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Ask Buachaill Your Own Question
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
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I was issued with a fine 60euro and 3 penaulty points on my

Customer Question

I was issued with a fine 60euro and 3 penaulty points on my licence to be paid in 28 days while driving an articulated truck holding a mobile phone .and also a fine of 80 euros and 2 penaulty points for driving without reasonable consideration . I was driving around a roundabout at the time ,and only took my earpiece out because i could not hear and put the mobile up to my ear for a couple of seconds ,at the time of the insident the guard said i was driving too slow around the roundabout and holding up traffic.it was on a sunday .if i dont pay this i will be issued with a summons. If i get these penaulty points on my licence i will be off the road and loose my job. Can i beat this in court .?
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.

1. Dear *****, I would advise you to get yourself a good solicitor and barrister to defend you in court as they may find something wrong with the Summons and get the penalty points overturned. Essentially, only 60% of Summons lead to a successful prosecution. So there are a lot of Summons which don't lead to any penalty being imposed. Accordingly, as your job is on the line, I would advise you to challenge the outcome in court. Certainly, the penalty for driving without reasonable consideration is one which is difficult to prove in a court prosecution. This is because it involves evidence of what other road users were doing at the time of the taking place of the incident.

Expert:  Buachaill replied 1 year ago.

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Customer: replied 1 year ago.
Thank you for your help .i will now try and get a good solicter ,to defend me in court and as you say only 60%lead to a successful procesution. So i may have a chance to keep my job and stay driving .
Expert:  Buachaill replied 1 year ago.

3. Yes, you are better fight the issue and save your job than simply pay the price of having your job taken away because of the penalty points.