Ticket for talking on the phone

Homer

So... Approx two weeks ago I get pulled over for talking on my mobile whilst driving (stupid I know but it was early in the morning and I hadn't paired the phone with my bluetooth kit yet!)
I was on the M50 in heavy traffic too?!
Guard gets out and writes down my reg, asks to see my licence, etc. and says right so I won't keep you.. Off he goes!
This morning ticket in the post fine and 2 penalty points :mad:
Two questions...
1. He didn't say anything to me that morning that he would be issuing me with a ticket?? Is that normal?
2. He obviously wrote my registration down wrong and so on the ticket the county is wrong. "ww" on the ticket instead of "kk"?

Where do I stand?

All help appreciated. (Particularly from any guards lurking in the forum!)

craichoe

Go to the post office and pay the fine, you broke the law, doesn't matter how slow the traffic was moving, you were still in control of the vehicle with the engine switched on.

I don't think looking to get off on some technicality when you were clearly in the wrong is going to get you off.

tuxy

I don't know about that craichoe , if the reg is wrong on the ticket he might have a case.

OldmanMondeo

tuxy wrote:

I don't know about that craichoe , if the reg is wrong on the ticket he might have a case.

If the reg was wrong, how did he get the ticket in the post? Surley the owner of the incorrect registered car would get the ticket.

To the OP, I think you talking BS, your phone can be setup to automatically pair with the Bluetooth kit, If you don't know how to, why wait until you are driving to pair them? Pay the fine and take the points.

Drax

Boards Motors forum should be renamed to 'Technicalities R' Us'.

Just pay the damn fine and stop using your phone in the car. :rolleyes:

egan007

You were caught, JEEEEEZ pay the fine live with it.

mik_da_man

Go to court - It will most likley be thrown out due to the incorrect licence number

Mik

egan007

mik_da_man wrote:

Go to court - It will most likley be thrown out due to the incorrect licence number

Mik

But he was in the wrong...Take it like a man.

Your honor - Sure I was breaking the law and was caught red handed fair and square.
But look - the Guard was in a hurry and scribbled.

Anan1

egan007 wrote:

But he was in the wrong...Take it like a man.

Your honor - Sure I was breaking the law and was caught red handed fair and square.
But look - the Guard was in a hurry and scribbled.

The Guard was charging a member of the public with an offence. Scribbling is not acceptable.

Drax

mik_da_man wrote:

Go to court - It will most likley be thrown out due to the incorrect licence number

Yea... good man Mik.
Ever think about taking up a career in the legal profession?

Anan1

Drax wrote:

Yea... good man Mik.
Ever think about taking up a career in the legal profession?

?? He's right.

mik_da_man

Thanks!
I have seen loads of these being thrown out because of simple mistakes like that
If it was me I would go to court

egan007

Anan1 wrote:

The Guard was charging a member of the public with an offence. Scribbling is not acceptable.

And Doctors? Their scribbling should not be acceptable?

That's the worst argument I ever heard for anything.... ever.....

Anan1

egan007 wrote:

And Doctors? Their scribbling should not be acceptable?

That's the worst argument I ever heard for anything.... ever.....

Perhaps you could explain to me why you feel it should be acceptable for a Guard to write illegibly when charging a member of the public with an offence?

Wossack

pay the fine, dont pay the fine

go to court, dont go to court

www.flipacoin.net

the amount of these threads is getting ridiculus... can the mods just start firing them into legal?

egan007

I don't need to - Clear writing is not a requirement to be a guard.
You are side stepping the point.

Both the Guard and the OP agree that the OP was in the wrong.
That's the point.

The ticket could be a typo by someone doing Data entry - as one possible explanation.
Anyway, the ticket was sent to the Licence holder for an offence the licence holdert comitted. The type car is irrelevant here.

Dancor

my bro in-law got a ticket sent to the wrong address (2 doors down) and the judge let him off with it because of this, so a minor technicality may get you off. but there is still no excuse for breaking the law on our already dangerous roads, just pay the fine and dont do it again.

Anan1

egan007 wrote:

I don't need to - Clear writing is not a requirement to be a guard.

You do - a Guard is required to write legibly when charging a member of the public with an offence.

egan007 wrote:

You are side stepping the point.

