Speeding Fine Wrong Date of Offence

Rackstar

I got a fine in the post and notification of 2 penalty points for speeding. The guard pulled me over and showed me the gun etc. I was just about to pay the fine when I read the "Alleged Offence" section. All details in this section are correct apart from the date of the offence. Its over 3 weeks out!!!

Does anyone have any thoughts on this? Should I just get on with it and pay the fine or should I challenge it somehow? And if I should challenge it, how would I go about doing so??

Thanks
Rackstar

seanybiker

if the dates wrong then your should get off with it somehow. I know me mate went to court for dangerous driving or something like that and the guard was one day out on the actual date. So it got throw out.

PeakOutput

you did the crime pay the fine

if it was a more serious offence and someone got off on a technicality like this there would be uproar on these forums

martinr5232

PeakOutput wrote: »

you did the crime pay the fine

if it was a more serious offence and someone got off on a technicality like this there would be uproar on these forums

Fu*k that if the guard cant get the date right he should get a slap on the wrist its not the ops fault.

Maybe this way the guard wont get such a triviel thing wrong when it is a serious offence.

Rackstar

Like I said I was just going to pay the fine. The date mistake does mean that I will have the points on my license for 23 days more than I should have them!! They are my first points and I don't plan on getting any more but they will be there for nearly a month longer than they should because of the guards mistake!!!

Rackstar

martinr5232 wrote: »

Fu*k that if the guard cant get the date right he should get a slap on the wrist its not the ops fault.

Maybe this way the guard wont get such a triviel thing wrong when it is a serious offence.

Very good point.

mickdw

Wait for a reminder in the post. See what date that has on it. Do not pay this. Its not your problem. Judge would give the gaurd a telling off this kind of mistake.

testicle

PeakOutput wrote: »

you did the crime pay the fine

if it was a more serious offence and someone got off on a technicality like this there would be uproar on these forums

There may be uproar, but they would still get off.

Rackstar

mickdw wrote: »

Wait for a reminder in the post. See what date that has on it. Do not pay this. Its not your problem. Judge would give the gaurd a telling off this kind of mistake.

I'll wait and see!! Fingers crossed! Haha

Seth Brundle

If the name is slightly off the judge can have it amended. I don't see why then they can't amend the date of the offence!

Rackstar

kbannon wrote: »

If the name is slightly off the judge can have it amended. I don't see why then they can't amend the date of the offence!

Yeah! I'm sure I'll end up having to pay it!!!

My brothers friend is a solicitor, might give him a shout tomorrow and see what he thinks!

testicle

kbannon wrote: »

If the name is slightly off the judge can have it amended. I don't see why then they can't amend the date of the offence!

They struck out mine because of an error in the address.

I have seen mentions of summons being changed by Judges here several times, but have yet to see it mentioned in any newspapers, or court reports.

mukki

oh my god the guard got the date wrong, he could have caused an accident.

Whitewater-AGS

testicle wrote: »

They struck out mine because of an error in the address.

I have seen mentions of summons being changed by Judges here several times, but have yet to see it mentioned in any newspapers, or court reports.

Why would you hear about it? Its a minor thing summons/charges are amended everyday in court. Its really up to the op what he does but, he could face double the fine and points if his challenge fails.

Fey!

OP; are you absolutely definite that the summons you received actually related to the day you were stopped, or could it be a second offence?

Any chance you know where you were on the time/date stated on the summons, and if you can prove you were there (meetings/cctv) or that your car was elsewhere?

Rackstar

Fey! wrote: »

OP; are you absolutely definite that the summons you received actually related to the day you were stopped, or could it be a second offence?

Any chance you know where you were on the time/date stated on the summons, and if you can prove you were there (meetings/cctv) or that your car was elsewhere?

Yeah 100% sure. Its the same speed and I have only been in that area once in the last few months! Yeah, I know where I was on the time / date alright. I was out with a customer in Newbridge. I checked my calendar

Chris Peak

Rackstar wrote: »

Yeah 100% sure. Its the same speed and I have only been in that area once in the last few months! Yeah, I know where I was on the time / date alright. I was out with a customer in Newbridge. I checked my calendar

Well then you've got nothing to worry about then. Did you sign anything at the scene?
It's different to a misspelled name, which a Judge can allow for and proceed with the case.

Rackstar

Chris Peak wrote: »

Well then you've got nothing to worry about then. Did you sign anything at the scene?
It's different to a misspelled name, which a Judge can allow for and proceed with the case.

No! Nothing was signed. Thinking about it the guard actually told me I'd be getting a fine for wearing no seat belt at the end! I had taken my seat belt off to get my license, he quickly corrected his mistake. I found it funny though!

sdanseo

If you go to court and have it thrown out it might still look bad later, and you risk 4 points and a heftier (€300?) fine. If you know you did the crime, do the time and pay it.

Chris Peak

sdonn_1 wrote: »

If you go to court and have it thrown out it might still look bad later, and you risk 4 points and a heftier (€300?) fine. If you know you did the crime, do the time and pay it.

No it won't. As he didn't commit the alleged offense on that date, he must be innocent of all charges.
The cop may have been tired or distracted by something else. Either way it's his mistake.

How far over the speed limit were you?

DanGerMus

Are you sure the date of the offence is stated wrong and not just the date that the points go on. The points don't go from the date of the offence they go from the time it was finally processed(or something) **** but true.

djtechnics1210

Best bet is talk to a solicitor, after all they will be the one representing you in court, not someone from here.
Id be very sure though that the ticket error is not the fault of the garda fines offices.

If date in gardas official notebook is correct he can just get ticket re issued to you with correct date on it or explain the circumstances in court and submit his notebook to the court as evidence and leave decision upto judge.

What speed were you ticketed for?????

Rackstar

I was 13km/h over the limit. Going to talk to a solicitor tomorrow.

It might just be less hassle to pay it and forget about it though!!!!

Rackstar

DanGerMus wrote: »

Are you sure the date of the offence is stated wrong and not just the date that the points go on. The points don't go from the date of the offence they go from the time it was finally processed(or something) **** but true.

Yes I'm sure. It has the date in the alleged offence section along with where it took place.

Saab Ed

My guess is if you end up in court you'll be alone. Guard wont turn up and will have wasted your day. F**k sake ,if the Guard cant get the date right......Lucky it wasnt a real guard like this one



Now these guys are making a safer Ireland.