Errors on Notice for Motoring Offence

brandon_flowers

Need some advice from people in the know or people this may have happened to before.

Received a notice today for driving while using a mobile phone, no problem with that but on the notice that arrived
1) My surname is spelt incorrectly, its not badly mispelt but it is actually a different surname
2) The time of the offence is also incorrect, at least 40 minutes after I was caught.

Should I contest it?

Seth Brundle

Do you mean contest it by going to court where the judge will ask you if you were caught and when and then update the summons?

brandon_flowers

No I mean sending it back to the office it came from saying said person does not live at this address.

Seth Brundle

You could try it.
Does it have a car reg on it or anything pointing towards you (other than the address)?

brandon_flowers

Ya it has my car reg and my address, the thing is who will get the penalty points? The person named on the notice has my first name but a different surname. Should I pay the 60 quid and hope for the best?

Its not that I dont want to take my medicine but its extremely sloppy by the garda, because its not a typo, it is spelt incorrectly twice.

Seth Brundle

I would bet money that it will be re-processed or possibly sent to court whereupon you get the non-reduced points tally (i.e. 4 points).
Also were you to pay the fine, you would effectively be admitting guilt!

Nforce

Was it sent by registered post? If not....maybe it never arrived to your doorstep

Seth Brundle

Nforce wrote: »

Was it sent by registered post? If not....maybe it never arrived to your doorstep

I do hope that there are so many typos within your post that it wasn't meant to sound like you were encouraging that they break the law (as you may find that you won't make it to 534 posts!)

Nforce

kbannon wrote: »

I do hope that there are so many typos within your post that it wasn't meant to sound like you were encouraging that they break the law (as you may find that you won't make it to 534 posts!)

Note sticky out tongue smilie.....it denotes a post not to be taken seriously.

Hooch

Nforce wrote: »

Was it sent by registered post? If not....maybe it never arrived to your doorstep

Nforce wrote: »

Note sticky out tongue smilie.....it denotes a post not to be taken seriously.

Denotes silly post! Remember you must take an oath on the bible! Not fair to mislead the O/P

O/P the FCPS is irrevelant if its your car and you know it was you stopped then you caught im afraid. The procedure is to amend the summons in court. Normaly procedure and happens quite often.

Gary ITR

brandon_flowers wrote: »

Need some advice from people in the know or people this may have happened to before.

Received a notice today for driving while using a mobile phone, no problem with that but on the notice that arrived
1) My surname is spelt incorrectly, its not badly mispelt but it is actually a different surname
2) The time of the offence is also incorrect, at least 40 minutes after I was caught.

Should I contest it?

Guards obviously weren't breaking their backs just to know your name

If I was you I'd just pay it. You committed the offence to just take your medicine

pablosd

hmmmm....that reminds me of 2 weeks ago in galway, when i got pulled by po-po undercover in 06 mondeo, he was behind me and gave me signal to pull over, when i slowed down and started pulling in, i looked into rear view mirror and senn him chatting away on the phone(while driving), i was waiting good 3 minutes on the inside lane for him to finish talk and come up to my window.....great example 4rm authorities :pac: he was awfull sound tho....

if they bring u to the court, just say that u were listening to ur iPod:D

Del2005

pablosd wrote: »

hmmmm....that reminds me of 2 weeks ago in galway, when i got pulled by po-po undercover in 06 mondeo, he was behind me and gave me signal to pull over, when i slowed down and started pulling in, i looked into rear view mirror and senn him chatting away on the phone(while driving), i was waiting good 3 minutes on the inside lane for him to finish talk and come up to my window.....great example 4rm authorities :pac: he was awfull sound tho....

if they bring u to the court, just say that u were listening to ur iPod:D

The difference is they are allowed to do that and we aren't.

Seth Brundle

pablosd wrote: »

hmmmm....that reminds me of 2 weeks ago in galway, when i got pulled by po-po undercover in 06 mondeo, he was behind me and gave me signal to pull over, when i slowed down and started pulling in, i looked into rear view mirror and senn him chatting away on the phone(while driving), i was waiting good 3 minutes on the inside lane for him to finish talk and come up to my window.....great example 4rm authorities :pac: he was awfull sound tho....

if they bring u to the court, just say that u were listening to ur iPod:D

what does po-po mean
As for the garda being on the phone, he is legally entitled to be as long as it is within the course of his duties!

Hooch

pablosd wrote: »

hmmmm....that reminds me of 2 weeks ago in galway, when i got pulled by po-po undercover in 06 mondeo, he was behind me and gave me signal to pull over, when i slowed down and started pulling in, i looked into rear view mirror and senn him chatting away on the phone(while driving), i was waiting good 3 minutes on the inside lane for him to finish talk and come up to my window.....great example 4rm authorities :pac: he was awfull sound tho....

if they bring u to the court, just say that u were listening to ur iPod:D

People here would be wise to read Section 3 Road Traffic Act 2006. The offence of holding a mobile phone while driving includes a two way radios, Sat Navs and a music device like an IPOD!!!

http://www.irishstatutebook.ie/2006/en/act/pub/0023/sec0003.html

kbannon wrote: »

what does po-po mean
As for the garda being on the phone, he is legally entitled to be as long as it is within the course of his duties!

Exactly he was more than likely doing a reg check on you car before speaking to you.