Both the Guard and the OP agree that the OP was in the wrong.
That's the point.

That's your point. Duly noted. The OP, however, wants to know where they stand legally.

egan007

Anan1 wrote:

You do - a Guard is required to write legibly when charging a member of the public with an offence.

That's your point. Duly noted. The OP, however, wants to know where they stand legally.

No the OP wants to squirm out of what he's Due.

Tell it like it is marge

blastman

Can we set up a forum for the painfully self-righteous and let them pontificate to their heart's content about who's horse is highest?

Anan1

egan007 wrote:

No the OP wants to squirm out of what he's Due.

Tell it like it is marge

With respect, your opinions on the morality of the situation are of no consequence. The OP wants to know whether the case would be thrown out in court, that's all.

peadair 11

If there is a chance of getting away with it - go for it. Its not your fault the Guard was Dyslexic and took a 7/8 Digit number down wrong. . The OP was in traffic - He wasnt speeding through the city while talking on the phone and plucking his eyebrows with the other hand. Its a minor offence - If you can get out of it go for it. .
Jebas, you'se all make me want to VOMIT (get down of that High Horse)

homah_7ft

peadair 11 wrote:

The OP was in traffic - He wasnt speeding through the city while talking on the phone and plucking his eyebrows with the other hand. Its a minor offence - If you can get out of it go for it. .
Jebas, you'se all make me want to VOMIT (get down of that High Horse)

How do you know this? The OP is hardly going to come on here and say I was doing something dangerous but there was a typo with the documentation how do I get away with it.

peadair 11

homah_7ft wrote:

How do you know this?.

We dont but The OP wanted to here if he could get away with the typo and not if he was right or wrong to drive whilst on his phone. How do we know if any of the threads/posts are true we dont - Take their word for it

daedalus2097

Hold on here... Yes it's dangerous in any kind of traffic, slow or fast moving, but there are far more dangerous things that people do day in, day out. I think there's a good chance it'll get thrown out if you challenge it, and why wouldn't anyone try? It's only human nature. I never have the phone in my hand in the car, use hands free all the time. I don't buy for a second the bit about it being early and not having a chance to pair it up with your phone - you were on the M50, it's hardly the street you live on now is it? Meaning you've been driving for at least a few minutes. It's wrong, and you already knew it was wrong. Getting points and a fine isn't going to deter you from doing it again - it'll only make you hate the Gardaí/the system more, so why not try to get away with it.

/me adds this thread to the list of threads hijacked by the morally perfect and righteous which he now ignores.

Homer

I did mention I was in pretty heavy traffic on the M50 at 9.00 in the morning.
And yes, I do know how to automatically pair my phone with my bluetooth kit but I don't have that set up.
It's not crime of the century and all the responses that I expected from the usual "mightier than thou" brigade are not helpful in any way.
I don't mind a fine, but 2 penalty points is frustrating for something so minor, given the circumstances and conditions "at the time".
My address on my licence was my old address and so he took the new address and then "scribbled" down the reg and was on his way!

Fey!

Surely this is more of a legal issue than a motoring issue. Can it be moved?

Mr. Presentable

industria wrote:

I did mention I was in pretty heavy traffic on the M50 at 9.00 in the morning.
And yes, I do know how to automatically pair my phone with my bluetooth kit but I don't have that set up.
It's not crime of the century and all the responses that I expected from the usual "mightier than thou" brigade are not helpful in any way.
I don't mind a fine, but 2 penalty points is frustrating for something so minor, given the circumstances and conditions "at the time".
My address on my licence was my old address and so he took the new address and then "scribbled" down the reg and was on his way!

I stand to be corrected on this, but does it make a distinction in the statutes between using a mobile while in control of a car when the road is busy and when it's quiet?

You have a chance of getting off if you go to court, just as you have a chance of getting four points instead of two. I know what I'd do......

calsatron

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

If it goes to court its double the points and up to 10 times the fine on conviction, a mechanism designed to discourage people from going to court to chance their arm.

Homer

calsatron wrote:

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

If it goes to court its double the points and up to 10 times the fine on conviction, a mechanism designed to discourage people from going to court to chance their arm.

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..

Wossack

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?

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