Garda documentation error

jackieo2008

Just want to get opinions on a situation we are arguing here regarding a recent run in with the law over motoring offences.
The main question is do all documents pertaining to a particular incident issued by the Gardai have to be 100% correct?
The background to this issue is that a while back my friend had his car siezed by the Gardaí. He produced all docs and paid the fines at the station and reclaimed his car. There were two issues with this. Firstly, a receipt was issued relating to the payment of impound fee and the garda named on the receipt as seizing the car is incorrect. Secondly, the private impound lot where the car was held did not get him to sign his car out or produce docs from the Gardaí stating that the car should be released (in fact, when he rang to get directions, the guys working there were on their way home, so parked the car out on the road and left the keys on the wheel for him to collect!).
He is definately going to get a court appearance for the related offence as it was for having no tax or insurance. He thinks that the two discrepancies above means that he will get off. I reckon they are unrelated to the actual offence so will be disregarded in court.
Any opinions?

445279.ie

The Garda will just make an application to the Judge to amend the documents if there is an error so chances are you friend won't get off.

jackieo2008

DCC160 wrote: »

The Garda will just make an application to the Judge to amend the documents if there is an error so chances are you friend won't get off.

Surely they would have to recognise the mistake first? If they have issued this with errors and don't know about it, how can they apply to have it changed?

Our man in Havana

They have to recognise the mistake prior to entering any evidence. If they enter the evidence as is you can challenge the veracity of said evidence.

If they have spotted the mistake prior to the Garda giving evidence the judge will allow them to have the details changed.

jackieo2008

Bond-007 wrote: »

They have to recognise the mistake prior to entering any evidence. If they enter the evidence as is you can challenge the veracity of said evidence.

If they have spotted the mistake prior to the Garda giving evidence the judge will allow them to have the details changed.

My point to him is that it is unrelated, so won't be evidentiary. Surely and an incorrect name on a receipt has nohing to do with the fact that he was driving without tax and insurance?

Our man in Havana

Indeed. There is not a chance he will get off.

marblecity

The two are totally unrelated.

The Gardai are entitled to sieze the vehicle under The Road Traffic Act 1961.

Seperate legislation under the same act allows them to issue a summons for this. He will not get off.

If he feels so compelled he could take a seperate case of negligence and argue that due care was not afforded to his vehicle while in Garda possesion. I would reserve this card and see if they issue proceedings first

jackieo2008

jackieo2008 wrote: »

Just want to get opinions on a situation we are arguing here regarding a recent run in with the law over motoring offences.
The main question is do all documents pertaining to a particular incident issued by the Gardai have to be 100% correct?
The background to this issue is that a while back my friend had his car siezed by the Gardaí. He produced all docs and paid the fines at the station and reclaimed his car. There were two issues with this. Firstly, a receipt was issued relating to the payment of impound fee and the garda named on the receipt as seizing the car is incorrect. Secondly, the private impound lot where the car was held did not get him to sign his car out or produce docs from the Gardaí stating that the car should be released (in fact, when he rang to get directions, the guys working there were on their way home, so parked the car out on the road and left the keys on the wheel for him to collect!).
He is definately going to get a court appearance for the related offence as it was for having no tax or insurance. He thinks that the two discrepancies above means that he will get off. I reckon they are unrelated to the actual offence so will be disregarded in court.
Any opinions?

The saga continues.....my friend has since been issued with a summons. He never signed for it, the Garda just handed in to him in his house and left it with him without getting him to sign for it. It has his name spelled incorrectly and has a date that is nearly three weeks ago. Any comments on any of this? Does a summons have to be signed for? Does it have to be served within a certain time frame? Does the persons name have to be spelled correctly?

BJC

Tell him to stop bothering with petty semantics and take the punishment he deserves.

peekaboo77

BJC wrote: »

Tell him to stop bothering with petty semantics and take the punishment he deserves.

I have already - believe me!

Milk & Honey

A summons can properly be served by handing it over.It does not have to be signed for. The garda will give evidence that it was served personally. Once the Guard gives evidence that the defendant was using a vehicle in a public place at a particular time and that he made a lawful demand of the defendant to produce a certificate of insurance or exemption then the burden of proving insurance at the relevant time shifts to the defendant. What went on a the car pound is irrelevant. There might be other defences available however. A good solicitor might help.