Ticket for talking on the phone

dirkey_wynne

Wossack wrote:

I reckon they must have your details correct somewhere otherwise I dont see how you got the notice in the post... for that reason, I wouldnt challenge it

in fact, does it even matter what the reg of the car is for this offence?

My wild guess would be he took down his address from his license.

Talk to someone in the legal profession. Guards get away with absolute murder, so why shouldn't we.

In the car with one recently, he was off duty, doing 65 in a 40 zone. Pulled over, rolls down the window "I'm a member." And on he goes.

It's the way of the world, try and get off I say.

And I bet some of those mightier than thou people on here talk on their phones and drive.

craichoe

industria wrote:

That's EXACTLY why I posted the question on here. Of course I do not want to end up with 4 points and a bigger fine!!
I just thought another board user might have been in this situation before or a member of an garda siochana/somebody in the legal profession might tell me where I stood with regard to the typo?!
We all know I was in the wrong so enough said about that..

You should consult a solicitor if you want to chance going to court. AFAIK, incorrect reg is irrelevant, its the individual that caused the offence.

i.e. you could be driving any car but the points still go on your license via the license number.

Homer

Update....

Spoke to a relative who is in the legal profession and his opinion is that the incorrect reg is irrelevant. If the name and address are correct then more than likely if it went to court the judge would see it as a petty attempt to get off the charge and more than likely double the points and fine!
Just his 0.2 cents
Looks like i'll have to grin and bear it.. Doh!:mad:
I'm off now to sort out my automatic bluetooth pairing!!!

andrew1977

industria wrote:

Update....

Spoke to a relative who is in the legal profession and his opinion is that the incorrect reg is irrelevant. If the name and address are correct then more than likely if it went to court the judge would see it as a petty attempt to get off the charge and more than likely double the points and fine!
Just his 0.2 cents
Looks like i'll have to grin and bear it.. Doh!:mad:
I'm off now to sort out my automatic bluetooth pairing!!!

I was stopped for speeding a few months ago @ 8.30am in the morning, ticket arrived in the post and had 8.30pm on it
I asked my solicitor what could be done, certainly he could fight it he said, but would cost a few quid in legal costs etc, also advised me that the judge would hammer me for contesting it ,
So i paid up and now guess what...i do my best to stick within the speed limit..lesson learned

wet-paint

My brother has (on a slightly relevant note) for the last five years never paid any bin charges. They're addressed to a David, and his name is Owen. He doesn't pay, and they keep collecting.

The quandary here is whether the OP thinks it better to squirm out of paying by capitalising on the mistake, wherever it occurred, or to pay up as he knows he's in the wrong.

Lorax

He got your address from your license, not the registration which is why it went to your address and not the 1 with the incorrect reg. Anyway the offence he is charging you with is driving the car of reg 99-WW bla bla while using a mobile phone, when you did no such thing , otherwise why bother including the reg at all? Its a false accusation, I would counter-sue the gardai for slander. <we'll just edit this bit out> Motor courts are a joke anyway.

ballooba

dirkey_wynne wrote:

In the car with one recently, he was off duty, doing 65 in a 40 zone. Pulled over, rolls down the window "I'm a member." And on he goes.

A lot of them are dicks, I'm surprised he admitted it.

llester

industria wrote:

Update....

Spoke to a relative who is in the legal profession and his opinion is that the incorrect reg is irrelevant. If the name and address are correct then more than likely if it went to court the judge would see it as a petty attempt to get off the charge and more than likely double the points and fine!
Just his 0.2 cents
Looks like i'll have to grin and bear it.. Doh!:mad:
I'm off now to sort out my automatic bluetooth pairing!!!

Sorry I just saw this!!:o

llester

To the OP - pay the fine and get the points. It's an offence to be on the phone when driving and besides what a judge would think it really irritates me to see people doing it. Your insurance also does not cover accidents which occurred whilst a driving on a mobile.

