Summons for Speeding.

D

disenchanted

Guest
20:55 this evening (12/1/07) a Guard knocked at my door and handed me a summons for a speeding offence. Summons was issued on 20th October 2006 and related to an offence they say I committed on 3rd June 2006.

This is the first I've heard of the offence. I has a previous one and got a Fixed Penalty Notice which I paid.

If I'd received one for this current offence I'd have paid, but now I can't I think, and didn't get any opportunity to do so. It's a bit ****ty that out of the blue I am told of an offence, and now can get double points for something I knew nothing of.

Any suggestions?
 
Did the garda in question ask your name before he handed you the summons, and did you reply in the positive ? If not it has been served incorrectly.

As Clubman has suggested - see your solicitor on Monday a.m.
 
Sorry about the *** part.

Yes he did ask if I was whoever, and I did answer in the positive.

Will look for solicitor tomorrow.
 
This topic has been done over and over on a variety of posts. From perosnal experience of havng represented myself in a simialr situation the court will not accept a defence of not having got the opportunity to pay a fixed penalty. I'm not sure exactly why I think Gardai have discretion in these matters. You will have to go to court and if convicted get a further 4 points. Worth shcecking all the wording on the summons and ensure on the internet that each quoted piece of legislation is actually correctly titled and referred to. That's the only advice I can give
 
This should be very easy to get dismissed. You should be able to cite Dungarvan District Court, November 22, 2006, otherwise known as the Waterford cases.
The Waterford cases involve the requirement to produce the original copy of the offence in court by the Garda. It was discovered that this can't happen as the fines are handled by a third party. Also the service of the notice by normal post has been called into question also. Result cases dismissed. Read the details here.
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