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Speeding Ticket Query

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  • 22-11-2007 11:01pm
    #1
    el dudo
    Closed Accounts Posts: 3 ✭


    I got pulled over by a Garda the other day who apparently clocked me with a speed gun going over the speed limit. I gave him my license and he went back to his car and took all the details I presume he needed. He also wrote down my registration number. He came back over to me, returned my license and told me to expect a fine in the post.

    Sure enough, a fine has since arrived in the post but it is addressed to "Liam Coyle" while my name is Liam Creen. All of the other details are correct on the document.

    What are my options here? Ideally I would like to pay no fine and get no penalty points, but would obviously like to avoid getting 4 points instead of 2.

    (all names above are ficticious but similar).


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    #2
    10-10-20
    Registered Users Posts: 7,121 ✭✭✭10-10-20


    Pop open a bottle of booze and relax. You're in the clear. It wasn't you driving over the speed limit!


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    #3
    Victor
    Registered Users Posts: 78,400 ✭✭✭✭Victor


    Seal up the envelope, scrawl "not at this address, no such person, return to sender" across the front and place in any post box.


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    #4
    eringobragh
    Registered Users Posts: 3,668 ✭✭✭eringobragh


    Victor wrote: »
    Seal up the envelope, scrawl "not at this address, no such person, return to sender" across the front and place in any post box.

    Here here

    why pay a fine thats not your name on it, don't send it back but don't bin it either.

    I know people say he put the neighbors address down,etc should i pay. In that case i would say pay it.

    Actually my uncle got off soemthing similar before points were introduced (names fictious as well!) he was O' Byrne and they had Byrne on the ticket.

    Was it something like this

    spdtl0.th.png


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    #5
    el dudo
    Closed Accounts Posts: 3 ✭el dudo


    The letter I got was almost identical to the one eringobragh posted - the only difference being as I was "caught" by a speed gun and not a speed camera - there is no photograph of my license plate.

    Also the first line in my notice says "It is alleged that you have committed an offence driving at a speed...". I presume this differs from the letter attached to eringobragh's post because the Garda actually stopped me and inspected my license at the time (although not all that well evidently).

    While my instinct is to not pay the fine. I don't know how to react when a summons will arrive in the post addressed to "Liam Coyle" and not "Liam Creen" (my name). If I ignore the summons will 4 points go on my license anyway as I did not show up in court?

    Also, I have been told that if I follow Victor's advice and send the envelope back saying no such person at this address, it will allow the feds to reissue the fine to the correct name (something I obviously don't want!).


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    #6
    pa990
    Registered Users Posts: 3,883 ✭✭✭pa990


    It will go to a summons, you can be tracked down by your address and by the reg of the car

    the gardai are entitled to make an amendment to the summons before the judge on the day of the court, this is usually done just as the case is called. The guard will ask the judge to allow a change to the summons before he gives evidence.

    this is quite normal , and happens all the time, it allows for typos etc,

    you can take your chances if you like.

    EDIT: Just realised.. they wont accept payment in the post office, because you driving licence wont match the details on the letter/ ticket.. so it will have to go to court. If you can prove to the judge that you tried to make payment, It may be struck out.. or you may just be given the €80 fine and two points.. but if you show up.. the judge may be more lenient


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    #7
    Potential-Monke
    Registered Users Posts: 14,013 ✭✭✭✭Potential-Monke


    Ya, you were speeding, pay the fine, take the points. You can try and scam the system, but as pa990 said they ahve the correct car reg, so you're on the system.


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    #8
    pred racer
    Registered Users Posts: 4,384 ✭✭✭pred racer


    pa990 wrote: »
    It will go to a summons, you can be tracked down by your address and by the reg of the car

    the gardai are entitled to make an amendment to the summons before the judge on the day of the court, this is usually done just as the case is called. The guard will ask the judge to allow a change to the summons before he gives evidence.

    this is quite normal , and happens all the time, it allows for typos etc,

    you can take your chances if you like.

    EDIT: Just realised.. they wont accept payment in the post office, because you driving licence wont match the details on the letter/ ticket.. so it will have to go to court. If you can prove to the judge that you tried to make payment, It may be struck out.. or you may just be given the €80 fine and two points.. but if you show up.. the judge may be more lenient

    ^^
    What he said.
    I have been in court a number of times this year (family stuff, long story) and any mistakes on summon's for ANY offence have just been amended by the judge, and they still got the fine! But if you decide to go to court..... definately show up, if you dont you are getting the MAX.

    For everybody.......Everthing you think you know about court procedure, that you have seen on TV etc. is probably wrong! the only people to take advice from are goodsolicitors and people who have been in court for the same offence (and preferably the same judge, they all differ in the way they deal with stuff) believe me all my court appearances this year have been an eye opener!


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    #9
    el dudo
    Closed Accounts Posts: 3 ✭el dudo


    Potential-Monke wrote: »
    Ya, you were speeding, pay the fine, take the points. You can try and scam the system, but as pa990 said they ahve the correct car reg, so you're on the system.

    1. I am alleged to have been speeding.
    2. I clearly stated in my first post that I do not wish to pay the fine or get penalty points.
    3. I am not trying to "scam" the system. I merely want to exercise my rights in the most advantageous way.


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    #10
    kdevitt
    Registered Users Posts: 2,277 ✭✭✭kdevitt


    The same thing happened the time I got done - I got legal advice, which was - pay the fine. You will end up in court, they have your reg number after all - and the guard can request the name be changed in court on the day.


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    #11
    sgthighway
    Registered Users Posts: 1,540 ✭✭✭sgthighway


    This ammendment crack doesn't make sense. If the summons has the wrong name on it too; its not him who has been summoned to go to court; Simple as That??
    The gamble is this if you don't turn up the Judge could issue a warrant.


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    #12
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Potential-Monke wrote: »
    Ya, you were speeding, pay the fine, take the points. You can try and scam the system, but as pa990 said they ahve the correct car reg, so you're on the system.
    Well now, how can he pay if the details are wrong? They won't accept payment as the name on his driving licence differs from the name on the notice.

    Explain that one so?


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    #13
    kdevitt
    Registered Users Posts: 2,277 ✭✭✭kdevitt


    Bond-007 wrote: »
    Well now, how can he pay if the details are wrong? They won't accept payment as the name on his driving licence differs from the name on the notice.

    Explain that one so?

    They had absolutely no problem accepting my money when they got my name wrong - you have to write your driving licence nr on the form and return it, the spelling of your name doesn't make a difference.


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    #14
    Potential-Monke
    Registered Users Posts: 14,013 ✭✭✭✭Potential-Monke


    As people ahve said, the fine is going to the owner of the car for which he was driving, so, the summons/notice can be ammended to have the correct name.

    El dudo:
    1: You're alleged means that evidence has to be given in court regarding it, ie: statement from the Garda.
    2: You were speeding and caught, you have to pay the fine/get the points, thats the idea of laws.
    3: "Execise your rights in the most advantageous ways" is a posh way of saying scam the system.

    From the horses mouth, you can go to court and there is a possibility you'll get off. But, there's also the possibility that the judge won't accecpt your excuse and stick you with the 4 points and a larger fine!


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