Unsigned Summons and only posted through letter box

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dodo

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If a Drink Driving summons was posted to a house and is blank in its entirety. Only accused name etc, states the offence and alcohol level and date of court appearance. Nothing filled out in the Statutory Declaration as To Service. Garda name printed on front page as Applicant.
Can the person just not turn up to court if they do not want to go to court.
 
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dodo said:
If a Drink Driving summons was posted to a house and is blank in its entirety. Only accused name etc, states the offence and alcohol level and date of court appearance. Nothing filled out in the Statutory Declaration as To Service. Garda name printed on front page as Applicant.
Can the person just not turn up to court if they do not want to go to court.
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Was the summons based on a breath blood or urine sample ? A summons for drink driving is unusual these days as most offences are dealt with by way of a fine and notice of disqualification to motorist .
 
dodo said:
If a Drink Driving summons was posted to a house and is blank in its entirety. Only accused name etc, states the offence and alcohol level and date of court appearance. Nothing filled out in the Statutory Declaration as To Service. Garda name printed on front page as Applicant.
Can the person just not turn up to court if they do not want to go to court.
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So “blank in its entirety”, apart from the accused’s name, the offence, the alcohol level, the date of court appearance, and the Garda’s name?

Seems vague and lacking in detail…should be grand.
 
Point is it not meant to be handed to the person rather than put through letterbox, also the summons I think should be signed? maybe not
 
lawoman said:
Was the summons based on a breath blood or urine sample ? A summons for drink driving is unusual these days as most offences are dealt with by way of a fine and notice of disqualification to motorist .
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Urine sample , incident happened in March and only got posted through the letterbox, person did not actually drive or have intent to drive under the influence but happened to be sitting in car with engine on, as they were smoking and had engine on for heat,
 
dodo said:
Point is it not meant to be handed to the person rather than put through letterbox, also the summons I think should be signed? maybe not
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Might help...

Summonses

A summons is issued by your District Court in Ireland after a complaint has been made against you by a Garda. There are important rules about the content of the summons and how this document is served on you.
www.citizensinformation.ie www.citizensinformation.ie
 
dodo said:
person did not actually drive or have intent to drive under the influence but happened to be sitting in car with engine on, as they were smoking and had engine on for heat,
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Can they prove they did not intend driving? From the RTA:

(2) A person who, when in charge of a mechanically propelled vehicle which is in a public place with intent to drive or attempt to drive the vehicle, but not driving or attempting to drive the vehicle, is unfit to drive the vehicle shall be guilty of an offence.
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Seems unlikely to me that a Garda would randomly approach a person sitting smoking in a car with the engine running suspecting them of being intoxicated. Sounds like there may be more to this story?

Whatever about that, I doubt that the person should skip court on the basis of assuming that the summons is somehow technically invalid as that may just compound their troubles.

They really should talk to a solicitor.
 
ClubMan said:
Seems unlikely to me that a Garda would randomly approach a person sitting smoking in a car with the engine running suspecting them of being intoxicated. Sounds like there may be more to this story?
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There is and if this thread represents an actual case, the OP would be well advised to refrain from commenting further for fear of prejudicing their contact's case and possible line of defence.
 
T McGibney said:
There is and if this thread represents an actual case, the OP would be well advised to refrain from commenting further for fear of prejudicing their contact's case and possible line of defence.
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Garda was actually called to another house and that is how the Garda came upon this ,
 
T McGibney said:
There is and if this thread represents an actual case, the OP would be well advised to refrain from commenting further for fear of prejudicing their contact's case and possible line of defence.
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Advice heeded , but with so many cases and no mention of area or any details of where this occurred, but maybe you are right.
 
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