Radio Solicitor. I got a speeding ticket on the way to the hospital with burnt two-year-old. I want to fight it in court. Should I?
Hi Listener. This sounds so miserable and mean of the possibility of the authorities taking proceedings against you because you were in a hurry to hospital with your injured child. That said, I suppose they don’t know, because if you got a speeding ticket I presume you were caught on camera and received it in the post.
I have to tell you that it is still technically an offence because the only people exempt from criminal prosecution for dangerous driving or exceeding the speed limit or other criminal breach of the provisions of the Road Traffic Act 1961 are members of the Gardai, fire and ambulance services, driving a public service vehicle in the course of their duty.
My suggestion is to phone the ticket issuing office and explain it to them. Follow this up by a letter but you should also have copies of the admission reports, showing the relevant times, together with a medical report to prove that you were on your way to the hospital. I would be very surprised if a prosecution followed, if you provided the proper evidence.
Regarding fighting it in court – yes, you can, but if a judge takes a very strict and bureaucratic view of this you are liable to get double penalty points on your licence. I think, however, that if you did fight it it would be a very cruel decision against you and you might find that the case would be withdrawn before it got to trial.
To be certain about your options please consult your solicitor and discuss the matter fully with him or her.
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