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Ask Buachaill Your Own Question
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10956
Experience:  Barrister 17 years experience
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I was stopped by a uniformed Garda at 1..205 pm on July 31st.

Customer Question

I was stopped by a uniformed Garda at 1..205 pm on July 31st. The garda stated that I was doing 101 kph in an 80 kph zone - I was 20 metres from the 100 sign limit and accelerating when he picked me up on his gatso gun which he did show me. I was tired after a long days drive, apologised and went on my way.
I came home last night to find a notice from the Garda in my mailbox. This was August 20th which is 20 days after the offence was committed. Does the 14 day rule apply here in Southern Ireland and do I have the right to swear an affidavit stating the date I received their notice, refuse to accept it and return the lot. The vehicle is a company vehicle and I did show the Garda my drivers license.
Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 3 years ago.
Buachaill :

1. Firstly, there is no 14 day rule applicable in the REpublic of Ireland. So long as the fixed penalty notice or Notice of Intention to prosecute is received within 52 days it is valid. So the fact you only got the notice 20 days after the date of commission of the offence will not impact upon its validity. So there is no such thing as swearing an affidavit and returning the lot. Be aware that your choices are either to pay the fixed penalty notice or let the Garda summons you to court. Here the Garda has six months within which to serve the summons on you. So you are going to have to be served with the Summons within that six month time frame. Be aware that it makes no difference that it is a company vehicle. Once the Garda has your name as the driver, it is you and not the company to whom the vehicle is registered that will be summonsed.


Thank you for your advice.

Buachaill :

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