may have bearing as to whether you should contact the guard.
Why? Because he might take a different view depending on the speed? He may also take the same view cos I drive a Bimmer and he hates all Bimmer drivers. Or he may just not care.
I was doing 88kph in a 60kph part of the M1. Far as I'm concerned that's immaterial. And it should be immaterial. The law is that I was caught and fined accordingly. That's the law. I just never got the opportunity to pay said fine. That's the only material part of my predicament. And as others have pointed out the onus is suddenly on me to prove I didn't receive the original fine in the post.
But I take your point...it might affect how he feels about me ringing him. Truthfully I'm more tempted to leave it to court now. A friend of mine who's brother went through the same ordeal some months back sent his friend in his place who apologised to the judge for wasting the courts time after saying that he'd never received the original fine. This seemingly cheered the judge up no end and he cancelled the fine. But then I still don't like the idea of having to go to court.
And let me reiterate - I am not contesting the speeding offense.
Btw...for anyone thinking it...please don't turn this thread into a wagging finger. There's plenty of decent speed limits out there and plenty of poor ones. Not saying this particular area of the M1 is either good or bad btw...
Jeez, take it easy. The question on the speed being travelled at is a resonable one. Excessive speed - say doing 120kph in a 60kph would lead to a court summons and not an on the spot fine. But as you say, this is not relevant to your case.
You drive a BMW and you think the guard will have some opinion on this? I drive a BMW and to be frank, that sounds a bit daft. Big deal, they're 10 a penny.
Just go to court and argue your case. Maybe draft in a solicitor?
You drive a BMW and you think the guard will have some opinion on this? I drive a BMW and to be frank, that sounds a bit daft. Big deal, they're 10 a penny.
Just go to court and argue your case. Maybe draft in a solicitor?
Apologies...my response wasn't meant to be confrontational. I take the point.
Absolutely...but enough people don't think so. People who drive beamers have a reputation...the fact that it might not be true has nothing to do with it.
At this stage...and after digesting it and realizing it aint as big a deal as I originally thought....I probably will just go to court and plead. I will not draft in a solicitor. Why should I pay someone to defend me? That's my whole problem...that's why I posted the thread. A lot of people might think it trivial and my response perhaps doesn't match the severity. But I am annoyed at having to go to court because an post didn't deliver a letter to me. That's essentially what this is about. And the result (if I'm unsuccessful...if the judge isn't in the mood that day etc) will be 4 penalty points. Some fantastic legal system we have.
Sorry...I'm ranting again
Well, on this I'm not 100% certain. But, you attract 4 penalty points if you challenge the alleged offence and fail. You do this on the fixed notice that arrives to your house. The driver is asked if they accept what is stated in the fixed penalty notice - or wish to challenge. You tick box to challenge it and send it back, or you pay the fine. As you haven't got the notice you are not challenging.
Aren't you being summonsed for failing to pay a fine?
Aren't you being summonsed for failing to pay a fine?
Yes...I am. But according to this...
[broken link removed]
"If you have been caught speeding on police traffic camera, you will receive notice of your fine and penalty points of the offence by post. You have 28 days in which to pay your fine from the date the notice issues to you to pay your fine.
If you fail to pay your fine, the fine then increases to 120 euro, which you must pay within 28 days. If after this time, you still have not paid your fine, you will have to go to a District Court. If you are convicted in court of speeding offences and non-payment of fines, you will automatically receive 4 penalty points and a fine to a maximum of 800 euro."
So the judge already has me for the speeding. He decides I'm not telling the truth and it's 4 points.
I honestly don't see you coming out of this with +4 points.
Fixed penalty notices are now (as of at least 12 months ago) being registered to avoid the embarrassment that arose heretofore when defendants indicated they had never received them. The fact that they are registering them is acceptance that not doing so was a failing on their part.
If you go to court and state you have not received it, the gardai will be asked to prove you did (now that they are supposed to be registering them, that should have been easy).
I expect you will come out of this with charge dropped, or (worst case) with an opportunity to pay the original fine and accept the 2 points.
Fixed penalty notices are now (as of at least 12 months ago) being registered to avoid the embarrassment that arose heretofore when defendants indicated they had never received them. The fact that they are registering them is acceptance that not doing so was a failing on their part.
If you go to court and state you have not received it, the gardai will be asked to prove you did (now that they are supposed to be registering them, that should have been easy).
I expect you will come out of this with charge dropped, or (worst case) with an opportunity to pay the original fine and accept the 2 points.
Cheers for the info nt00deep. I didn't realise the gardai were then asked to prove I'd been sent the fine. That's good to know.
Still don't want to go to court mind you. I'm pursuing this at present...let you know how I get on when I know what's what.
tinkerbell
Registered User
- Messages
- 306
Are you sure fixed notices are being registered now? I know they were about 5 years back cos I got one myself by registered post. But up to a very short time ago they were sent ordinary mail. Also the garda in question has nothing to do with actually issuing the fine so I doubt he can be asked to prove you got it! He just supplies them with the footage he took and has nothing to do with it until he himself if summonsed to appear in court to back it up. I would love to see a return to registering them believe me!
We received two parking fines in the last couple of months and neither were registered post. The second one I contested because I was in a clearway as a result of waiting for the AA and when I told the guard he said he'd already written the ticket but to write to the superintendent when I got it and explain and that he'd mention it too and it would be sorted. I wrote my letter and got a reply saying they're looking into it. Nothing since in the last few weeks, but I've kept copies of my letter and the letter I received as well as the original fine so I'm assuming I'm covered.
But the fines definitely were NOT registered!
But the fines definitely were NOT registered!
Sorry mate no sympathy here. Speeding kills innocent people. Take your punishment. If it was my choice you licence would be removed after 2nd offence. This is the usual story in Ireland. Break a law, get caught and then divert attention to something else. Simple fact is that most road fatalities are down to speeding yet the punishment given is little more than a slap on the hand. The drink driving laws are correct but the government are using them to divert attention from speeding which is the main killer. Speak to the mothers, fathers and children of people killed on the roads and then decide if a little 'finger wagging' is appropriate or not.
Thanks for not reading any of the last two pages Joe.
As far as I can see the poster is not disputing the fact that he was speeding - or even complaining about his fine. His complaint, which I believe is justified, is that he was not given an opportunity to pay the initial fine and as a consequence may face a court appearance.
Last edited:
I am sorry. Your reaction to the inconvenience of receiving a speeding fine (raining and pouring!) when you were nearly 50% over the speed limit says it all. Perhaps you should spend less time wondering how you can avoid having to pay this 'unjust' penalty and more on the potential consequences of your actions that gave rise to the 'unjust' portion of the penalty.
aircobra19
Registered User
- Messages
- 2,733
Can you post a link to the stats which demonstrate this?
But then I never received a speeding fine...
- Status