Seth Brundle

nice guy always wrote: »

People here would be wise to read Section 3 Road Traffic Act 2006. The offence of holding a mobile phone while driving includes a two way radios, Sat Navs and a music device like an IPOD!!!

http://www.irishstatutebook.ie/2006/en/act/pub/0023/sec0003.html

Has the minister made the regulations for them?

The Minister may, to avoid the impairment or interference with the driving capacity or capabilities of the driver of a mechanically propelled vehicle, make regulations in relation to the restriction or prohibition in mechanically propelled vehicles in public places of the use of—
(a) a mobile phone (other than in the circumstances referred to in subsection (1)),
(b) an in-vehicle communication device,
(c) information equipment, or
(d) entertainment equipment.

It BeeMee

brandon_flowers wrote: »

My surname is spelt incorrectly, its not badly mispelt but it is actually a different surname

They spelt "Flowers" as "Flours"?

brandon_flowers wrote: »

because its not a typo, it is spelt incorrectly twice.

I take it you were stopped by the guard at the time, and (s)he wrote down your details manually.

Just curious: if this was contested in court, could the guard/state turn around and arrest for giving misleading or incoorect informatiion, obstructing justice or something like that? Especially if the guard can swear under oath the person in court is the person he stopped?

Dabko

OP, around here, its a touchy subject the whole "could i get away with the points/fine because of an admin error..." thing.:rolleyes:

I had the same issue last november where they got the reg of my car wrong, and i thought i might get away with it. Got onto a very good solicitor who could get Osama bin laden off, and even he said they would just ammend the thing in court, and hand me the original 2 points and 80quid fine. Waste of time really! Would only fight it if i was going on 8, 10 or 12!

jmck87

I for one dont accept that they should be allowed make errors like that.

Sure everybody in work makes mistakes, but not everybody is allowed charge you with an offence....with power comes responsibility. Where I hear that before? Spider man I think lol

Seth Brundle

Dabko wrote: »

OP, around here, its a touchy subject the whole "could i get away with the points/fine because of an admin error..." thing.:rolleyes:

I had the same issue last november where they got the reg of my car wrong, and i thought i might get away with it. Got onto a very good solicitor who could get Osama bin laden off, and even he said they would just ammend the thing in court, and hand me the original 2 points and 80quid fine. Waste of time really! Would only fight it if i was going on 8, 10 or 12!

I wouldn't say that its a touchy subject but its certainly a regular one and the advice is always the same - a judge can and will amend the summons and then the 'non-discounted' points will be applied (as per your example)!

jmck87 wrote: »

I for one dont accept that they should be allowed make errors like that.

Sure everybody in work makes mistakes, but not everybody is allowed charge you with an offence....with power comes responsibility. Where I hear that before? Spider man I think lol

Mistakes will always be made, especially when taking something down at the side of a road! Anyhow, its not like its causing a miscarriage of justice now! :rolleyes:

brandon_flowers

It BeeMee wrote: »

They spelt "Flowers" as "Flours"?



I take it you were stopped by the guard at the time, and (s)he wrote down your details manually.

Just curious: if this was contested in court, could the guard/state turn around and arrest for giving misleading or incoorect informatiion, obstructing justice or something like that? Especially if the guard can swear under oath the person in court is the person he stopped?

He didn't ask for my name, he took my license back to his unmarked car and I presume he wrote it down there. No misleading information whatsoever. It p***es me off because the last time I got stopped I didnt have my license and had to present it at the nearest Garda Station within 10 days. I did it the following day but the Garda in the Station didnt bother his fat ring putting it on the computer so I got summonsed for no licence, no insurance, driving without a license, driving without insurance and some other offence. I had to go to court with all my documents in order because a garda "forgot" as the Supt. said in court to do his job.

Hooch

kbannon wrote: »

Has the minister made the regulations for them?

TBH I dont think so but im not the be all and end all of the lesiglation. I couldnt be 100% sure on that part. (Were all human but i'll always put my hand up if im not sure:))

I always thought that it had come in. I'll have a check over the next few days and report back!!!

TheNog

brandon_flowers wrote: »

Ya it has my car reg and my address, the thing is who will get the penalty points? The person named on the notice has my first name but a different surname. Should I pay the 60 quid and hope for the best?

Its not that I dont want to take my medicine but its extremely sloppy by the garda, because its not a typo, it is spelt incorrectly twice.

The reason its spelt incorrectly twice is because your name is put onto the handheld by the Garda just once so no matter how many times your name appears on the notice it will be misspelt

norrie rugger

nice guy always wrote: »

Denotes silly post! Remember you must take an oath on the bible! Not fair to mislead the O/P

O/P the FCPS is irrevelant if its your car and you know it was you stopped then you caught im afraid. The procedure is to amend the summons in court. Normaly procedure and happens quite often.

Always wondered, what if you do not believe in a god?

anyway the problem with this, is that how many people have actually received points, based on a typo?
You could almost guarrantee that you were not guilty but not 100%, a cop carrys more "weight" in the courts so would you risk it?

Admin errors should be punished, just like they are in "real" cases.

Hooch

norrie rugger wrote: »

Always wondered, what if you do not believe in a god?

If you dont then you take another oath with no reference to god or the bible.

There are several different types of oath i.e. with bible, no bible, one for translaters etc