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speeding fine

  • 10-01-2013 3:27pm
    #1
    Registered Users, Registered Users 2 Posts: 56 ✭✭


    i got caught speeding and was pulled over
    i produced my licence and the garda took my details and my number plate etc
    i received the fine it came to correct address with the correct licence plate but the name on the fine is not mine ?
    it's like changed from mc carthy to mc currity (real names changed lol but you get the jist )
    would i get away with not paying it as obviously it's not me
    and i'd be paying this fine somewhat illegally lol

    please move to appropriate section if applicable thanks mods i love you


«13

Comments

  • Registered Users, Registered Users 2 Posts: 29,293 ✭✭✭✭Mint Sauce


    lurkballs wrote: »
    i got caught speeding and was pulled over
    i produced my licence and the garda took my details and my number plate etc
    i received the fine it came to correct address with the correct licence plate but the name on the fine is not mine ?
    it's like changed from mc carthy to mc currity (real names changed lol but you get the jist )
    would i get away with not paying it as obviously it's not me
    and i'd be paying this fine somewhat illegally lol

    please move to appropriate section if applicable thanks mods i love you

    Would it have been easier just not to get caught?


  • Closed Accounts Posts: 1,162 ✭✭✭giant_midget


    irish-stew wrote: »
    Would it have been easier just not to get caught?

    Get off your high horse ffs..


  • Closed Accounts Posts: 2,072 ✭✭✭Max Power


    Love you too


  • Registered Users, Registered Users 2 Posts: 11,689 ✭✭✭✭castletownman


    Are you friendly with a local garda? If so, get them to sort it out for you. They have a good rep for that


  • Closed Accounts Posts: 1,439 ✭✭✭SunnyDub1


    lurkballs wrote: »
    iwould i get away with not paying it as obviously it's not me
    and i'd be paying this fine somewhat illegally lol

    obviously it is you :confused:


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  • Closed Accounts Posts: 8,015 ✭✭✭CreepingDeath


    Get off your high horse ffs..

    Maybe he's a horse mounted Garda.


  • Closed Accounts Posts: 3,892 ✭✭✭spank_inferno


    Pay up OP.
    A typo is not a get out clause

    If you don't pay now, a court will make you pay later.

    (so do us taxpayers a solid and don't let it come to that wasted court time!)


  • Closed Accounts Posts: 22,559 ✭✭✭✭AnonoBoy


    If my understanding of the logic employed by the Freeman movement is correct then you don't have to pay any fine ever unless the Garda reads out the exact statute of the constitution that gives him power to hand out fines, recites his badge number backwards and forwards, stands on one leg and hops while turning in a full 360 degree circle.


  • Closed Accounts Posts: 13,874 ✭✭✭✭PogMoThoin


    No hassle, Get on to your local Garda, he will get it changed into your proper name....


  • Registered Users, Registered Users 2 Posts: 56 ✭✭lurkballs


    some good replies but as i said my name is johhny mc carthy not mc whatever is on the fine why should i pay someone elses fine?

    i'll get back in my time machine and not get caught so :rolleyes


    im going to pay the fine regardless
    i was just wondering is all
    i didn't want to go paying johhnys fine for him he's loaded


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  • Registered Users, Registered Users 2 Posts: 1,371 ✭✭✭john_cappa


    Did you not think about the children when you were driving so fast??

    I bet you are on benefits aswell??


  • Registered Users, Registered Users 2 Posts: 103 ✭✭Jacob T


    You'll have to not pay the fine, then not pay the increased fine and receive a court summons. Fortunately the law has to be exact when naming accused people and in the eyes of the law your name is NOT legally "John McCurrity" or whatever the mistaken name was. High chance it will be thrown out by the judge but it's a risk because if convicted in court you may receive an increased fine and more penalty points.


  • Registered Users, Registered Users 2 Posts: 1,001 ✭✭✭Peanut2011


    OP, if you produced your licence at the roadside the Garda would have taken down your licence number anyway so you would eventually be tracked down. Although saying that, you could play dumb, drag it out to court and claim it was not you..... Do you really want to chance it that far?


  • Closed Accounts Posts: 1,439 ✭✭✭SunnyDub1


    lurkballs wrote: »
    some good replies but as i said my name is johhny mc carthy not mc whatever is on the fine why should i pay someone elses fine?

    i'll get back in my time machine and not get caught so :rolleyes:


    Are you actually taking the piss ?????

    it's not someone Else's fine... it's yours:confused::confused:

    there was just a misspelling...


  • Registered Users, Registered Users 2 Posts: 29,293 ✭✭✭✭Mint Sauce


    Get off your high horse ffs..

    This is AH, not motors, although tbf, OP would have got similar response there as well.

    Seriously though OP, don't think you can get out of this one unless you want to fight it in court, then even then the judge might just say its a typo and up the fine and points.


  • Registered Users, Registered Users 2 Posts: 56 ✭✭lurkballs


    john_cappa wrote: »
    Did you not think about the children when you were driving so fast??

    I bet you are on benefits aswell??

    it was 2am if they were out playing at that hour their parents should be fined

    don't know why you would say that....??


