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Wrong date of birth on district court Summons

  • 05-12-2012 4:31pm
    #1
    dees99
    Registered Users, Registered Users 2 Posts: 180 ✭✭


    Hi - I am facing a district court charge of being a passenger in a unauthorised taken vehicle. The car was loaned by the owner at a house party one night to drop somebody home. The car was subsequently crashed, was returned to the house with damage and the owner called the cops and told him the keys had been taken out of his pocket and that he wants to claim insurance.

    I have appeared in court twice already, i have not entered a plea yet and the judge has accepted juristriction in the district court.

    I just noticed last night that the date of birth is incorrect on the summons. Instead of the DOB saying 81 (year i was born) it says 82.

    I have no prior convictions!

    Does anybody know if i am i allowed in court to ask for the case to be dismissed because of this?

    Also if it was dismissed, would i be able to be re-summonsed for the same offense?

    Thanks for reading


Comments

  • #2
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Yep - tell the judge you're not co-operating and you want to see his oath while you're at it.

    If you don't have a solicitor at this stage you're exceptionally stupid.


  • #3
    dees99
    Registered Users, Registered Users 2 Posts: 180 ✭✭dees99


    Sorry i dont understand your statement (Procrastastudy)!!

    Im not incredibly stupid i do of course have a solicitor. Jeez!!


  • #4
    28064212
    Registered Users, Registered Users 2 Posts: 10,968 ✭✭✭✭28064212


    dees99 wrote: »
    Sorry i dont understand your statement (Procrastastudy)!!

    Im not incredibly stupid i do of course have a solicitor. Jeez!!
    Then why are you asking here? And no, you can't get your case dismissed because your birth-date was taken incorrectly

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  • #5
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    dees99 wrote: »
    Sorry i dont understand your statement (Procrastastudy)!!

    Im not incredibly stupid i do of course have a solicitor. Jeez!!

    Do you have his/her phone number?

    Have a read of the charter re loop holes. Do a search of the forum re summons


  • #6
    Predalien
    Closed Accounts Posts: 946 ✭✭✭Predalien


    Superficial defects can be remedied by the Judge and as you have appeared twice already the validity of the summons is highly unlikely to be questionable.


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  • #7
    Predalien
    Closed Accounts Posts: 946 ✭✭✭Predalien


    dees99 wrote: »
    Sorry i dont understand your statement (Procrastastudy)!!

    Im not incredibly stupid i do of course have a solicitor. Jeez!!

    He is referring sarcastically to some freeman nonsense that followers have attempted to use (without success) in courts in order to escape charges, they essentially claim that courts have no real jurisdiction to convict.


  • #8
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    The charter provides an adequate explanation as to why this thread has been closed.


This discussion has been closed.
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