Election to Court (Right to Trial Under Article 38)

An FCN is an opportunity to discharge potential liability without prosecution; not a determination of guilt. The recipient has an absolute right to refuse payment and force prosecution in the District Court, where burden is on the State beyond reasonable doubt. Many FCNs are not pursued because cost of prosecution exceeds the fine; many summonses are dismissed if the witnessing officer fails to attend or evidence is weak.

Legal basis

RTA 2010 s.35; Constitution of Ireland Art. 38.1; inherent jurisdiction of District Court.

How to identify this in your case

Strategic choice. Best where: substantive defence exists; offence borderline; witness unlikely to attend; FCN cost high enough to risk fine plus costs.

Sample appeal wording

To: Court Clerk, [Court Office] Re: Summons [NUMBER] - [NAME] I confirm I will appear in person / by solicitor at the District Court hearing on [DATE] at [TIME]. I will plead NOT GUILTY. The State is put on full proof of: 1. Identity of driver/liable person 2. Location of vehicle 3. Traffic sign/road marking authorising the restriction 4. Validity of relevant by-law/regulation 5. Procedural validity of FCN 6. Service of any required notice I request advance disclosure: officer's notebook, photographs, certified copies of by-laws, signage authorisation, calibration of any device, and the original FCN. Yours faithfully, [NAME]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

Constitution of Ireland Art. 38.1