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Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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I was arrested for drink driving nearly 4 weeks ago. I have

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I was arrested for drink driving nearly 4 weeks ago. I have not yet received any fixed penalty notice nor summons to court as of yet - is there an expiration period before which I must receive my penalty notice or summons?And if there is, could this be used to my advantage to avoid the the charge
1. The time limit within which the Summons must issue is six months from the date of the offence. Accordingly, if you do not receive a summons within six months, no prosecution can occur. However, only a short period has elapsed so far, so there is much time yet. However, once the Summons is posted to the address you gave, it is considered served. So attempting to avoid the Summons by stating you didn't get it doesn't work. I would instead suggest you get yourself a solicitor who specialises in Road Traffic cases when it does arrive and see if there is some defect in it. That way you will have some chance.
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Customer: replied 4 years ago.

Thank you for the swift and concise reply

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