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Speeding fine

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  • 29-01-2014 9:50am
    #1
    lachin
    Registered Users Posts: 249 ✭✭


    Hi all,

    Hope it's ok to post this here.

    I got caught for speeding over the Christmas and today got my ticket in the post.

    I was in the wrong and there's no issue there but the time on the ticket states 16.35 although it was 18.40 when I was stopped by the Gardai.

    Can I contest this on the basis that it is incorrect?


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    #2
    sawdoubters
    Banned (with Prison Access) Posts: 1,289 ✭✭✭sawdoubters


    your honor I was not speeding at 16.35 although it was 18.40,


    guilty


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    #3
    Zambia
    Closed Accounts Posts: 7,333 ✭✭✭Zambia


    lachin wrote: »
    Hi all,

    Hope it's ok to post this here.

    I got caught for speeding over the Christmas and today got my ticket in the post.

    I was in the wrong and there's no issue there but the time on the ticket states 16.35 although it was 18.40 when I was stopped by the Gardai.

    Can I contest this on the basis that it is incorrect?

    If the garda stopped you at 18.40 you were stationary and not speeding so the offence occurred prior.

    Should you contest the charge your charge would be worded "at approx 6.35pm the accused was speeding."

    However should you wish to contest the charge you should seek proper legal advice.


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    #4
    lachin
    Registered Users Posts: 249 ✭✭lachin


    Zambia wrote: »
    If the garda stopped you at 18.40 you were stationary and not speeding so the offence occurred prior.

    Should you contest the charge your charge would be worded "at approx 6.35pm the accused was speeding."

    However should you wish to contest the charge you should seek proper legal advice.


    I understand what you are saying but my point is I wasn't speeding at 16.35, I wasn't even in my car or that area at the time!

    The speeding offence occurred at 18.40 , yet the notice I received states I was speeding at 16.35. Incorrect!


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    #5
    Zambia
    Closed Accounts Posts: 7,333 ✭✭✭Zambia


    lachin wrote: »
    I understand what you are saying but my point is I wasn't speeding at 16.35, I wasn't even in my car or that area at the time!

    The speeding offence occurred at 18.40 , yet the notice I received states I was speeding at 16.35. Incorrect!

    My bad I read that wrong. Chances are the charge would have the correct time.

    It's up to you my opinion would be that the garda would claim a clerical error and proceed.

    Like I said talk to a legal practitioner.


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    #6
    source
    Registered Users Posts: 5,269 ✭✭✭source


    lachin wrote: »
    I understand what you are saying but my point is I wasn't speeding at 16.35, I wasn't even in my car or that area at the time!

    The speeding offence occurred at 18.40 , yet the notice I received states I was speeding at 16.35. Incorrect!

    It's a typo, typos can be and usually are amended, on summonses and fixed charge notices.

    By contesting it you would only be delaying the inevitable.


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    #7
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    In the past, summonses have been dismissed for various reasons, to include lack of jurisdiction, complaints not being made on time, or issues prejudicing the defendant.

    Otherwise, District Judges have often used their power to amend summonses to correct minor details that need to be changed.


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    #8
    Tzardine
    Registered Users Posts: 3,884 ✭✭✭Tzardine


    Sounds like the Garda made a typing mistake by entering 1635 instead of 1835.

    Would be a risky strategy letting it go to court. I would say your chances of a strike out would be little to none. There is always a change that the Garda might not show but IMO its not worth the risk at all.

    You admit you were caught fair and square. I would pay the €80 and take the points TBH. Not worth the stress.


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