  • Registered Users, Registered Users 2 Posts: 1,494 ✭✭✭The_Gatsby


    lurkballs wrote: »
    some good replies but as i said my name is johhny mc carthy not mc whatever is on the fine why should i pay someone elses fine?

    i'll get back in my time machine and not get caught so :rolleyes


    im going to pay the fine regardless
    i was just wondering is all
    i didn't want to go paying johhnys fine for him he's loaded

    It's not somebody else's fine. It's yours. You got caught speeding so stop looking for a way out of it, pay up and don't do it again. Bold boy


  • Closed Accounts Posts: 215 ✭✭Furious_George


    lurkballs wrote: »
    some good replies but as i said my name is johhny mc carthy not mc whatever is on the fine why should i pay someone elses fine?

    i'll get back in my time machine and not get caught so :rolleyes


    im going to pay the fine regardless
    i was just wondering is all
    i didn't want to go paying johhnys fine for him he's loaded

    I'd say if the reg number is on it you might have to pay. I dont know but maybe you would have to go to court to get it dismissed and lying in court that it wasnt you may not be the best idea. I dont really know how these things work, just speculating here.


  • Banned (with Prison Access) Posts: 1,203 ✭✭✭sfwcork


    Try your very best to get away with it.Dont listen to those on the high horse say pay up as you did the crime.Do you think cops,td's or high profile figures pay them. My arse they do


  • Registered Users, Registered Users 2 Posts: 5,389 ✭✭✭mattjack


    Pay it twice OP , in both names just to be safe.


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  • Closed Accounts Posts: 6,496 ✭✭✭Boombastic


    AnonoBoy wrote: »
    If my understanding of the logic employed by the Freeman movement is correct then you don't have to pay any fine ever unless the Garda reads out the exact statute of the constitution that gives him power to hand out fines, recites his badge number backwards and forwards, stands on one leg and hops while turning in a full 360 degree circle.

    Even if he does all of this you still don't have to pay the fine if he doesn't have his hat on


  • Registered Users, Registered Users 2 Posts: 3,529 ✭✭✭recyclebin


    lurkballs wrote: »
    i got caught speeding and was pulled over
    i produced my licence and the garda took my details and my number plate etc
    i received the fine it came to correct address with the correct licence plate but the name on the fine is not mine ?
    it's like changed from mc carthy to mc currity (real names changed lol but you get the jist )
    would i get away with not paying it as obviously it's not me
    and i'd be paying this fine somewhat illegally lol

    please move to appropriate section if applicable thanks mods i love you

    I think the people who get away with this usually have a lawyer with them.

    I doubt it's worth getting legal advice over. Just ask them to correct the spelling and pay the fine.


  • Registered Users, Registered Users 2 Posts: 10,328 ✭✭✭✭Dodge


    lurkballs wrote: »
    some good replies but as i said my name is johhny mc carthy not mc whatever is on the fine why should i pay someone elses fine?

    Seeing as its the correct reg, and the address matches the reg, your argument will fall down in court.

    You can try and be smart arse about it but you know what you should do, and you seem annoyed that people here won't back you up.


  • Registered Users, Registered Users 2 Posts: 3,538 ✭✭✭flutterflye


    lurkballs wrote: »
    it was 2am if they were out playing at that hour their parents should be fined

    don't know why you would say that....??

    I think he was just messing!


  • Closed Accounts Posts: 22,559 ✭✭✭✭AnonoBoy


    Boombastic wrote: »
    Even if he does all of this you still don't have to pay the fine if he doesn't have his hat on

    Of course how stupid of me to forget the rule of hatticus onicus.


  • Registered Users, Registered Users 2 Posts: 23,140 ✭✭✭✭TheDoc


    lurkballs wrote: »
    i got caught speeding and was pulled over
    i produced my licence and the garda took my details and my number plate etc
    i received the fine it came to correct address with the correct licence plate but the name on the fine is not mine ?
    it's like changed from mc carthy to mc currity (real names changed lol but you get the jist )
    would i get away with not paying it as obviously it's not me
    and i'd be paying this fine somewhat illegally lol

    please move to appropriate section if applicable thanks mods i love you

    If it came to you with the same license plate and house address, why would you be concerned about paying someone else fine.

    Sounds like you are trying to get some justification to skip the fine, pay up pal, you got caught ;)


  • Registered Users, Registered Users 2 Posts: 3,220 ✭✭✭cojomo2


    Jacob T wrote: »
    You'll have to not pay the fine, then not pay the increased fine and receive a court summons. Fortunately the law has to be exact when naming accused people and in the eyes of the law your name is NOT legally "John McCurrity" or whatever the mistaken name was. High chance it will be thrown out by the judge but it's a risk because if convicted in court you may receive an increased fine and more penalty points.
    who would the court summons be issued to? Jonny McCurrity?


  • Registered Users, Registered Users 2 Posts: 8,513 ✭✭✭Ray Palmer


    Same thing happened to my mother except she was out of the country. The fine doubled. She rang asked the Garda what to do. The said ignore it and they would mark it down as unable to find the person.

