Garda Misspelling

Cill2663

Is a Garda report null and void if the offender's name is misspelt on the report?

Case in example: Offender is stopped for speeding, gives Garda his license, from which the Garda takes offender's details, and explains that the offender will get a fine and penalty points. 1/2 a week later, offender recieves a letter with a significantly misspelt spelling of his name which turns out to be the fine. Is the fine valid?

Robbo

Not only is it invalid, but the Garda has to give you his hat for a pregnant woman to pee into.

Seriously, if you ignore it, you'll be summonsed. Try to tell the District Justice that your name is wrong and he'll most likely amend it on the spot and you'll now have the bigger fine and points.

MagicSean

It's important that you also report it to the teacher.

charlemont

Cill2663 wrote: »

Is a Garda report null and void if the offender's name is misspelt on the report?

Case in example: Offender is stopped for speeding, gives Garda his license, from which the Garda takes offender's details, and explains that the offender will get a fine and penalty points. 1/2 a week later, offender recieves a letter with a significantly misspelt spelling of his name which turns out to be the fine. Is the fine valid?

For instance if your name is really John O' Brien and you get a summons for John Brien.....

This is what you do
1.. Attend court
2.. When the name John Brien is called do nothing, Judge should repeat name and then you should raise your hand and say innocently I'm actually John O' Brien and more than likely the case will be thrown out..


It happened a friend of mine and his case was dismissed.

Sorry I took it that a summons was issued, As its penalty points you would be better off paying it.

angeline

It's not that easy to get off. All the guard has to is amend it in court if you don't pay the fine in which case you'll get double the points.

Cill2663

Robbo wrote: »

Not only is it invalid, but the Garda has to give you his hat for a pregnant woman to pee into.

Seriously, if you ignore it, you'll be summonsed. Try to tell the District Justice that your name is wrong and he'll most likely amend it on the spot and you'll now have the bigger fine and points.

Cheers, this is what I assumed, but was told by a solicitor to go to the reporting Garda station with a copy and demand it made null in void or threaten legal action, (although I don't really know under what grounds). I prefer your advice.

neiphin

charlemont wrote: »

Sorry I took it that a summons was issued, As its penalty points you would be better off paying it.

no you would not be better paying
this is one that you can and should win

Finnbar01

Cill2663 wrote: »

Cheers, this is what I assumed, but was told by a solicitor to go to the reporting Garda station with a copy and demand it made null in void or threaten legal action, (although I don't really know under what grounds). I prefer your advice.

Why doesn't your solicitor do that?

MagicSean

Cill2663 wrote: »

Cheers, this is what I assumed, but was told by a solicitor to go to the reporting Garda station with a copy and demand it made null in void or threaten legal action, (although I don't really know under what grounds). I prefer your advice.

Are you sure that was a real solicitor? The Garda can just cancel it and reissue in the correct name. That's actually the course of action that is least likely to get you off.

BrianD

Cill2663 wrote: »

Cheers, this is what I assumed, but was told by a solicitor to go to the reporting Garda station with a copy and demand it made null in void or threaten legal action, (although I don't really know under what grounds). I prefer your advice.

One would have to question the quality of some solicitors if that's the best advice that they can give you. If he/she's telling you to make a fool of yourself, he/she should at least give you the legal advice required to back you up.

A reasonable person and a judge would expect the possibility of a spelling error for details taken on the side of a highway.

Delancey

I marvel at the ' straw clutching ' we see on this forum.

dax121

angeline wrote: »

It's not that easy to get off. All the guard has to is amend it in court if you don't pay the fine in which case you'll get double the points.

dont pay the fine. go to court say nothing to the guard about him misspelling ur name. when the judge calls ur case it can be said that the fine was made out to the wrong person due to this wrong spelling. ive heard to judge's throwing out such cases due to things like this.
but if u say it before ur case is called the guard can get it amended and you will get done for ir. so keep it quiet untill ur called

MagicSean

dax121 wrote: »

dont pay the fine. go to court say nothing to the guard about him misspelling ur name. when the judge calls ur case it can be said that the fine was made out to the wrong person due to this wrong spelling. ive heard to judge's throwing out such cases due to things like this.
but if u say it before ur case is called the guard can get it amended and you will get done for ir. so keep it quiet untill ur called

I've seen a judge convict a person for double yellows even though the wrong reg plate was on the summons and the Garda didn't know the correct one.

It's hit and miss really.

nuac

Cill2663
The solicitor who advised legal action over an error in spelling defendants name is mastaken ( to put it mildly )

Unwise to threaten legal action against Garda over such a mistake.

Also unwise to rely on the error as guaranteeing a dismiss.

see a solicitor practising in that court.

Do not try to be smart or legalistic with Gardai - doesn't work out.

Contra Proferentem

Delancey wrote: »

I marvel at the ' straw clutching ' we see on this forum.

I blame the American legal dramas and their promotion of technicalities as a way of avoiding something.

As I understand it, it could be amended if necessary. In the end of the day, pay the fine and learn the hard lesson that accompanies it. If you do that, then you're not likely to ever have to deal with something like this again as you'll know how to avoid it.

It's not like people don't get fair warning of the law.

jblack

Some of these responses are seriously dangerous.

If you are one for taking advice from forums then my suggestion would be to become a freeman - then you'll never have to obey the law again...

TylerIE

dax121 wrote: »

dont pay the fine. go to court say nothing to the guard about him misspelling ur name. when the judge calls ur case it can be said that the fine was made out to the wrong person due to this wrong spelling. ive heard to judge's throwing out such cases due to things like this.
but if u say it before ur case is called the guard can get it amended and you will get done for ir. so keep it quiet untill ur called

OP If you pay it now your fine is €80 and two points.

If you go to court and the judge decides to proceed with an amended summons (most likely outcome) you will have a much higher fine and most likely four points.

The above advice applies if you dont value or need your driving licence, and are working and earning an income that gives you €200 - €400 of money that your willing to donate to the court service.

I think ya realise that but just in case you did feel the above poster is right.
If you do have an issue with the wrong name, you can ask the guard in question to cancel the existing ticket, but they will probably just reissue one with your correct name.