Anyway, back to the point, you could take a chance and take it to court over the technicality over the incorrect reg details, but you're putting yourself entirely at the mercy of a judge......if you're last in the list the judge could be peed off with such a weak claim that he won't entertain you....and as you know you'll get double the points and higher fine. The judge could be in a good mood and let you away with it....but I doubt it. The error isn't enough to cause confusion as to the nature of the crime and your guilt.

Points only last a number of years anyway...

DonJose

calsatron wrote:

Your also running the risk of 4 points versus 2 and the maximum fine increasing to €2,000

Don't forget you'll have to pay solictors fees plus you'll miss time off work.

DonJose

Lorax wrote:

I would counter-sue the gardai for slander. <we'll just edit this bit out> Motor courts are a joke anyway.

How's your own case going???

HelterSkelter

For all the people taking the high moral, that is:

craichoe
OldmanMondeo
Drax
egan007
llester


I want to know have you ever used a mobile phone while driving? Have you ever been convicted of ANY driving offense?

And as for having a go at somebody for trying to get off on a technicality WTF is wrong with that? You can bet if the technicality was the other way around they would have no problem screwing the OP. Bin collection for example, if the lid of your bin is even open a bit (because you have stuffed your bin) they won't collect it, that's a technicality they use against you.

llester

HelterSkelter wrote:

For all the people taking the high moral, that is:

craichoe
OldmanMondeo
Drax
egan007
llester


I want to know have you ever used a mobile phone while driving? Have you ever been convicted of ANY driving offense?

And as for having a go at somebody for trying to get off on a technicality WTF is wrong with that? You can bet if the technicality was the other way around they would have no problem screwing the OP. Bin collection for example, if the lid of your bin is even open a bit (because you have stuffed your bin) they won't collect it, that's a technicality they use against you.

Never...it's against the law and highly dangerous.....it irritates the cr@p out of me when I see people doing it. And no, I've never been convicted of a driving offence....

Never had a go at the OP trying to get away on a technicality...just gave him my take on what might happen....

No need for you to get all hot and bothered over it though..:rolleyes:

OldmanMondeo

HelterSkelter wrote:

For all the people taking the high moral, that is:

craichoe
OldmanMondeo
Drax
egan007
llester


I want to know have you ever used a mobile phone while driving? Have you ever been convicted of ANY driving offense?

And as for having a go at somebody for trying to get off on a technicality WTF is wrong with that? You can bet if the technicality was the other way around they would have no problem screwing the OP. Bin collection for example, if the lid of your bin is even open a bit (because you have stuffed your bin) they won't collect it, that's a technicality they use against you.

First off, the OP did not explain how he actuall got the ticket, i.e. the Guard took details from the licence and not the reg off the car. He also mentioned that he has a bluetooth car kit but had not pair it with the phone. My point to both of these was that he should of paired the phone and the ticket could not have arrived at his door if the guard used the reg details.

Second, Yes I have used my phone while driving, with the installed car kit I have. Before I had the kit I used a bluetooth headset and this was before points could have been given for using a phone while driving.

You go on about using a technicallity for getting off a couple of points and a ticket, what about you view on joyrider/murders/rapist etc getting off on technicallities? Different rules for different people.

You wouldn't be a politician would you?

bo-bo

Lorax wrote:

He got your address from your license, not the registration which is why it went to your address and not the 1 with the incorrect reg. Anyway the offence he is charging you with is driving the car of reg 99-WW bla bla while using a mobile phone, when you did no such thing , otherwise why bother including the reg at all? Its a false accusation, I would counter-sue the gardai for slander. <we'll just edit this bit out> Motor courts are a joke anyway.

afaik, when considering the particulars of an offence, they can be amended on application to the judge by the garda. to what extent depends on the judge.

from a practical point of view, i would just pay up. if you go to court, its just going to be hanging over you, its prob going to cost a few pounds anyway and its only 2 penalty, which isnt the end of the world