Speeding Ticket...grounds for appeal???

tyres

Any ideas as to where I might stand with regards the following:

Arrived home today to find 2nd speeding ticket in the space of 2 months waiting for me, first one was dated the beginnning of February and was given on the basis of doing 85kph in a 60kph zone. No issues with it, or so I thought, so paid 80 euro.

Second ticket came today, nabbed in exact same location as first one this time doing 69kph in 60kph zone. With a bit of further investigation into it I have discovered that location stated where I was caught on both occasions appears to be wrong.

For example, address stated on ticket is N63, Cloonreleagh, Moylough, Galway. After looking up Ordanance Survey Ireland website, that location is in a 100kph zone. There is a high chance that Cloonreleagh could stretch into neighbouring village Mountbellew, where a 60kph zone does exist and is where I was more than likely caught.

Thinking about appealing this on the grounds of a technicality, with regards to incorrect address, as I am steadily building a nice few points and raging to have been pulled for doing 9kph over the limit.

Have been told by local Gardai that appealing this would involve waiting for summons and then attend hearing to plead case...is this only option available to me?

Is this a viable grounds for appeal?

If it is viable, then is there any chance of getting points recinded for previous offence in same location?

Our man in Havana

Consult a solicitor.

Paulw

You have been given correct advice as to the procedure - wait for summons and argue your case in court.

You definitely should consult a solicitor before you do that though.

I'm not sure how well you'll do in court. Sounds like you knew that you were speeding and you were properly caught.

Our man in Havana

Good old vague locus defence.

Reloc8

meh...

you can pay the fine or wait for the summons.

Speeding tickets have been dismissed for less, equally better defences than yours have failed. If you wait for the summons and lose you can welcome yourself to 4 points as opposed to 2 if you pay.

Up to yourself.

MagicSean

Garda stations have very precise local maps with all the townlands. Are you willing to bet two points and an increased fine that yours is better than theirs?

Milk & Honey

The address on the summons is not to be taken as evidence offered that you committed the offence at that location. A summons is merely a device to get you into court. Note Order 38 of the District Court Rules.

"Variance between evidence and complaint
1. (1) Subject to the provisions of paragraph (3) hereof, in cases of summary jurisdiction no variance between the complaint and the evidence adduced in support thereof, as to the time at which the offence or cause of complaint is stated to have been committed or to have arisen, shall be deemed material, provided that such information or complaint was in fact made within the time limited by law for making the same; nor shall any variance between the complaint and the evidence adduced in support thereof, as to the place in which the offence or cause of complaint is stated to have been committed or to have arisen, be deemed material, provided that the said offence or cause of complaint was committed or arose within the jurisdiction of the Judge by whom the case is being heard, or that, the accused resides or in the case of an offence was arrested within such jurisdiction. In any such case the Court may amend the summons, warrant or other document by which the proceedings were originated and proceed to hear and determine the matter."

friday one

Hi, I recently got a speed ticket from a "gosafe" van recended. To be honest it was dubious grounds on my part but I imagine they were afraid if it went to court and I was found to be correct that they might have to invalidate hundreds of others issued on the road.

The first few emails I was told I would need to go to court. They always do this. I sent a few more regular emails asking for clarification etc... Eventually they realised I wouldn't go away and that they may have to go to court with someone who had a paper trail. They can find easier ways to make €80

Thats 4 parking tickets and 1 "speed ticket" that Ive got recended. It's easy (def the parking tickets) if you've a little knowledge and a lot of persistance.

coylemj

It's a gamble not worth taking in my opinion. If they put the same address on the summons and get you into court, the judge will listen to you/your solicitor's submission and he will just alter the name of the location on the court record, you will be fined and get 4 points.

Going into court and arguing about where a particular townland ends and a village begins will get the judge's dander up big time, get him on a bad day and you could get a seriously hefty fine, especially if the Garda tells him that you already have two points from a speeding ticket picked up at around the same time.

Pay the ticket and slow down.

