Address miss spelt on speeding fine notification

menance

Hi,

Can someone advise me please.

I recieved a speeding fine notification recently for exceeding the speed limit on a motorway.

The thing is that one line of my address was completely miss spelt.

I may be wrong, but I recall hearing that you can avoid paying the fine and incurring the 2 penalty points if your name or address is spelt wrong? i.e. it would be thrown out of court on a technicality...

Or does this relate to a summons??

Can anyone advise me as to the loop hole, if there is one??

Here's hoping...

Bard

If I were you I'd take proper legal advice (i.e.: from a solicitor) before deciding not to pay the fine. Surely the speeding fine letter names you as more than just Mister/Mrs. Whoever at whatever mis-spelled address... surely it also names you as the registered owner of a specific vehicle (registration number, etc. etc.)... in other words, does it not beyond reasonable doubt, mis-spelled address aside, specifically identify YOU as the person who broke the law and is therefore incurring the fine?

electro.ie

Pay the fine, sought legal advice on your behalf (Girlfriend's a barrister)
Misspelling the address is a technicality from which you will reap no benefits other than piss of the judge. It would be amended by the court on the spot.

Our man in Havana

Deny receiving the fine. Case can be dismissed as there is no way of proving you ever got it in the first place.

electro.ie

yes, and suffer a bench warrant, That opens up a pandora's box of sh1t. Pay the fine. Administrative errors do not dismiss cases

Our man in Havana

Well I have never heard of a bench warrant for speeding, The not received orignal notice has been upheld as a defence sucessfully.

electro.ie

really Bond, what happens when a fine isnt paid, summons is issued and if accused doesn't turn up then what? ah well sure feck it try him on his mobile, see when's best for him! As regards the "The not received orignal notice has been upheld as a defence sucessfully" not a hope. Things are a lot different on circuit than in the classroom. Where are you getting this rubbish from?

menance take my advice, pay it. I know what Im talking about.

think about it. you're risking going to court over an error in your address.

Rabies

Easy electro.

I'm sure I heard something about people denying receiving the speeding fine and the summons, and then gettting away with it in court. Nothing could be proved.

I would still agree with you on paying the fine. It is't much and saves a lot of hassle.

Our man in Havana

http://www.rte.ie/news/2006/1123/motoring.html

gilroyb

Here's a strange idea; you were speeding, you were caught for speeding, why not be a man (or woman) about it and just take your punishment?

Our man in Havana

gilroyb wrote:

Here's a strange idea; you were speeding, you were caught for speeding, why not be a man (or woman) about it and just take your punishment?

A person is entitled to use the legal system to his/her advantage there is nothing wrong with that.

If you have nothing constructive to add please don't post here. I am sure there is a ethics/high moral ground forum you can post your high and mighty stuff in.

cast_iron

In fairness Bond, while we have the right to use the legal system as we are allowed, you are quite simply advising the OP to break the law.

Hardly great advice for anyone?

Our man in Havana

Point taken. It is posters like gilroyb that annoy me.

gilroyb

And it's people who don't take responsibility for their actions that annoy me. Those who approach the law purely as a plaything make it harder for those who are charged with offences of which they are innocent to get the result they deserve. The opening poster knows they broke the law and they know they were caught. People here are advising turning up in court and suggesting that they didn't receive the notification. Advocates are entitled to only give one side of the argument in court, but encouraging the defendant themself to not only present one side of an argument but to lie is a different matter. If you see my dislike of perjury as me standing on the "moral high ground", your starting moral standing must be quite low indeed.

Jo King

If you receive a summons and then turn up in court your appearance is deemed to cure any defect in the summons. If you do not turn up the District Court can and most likely convict you in your absence. One Judge in the Dublin area is in the habit of imposing a fine of EUR800 and banning the accused from driving for a period. the first the individual learns of it is when they are contacted by the Garda seeking payment of the fine. The only remedy is an appeal to the Circuit Court. The courts have a discretion to amend a summons if asked to do so.
You can take your chances on saying that you did not get the notice. Some judges will accept it, some will not. It is of course a criminal offence to tell a lie on oath. You might be able to ask the Guard to confirm the address to which the notice was sent and then use the different spelling to try and persuade the Judge that the notice did not reach you. It is all down to the individual judge whether you eventually get off. At the very least you nwill have to go to court and hang around for maybe half a day. At worst you will end up with more penalty points and a bigger fine.

haz

Bond-007 wrote:

A person is entitled to use the legal system to his/her advantage there is nothing wrong with that.

There is something wrong with knowingly exploiting the legal system to evade punishment for offending. It is immoral.

jhegarty

haz wrote:

There is something wrong with knowingly exploiting the legal system to evade punishment for offending. It is immoral.

I take it your will be going the station to tell them about that time you went 1kph over the speed limit ?

hullaballoo

By this stage, everyone should have read the charter and having done so, they should know that legal advice cannot be sought or given on this forum.

If you haven't read the charter, please do so now. I don't want to have to password this forum to keep muppets in check, but I will if that's what it takes.

Thanks,
hullaballoo.

rediguana

gilroyb wrote:

Here's a strange idea; you were speeding, you were caught for speeding, why not be a man (or woman) about it and just take your punishment?

This isn't the issue at hand. Obviously he wants to get away with it, and why wouldn't he? Stop breaking his balls, Little Miss Sanctimonious

Trojan911

gilroyb wrote:

And it's people who don't take responsibility for their actions that annoy me. Those who approach the law purely as a plaything make it harder for those who are charged with offences of which they are innocent to get the result they deserve.

Bond-007 wrote:

A person is entitled to use the legal system to his/her advantage there is nothing wrong with that.

I agree with you both. As much as it annoys me to see someone guilty fighting the system even though they are as guilty as sin it also annoys me that they get off on a technicality for fighting the system when they are guilty. Thats what makes the law an ass in my opinion.

TJ911...

Victor

menance wrote:

The thing is that one line of my address was completely miss spelt.

But was accurate enough to get to you?

Who gave them this misspelt address? Did you? I presume they got the address from the vehicle registration file.

kelle

Bond-007 wrote:

A person is entitled to use the legal system to his/her advantage there is nothing wrong with that.

My late father had to keep his mouth shut whenever it was on the news about criminals getting off, or getting lighter sentences, due to technicalities - because years ago he was caught driving without insurance, but he got off because the Garda who caught him wrote the wrong date in his statement!