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This is not a provissional licence question

  • 20-08-2008 5:36pm
    #1
    Closed Accounts Posts: 10


    In August 06 my girlfriend was stopped on the M50 on a provisional and not with a full licence holder. I was with her at the time, she was all worried about it and I said it was a nothing offense and not to worry about it.
    Anyway, about April 07 I was at home by myself and there was a knock at the door. It was the police with a summons.
    Now this really did happen I am not bashing the police here, well except the one who issued the summons, as you will see now.

    The conversation went like this.
    G: (All puffed up) Is (incorrect surname, correct first name) there
    Me: No
    G: (Deflated) Oh. Eh, this is the right address?
    M: Yes
    G: Has anyone else lived here?
    M: No, we are first people to live here. (Its a new house) Just me and my girlfriend.

    Pause

    M: (Helping the guy out) My girlfriend (correct name) lives here.
    G: Thats her original name, she not married?
    M: Yes
    G: Does see own a car?
    M: No (this is true her car died soon after been caught)
    G: She ever own a car? Did you know what it was?
    M: No, a small one (also true)
    M: Whats this about (knowing what it was about)
    G: Oh nothing, just something that happen in Dublin.(We live in Co.Wicklow)

    Garda gives his name to me and asks that my girlfriend calls him.

    My questions:
    1) We both knew the name was wrong should he have given the summons to me anyway. Making it my and my girlfriends problem to sort.
    2) To the police on this forum, does this happen often and if it does how does it make you feel.
    3) Whats the procedure when this happens.

    If I was the garda that was talking to me I would be extremly annoyed, I was made to look like a fool and wasted my time.
    My opinion of the garda that stopped my girlfriend is that he is lazy(obviously took the 6 months to get the summons) and incompetent (cant get the most basic of details right, her name)

    I know this happened more than two years ago so it is long buried and that the garda incompetence worked out for her but still thats not really the point.

    I know this was a long post. So thanks for reading


Comments

  • Closed Accounts Posts: 651 ✭✭✭CLADA


    Questions for you first.

    " All puffed up " ?

    was he "out of breath" or "dressed in pink with a handbag?"


  • Closed Accounts Posts: 10 1979Bob


    Any serious questions?
    But I will answer anyway.
    I meant standing tall and chest out. I suppose as he should have been,oing his job. I mentioned it because you should have seen how he looked when he realised the summons was wrong. He was deflated. That was why I asked had this happened to other police. You doing your job you expect a certain level of competence from your collegues and in this case it didnt happen.


  • Closed Accounts Posts: 651 ✭✭✭CLADA


    Did he tell you he had a summons?

    From what you are saying he appeared to be trying to ascertain some more info.

    When you asked what it was about, he avoided telling you exactly.


  • Closed Accounts Posts: 2,357 ✭✭✭Eru


    Bob,
    He could have applied for the summons that very day, its the court system that issues them and the entire system takes time. Its a small point and I dont want to jump down your throat because you have been polite but please now the facts before pointing a finger.

    As for the details, seems strange allright but I would say it happens on occasion. Personally I check the registered owners details which would have sorted out any mistakes with the name. Thats becoming more and more necessary as some of the names out there now I cant even pronounce :D

    As for his stance, etc. From what you described he seemed perfectly polite and friendly and most summons officers are experienced, I doubt very much he had an attitude or felt the need to push his own image. Who knows, maybe he just stands like that

    Add: Actually I dont agree its a nothing offence, learners on the M50 etc cause accidents and traffic jams.


  • Closed Accounts Posts: 10 1979Bob


    Clada. Yes it was a summons, I could see it in his hand. I was reading it upsidedown, but it was a summons.
    Karlito. He was polite about it. I metioned how he acted at the start because he was made to look foolish because of someone elses mistake. And I wanted to know how other police felt about that.
    Anyway, after getting legal advice, my girlfriend has a lot of solictor friends, she called the station. She was told he was busy and would call her back, he never did. I believe this garda believed me about the name and my girlfriend after calling the station and could not have been bothered chasing up after other peoples mess, as I would have.

    What is normally done in situations like this?

    From my reading on this minor details can be corrected on the day in court, so should he have given me the summons. Would I have accepted it is another matter.


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  • Closed Accounts Posts: 2,357 ✭✭✭Eru


    1979Bob wrote: »
    Clada. Yes it was a summons, I could see it in his hand. I was reading it upsidedown, but it was a summons.
    Karlito. He was polite about it. I metioned how he acted at the start because he was made to look foolish because of someone elses mistake. And I wanted to know how other police felt about that.
    Anyway, after getting legal advice, my girlfriend has a lot of solictor friends, she called the station. She was told he was busy and would call her back, he never did. I believe this garda believed me about the name and my girlfriend after calling the station and could not have been bothered chasing up after other peoples mess, as I would have.

    What is normally done in situations like this?

    From my reading on this minor details can be corrected on the day in court, so should he have given me the summons. Would I have accepted it is another matter.

    My understanding is that a completely wrong name on a summons would render the summons useless regardless of the fact you freely admit it was your girlfriend. Minor mistakes that dont change the situation to any real degree can be amended on application to the judge such as minor typos in the summons wording or to change an amount. For example if 5 euro needs to be changed to 50 or a small spelling error in a name (Smith instead of Smyth).

    As for the Garda, its not his problem anymore. He tried to serve it and the person named on it doesnt live at the address so it goes back to the prosecuting Garda as un-served. Its then his baby to sort out


  • Registered Users, Registered Users 2 Posts: 2,314 ✭✭✭Marcus.Aurelius


    You were very cautious with your answers OP! You sound like a worthy adversary :D.

    Looks like his information was out of data on the summons. Regular occurence, am surprised he got so deflated when you gave him a bit of a runaround in a polite way.


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