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The law in this country is an ass
#1
From Rte
The first prosecutions to come before the courts where individuals convicted of traffic offences had failed to produce a driving licence for the application of points, have been thrown out.

Twenty-one cases came before Dublin District Court this morning.

The defendants had all previously been before the courts for offences including speeding and driving while using a mobile phone.

They were required, under the Road Traffic Acts, to produce their licences at the time of their cases, so that the penalty points awarded to them by the court could be placed on them, but they allegedly failed to do so.

The summonses were brought on foot of an order from the Minister for Justice and the Minister for Transport.

Judge Marie Keane told the court today that although a summons states that a driving licence must be brought to court, it does not state that it is a criminal offence not to do so.

She said this was fundamentally flawed and dismissed all 21 cases.

Who writes this law because they need a new job.........

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#2
The judges need a new job more like....

Letting people off for silly technicalities is whats messed up about law in this country
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#3
Fair enough the judges have a lot to answer for but if the law itself was written 100% property there would be no problems or challenges in court now today 21 people who could possibly be off the road are still driving around

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#4
I can see the point, they have to be told if they dont do something its an offence or be reasonable aware of it
Those who can, do.

Those who can't do, teach.

Those who can't do or teach....... Manage!
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#5
On the other hand you could argue that ignorance of the law is no defence. Of course in the interest of fairness I don't know why the notice sent with the summons didn't say that not bringing the licence is an offence and the penalties if convinced.
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#6
Summonses are now largely served by registered post. As Kevin states, simple notice quoting legislation, SI number etc and penalties for non compliance posted with it would answer this and close another "oIrish" legal loophole. But that would be the simple common sense approach and as we all know common sense is apparently "repugnant to the constitution! " still waiting for the section of 2010 RTA which allows for issue of copy FCPN with summons giving offender last chance to pay at double original fine but instead government are apparently happy for situation to persist where people claim not to have received notice in a country with an excellent postal service. Dail should be renamed Bubblesphere!

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#7
(13-11-2015, 12:11 PM)Kevin Wrote: On the other hand you could argue that ignorance of the law is no defence. Of course in the interest of fairness I don't know why the notice sent with the summons didn't say that not bringing the licence is an offence and the penalties if convinced.

It just says to bring it at the bottom of the summons. Think it's in bold. 

And because it's a direction it needs to say it's an offence and the penalties, like section 8 POA and the drink driving demands.
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