Our man in Havana

coylemj wrote: »

It's a gamble not worth taking in my opinion. If they put the same address on the summons and get you into court, the judge will listen to you/your solicitor's submission and he will just alter the name of the location on the court record, you will be fined and get 4 points.

Going into court and arguing about where a particular townland ends and a village begins will get the judge's dander up big time, get him on a bad day and you could get a seriously hefty fine, especially if the Garda tells him that you already have two points from a speeding ticket picked up at around the same time.

Pay the ticket and slow down.

This is why appellate courts exist.

friday one

coylemj wrote: »

It's a gamble not worth taking in my opinion. If they put the same address on the summons and get you into court, the judge will listen to you/your solicitor's submission and he will just alter the name of the location on the court record, you will be fined and get 4 points.

Going into court and arguing about where a particular townland ends and a village begins will get the judge's dander up big time, get him on a bad day and you could get a seriously hefty fine, especially if the Garda tells him that you already have two points from a speeding ticket picked up at around the same time.

Pay the ticket and slow down.

Wasn't a gamble on my part, it was all within the 28 days. They are actually very efficent in returning emails and phone calls. Tbh I was about to pay it when I got the email telling me that they were withdrawing it.

cherni99

friday one wrote: »

Hi, I recently got a speed ticket from a "gosafe" van recended. To be honest it was dubious grounds on my part but I imagine they were afraid if it went to court and I was found to be correct that they might have to invalidate hundreds of others issued on the road.

The first few emails I was told I would need to go to court. They always do this. I sent a few more regular emails asking for clarification etc... Eventually they realised I wouldn't go away and that they may have to go to court with someone who had a paper trail. They can find easier ways to make €80

Thats 4 parking tickets and 1 "speed ticket" that Ive got recended. It's easy (def the parking tickets) if you've a little knowledge and a lot of persistance.

Hey friday one, exactly the same thing happened to me, the address on the fixed fine is "...in a public please at N3, GARRETSTOWN, DUNBOYNE, MEATH". The address is actually Dunshaughlin not Dunboyne. I know I'm chancing my arm but I am going to email them anyway! Who did you email??? npo@garda.ie? Also, how did you word it because I dont want to admit where I was caught...catch 22!?!?!

spurs1961

Fight it with a solicitor and check that no special speed limit is in force with local authority

friday one

cherni99 wrote: »

Hey friday one, exactly the same thing happened to me, the address on the fixed fine is "...in a public please at N3, GARRETSTOWN, DUNBOYNE, MEATH". The address is actually Dunshaughlin not Dunboyne. I know I'm chancing my arm but I am going to email them anyway! Who did you email??? npo@garda.ie? Also, how did you word it because I dont want to admit where I was caught...catch 22!?!?!

Hi, email was the npo one. Wasn't for wrong townland on my part, I appealed because I claimed that the sign was slightly obscured by a tree branch. It was very dubious especially as I was going from a 50 to a 60 and was caught doing 70. And the sign on the other side was clear as day.

This seemed to make little difference until I asked for the name of the individual that had looked at my picture and decided the sign was not obscured. When this wasn't being given I asked for the name of there freedom of information officer as I said I wanted the name of the person who was going to waste both my time and the judges before I got to court.

Although I was in no way morally correct, I was legally correct.

Btw, what is all this get a solicitor stuff on this forum? I'm new is it an in joke or is some people seriously suggesting paying a solicitor legal fees for this kinda stuff?

Zambia

Just because they did not contest you does not make you legally correct. I dont think your branch defence would have saved you in the case of a accident investigation.

Bartron

Tyres, I got a notice also saying I was caught doing 87kph in a 60 kph zone at Cloonrelagh, Moylough about 2 weeks ago. I checked google maps and saw Cloonreleagh is actually the 100kph area between Moylough and Mountbellew. I emailed npo@garda.ie querying where exactly I was nabbed, in a very polite short e-mail, just to know where they had been hiding and I had an e-mail back within the hour saying that it was a system error and the notice was being terminated. Happy days, it never hurts to inquire.