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Speeding ticket in Ireland: pay fine, or go to court?

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As this isn't in Germany I'm posting it here.

Last September, my son got a speeding ticket driving my car. But I never received it, because the car was still registered to 

my old address, which was a b&b in the country. I guess they never forwarded it. So I had no idea.

 

Anyway. So the whole thing escalated and I got a summons two weeks ago, to appear at court. I could avoid this by paying a double fine of €160 at the post office.

Paying the fine would get me 3 points; a conviction would get me 5 points.


But I was not the driver so I put my son's details on the payment slip -- he was of course ok to pay the fine and take the points. But it was not accepted because 

it needs to be in my name, as it's my car. So I wrote them a letter explaining.

 

Yesterday they called me and very nicely explained that the only choices I have  now is pay the fine and accept the 3 points on my own licence, or go to court, explain to the judge, and  hope he lets me off. because a ) I wasn't the driver and b ) I never got the first letter. If the judge convicts me I'd get the five points on my own licence -- the first points

I've ever had in my life! and my insurance will go up. 


Both daughter and son think I should risk it. Explain to judge that I am 68 and never had any points and if I'd got the letter it would have been paid immediately (of course by my son).


What do you think? My tendency is to take the easy way out and just accept the 3 points.

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As they used to say on the classic TV programme - Bullseye - gamble. You're going to get points anyway. That's obviously only my opinion. Good luck.

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I think I will. Rereading the summons, it says specifically: bla bla boa "... you did drive a mechanically propelled vehicle, reg no xxxxxxxxx bla bla bla".

It's accusing ME specifically of driving the car which is not true. I'll get my son to come with me as a witness or at least to write a witness statement. They cannot convict me of something I did not do.

By the way, even the summons was addressed to the wrong address, as I have a new car which is now registered at the new address. It (the summons) was sent by "signed for" delivery, and since I don't live there any more, they sent the police to the old address! And they were told that I don't live there any more, so the police found out my new address and hand delivered it here.
Thanks for convincing me! I hate court attendances.

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You got a speeding Ticket in Ireland & you live in Germany? Maybe you should read up on EU driving point system transfer ? I once go a Parking ticket in Scotland but as it was a Sunday could not pay it that day and was going home to Ireland. No internet back then to pay. I believe it is forgot about. If you have to travel to Ireland for a court date for a fine of €160 best to just pay it. If you have a Germany driving Licence you would need to check how they could add points to it from Ireland. 

 

Good luck and fight the system !!!   

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3 minutes ago, positivethinking said:

You got a speeding Ticket in Ireland & you live in Germany? Maybe you should read up on EU driving point system transfer ? I once go a Parking ticket in Scotland but as it was a Sunday could not pay it that day and was going home to Ireland. No internet back then to pay. I believe it is forgot about. If you have to travel to Ireland for a court date for a fine of €160 best to just pay it. If you have a Germany driving Licence you would need to check how they could add points to it from Ireland. 

 

Good luck and fight the system !!!   

Arunadasi lives in Ireland now!!! ( Long time TT member!)

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If you have nothing better to do, I would go before the judge as well. Probably be more waiting to be called than sitting in the chambers itself.

 

I am not sure "who was really driving" matters that much. If the car is registered in your name, you're responsible. Was the ticket issued by a camera or a human being? The issuing cop should be able to say if it was a man or a woman driving. If it was a camera, there's no way they can prove it now one way or another, so it's kinda moot. The issue is the delivery to the wrong address so that you never got a chance to pay it (be sure to tell the judge you would have). The fact that you have never had any points ever before might also fly well. Do you have proof of that? Can you order a record from the authorities in Flensburg or any other countries you've lived in?

 

I am not a lawyer, much less an Irish one.

 

Good luck!

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49 minutes ago, alderhill said:

The issuing cop should be able to say if it was a man or a woman driving.

 

I would not bet on that.

 

Some years ago my wife got caught going slightly too fast in our local 30 kmh area.  She was driving my company car.

Some time later a letter demanding 10 Euro came stating that my employer had identified the driver as me!

Not even my own employer (who had a badge photo online) could identify correctly (they probably did not even look).

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In the US judges (at leas those that preside over traffic court) have all the discretion in the world, and I think this power is based on the same law that gives judges in the UK and Ireland their power. So, I would expect the judge could easily transfer the ticket to the driver, but might ask for proof that you were't driving. I've been to traffic court a couple of times, albeit in the US. For my first ticket in California, I pleased poverty and the judge sentenced me to 16 hours community service (of my choosing) instead of the almost $200 fine. The second time I went to court in New York State, I did it in writing and again pleaded poverty. This time, the fine was only reduced (from around $300 to about $150 I think. Oh, and the third time (again in California), the cop showed up and he and I decided I would plead guilty if he downgraded my ticket :) I forgot what I paid though, but I did save at least half.

 

So, at least in the US, going to court made sense if one had time.

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On 3/28/2020, 4:46:13, arsenal21 said:

https://www.citizensinformation.ie/en/travel_and_recreation/motoring_1/driving_offences/penalty_points_for_driving_offences.html

 

According to the above you should have filled your son's name to the form but not made payment.

 

But once it gets to court, I think judges don't have much discretion.

 

https://www.irishtimes.com/news/crime-and-law/why-thousands-of-traffic-cases-are-now-in-doubt-1.4067357

 

 

Apparently  the first notice, which I never received, had the option to fill in the driver's name, then he would have got the  payment demand a few weeks later, and I would have been out of it. But I never got that.

When I got the final letter I refer to here, there WAS an option to fill in the driver's name but only in the payment section. 


Luckily the "receipt" I got from the PO when the payment was declined gives the reason, "driver number not accepted" (or something like that).It is proof that I did try to pay the increased amount with the correct driver.

 

 

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