    You certainly can ignore the tickets. They can't summon you with the wrong name. Don't open the letters and return to sender


  • Registered Users, Registered Users 2 Posts: 56 ✭✭lurkballs


    Dodge wrote: »
    Seeing as its the correct reg, and the address matches the reg, your argument will fall down in court.

    You can try and be smart arse about it but you know what you should do, and you seem annoyed that people here won't back you up.

    lol i'm not annoyed at all where in the post am i annoyed lol
    i said earlier i'd pay, too many serious people in here lighten up
    it's just a question
    thanks for all the replies now carry on with yer lives people


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  • Closed Accounts Posts: 6,327 ✭✭✭Madam_X


    sfwcork wrote: »
    Try your very best to get away with it.Dont listen to those on the high horse say pay up as you did the crime.Do you think cops,td's or high profile figures pay them. My arse they do
    Hate the way guards write off dangerous speeding for some people (not always high profile either) but whats just as bad is "Weh, weh, I know I brought the fine on myself, nobody else did, but I have an inflated sense of entitlement and no sense of personal responsibility, and don't feel I should pay it, because I don't want ta! And anyway the pigs let people off, fuk da law!" as if they wouldn't happily let the guards let them off.

    "Get off your high horse" also translates as "I know you're right but I hate having to admit it."


  • Closed Accounts Posts: 1,082 ✭✭✭Squ


    (so do us a solid)
    Am i the only one who thinks of a 12" fat turd blocking a jax whenever someone uses this phrase?


  • Banned (with Prison Access) Posts: 1,203 ✭✭✭sfwcork


    wrote:
    lurkballs

    it's just a question
    thanks for all the replies now carry on with yer lives people

    No Im sorry I cant.Not until I know the outcome of this.I cant possibly just move on like that


  • Closed Accounts Posts: 5,002 ✭✭✭Seedy Arling


    The fact you produced your licence and the Garda took the name down wrong probably means a judge would throw it out of court if you didnt pay it and let it go to court.

    How can you rely on a Garda to operate a speed gun properly if he can't write a name down that is in black and white in front of him?


  • Registered Users, Registered Users 2 Posts: 1,096 ✭✭✭ImDave


    I'd think it would come down to the same thing as a fixed penelty notice issued from a speed camera. If you are the registered owner of the vehicle (I don't know if you are OP, but presuming you are), the onus is on you to prove it was Mr. McCurrity or whoever was driving, and not yourself. As you can't do that, you'll have to pay up.


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    OP, is the summons obviously addressed to you? By that I am asking:
    (a) if it is just an obvious typo.
    (b) if the details on the fine identify you.


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  • Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    OP don't pay and eventually when you get a court date, don't show up cos it isn't in your name and then when the Gards come and take you in, tell them to **** right off and tell the Judge the same when you're in the dock.That should fix it. (You can tell your cellmate with the tatoos and the glint in his eye the same too)

    Seriously, it's your "crime" , it's your fine, it's an error....pay up....


  • Closed Accounts Posts: 1,558 ✭✭✭seven_eleven


    "illegally" ehh?


  • Registered Users, Registered Users 2 Posts: 56 ✭✭lurkballs


    corktina wrote: »
    OP don't pay and eventually when you get a court date, don't show up cos it isn't in your name and then when the Gards come and take you in, tell them to **** right off and tell the Judge the same when you're in the dock.That should fix it. (You can tell your cellmate with the tatoos and the glint in his eye the same too)

    Seriously, it's your "crime" , it's your fine, it's an error....pay up....

    my error was speeding , their "error" was fining the wrong person
    ease up love, if you read the thread you'd see i was paying the fine regardless
    it was just a simple question a bit of banter to see what people thought


  • Registered Users, Registered Users 2 Posts: 329 ✭✭BlatentCheek


    OP, As far as minor typos go I'm pretty sure there's case law allowing warrents to be upheld in similar situations where the other information identifies the person or property adequately so I doubt fixed charge notices are any different.
    Going to Court to find out would be expensive unless you go solo, time consuming and probably unsuccessful, leading to a doubled penalty.
    No shame in asking though


  • Registered Users, Registered Users 2 Posts: 594 ✭✭✭sonyvision


    Not been a smart arse however this happened to a friend

    If you speed you risk getting caught however this person was caught speeding and does not speed any more. Received the fine in the post went to pay and realised the name was spelt slightly wrong. Went to the garda station and said "look i was caught speeding the name is wrong on the ticket what do i need to do" because he actually was intending on paying the ticket the superintended said he will sort it out not to worry and heard no more about it. Persuming because of the mistake and the full intention of him been honest about it they didnt follow up on it.....

    my guess head to your local station be straight up about it the worse they can say is your paying the 80 euro fine and 2 points...

    Even tho that was the worst case any way.


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  • Closed Accounts Posts: 6,327 ✭✭✭Madam_X


    The fact you produced your licence and the Garda took the name down wrong probably means a judge would throw it out of court if you didnt pay it and let it go to court.

    How can you rely on a Garda to operate a speed gun properly if he can't write a name down that is in black and white in front of him?
    Probably a case though of really crap handwriting and whoever inputted it to the computer misread it.

    What about the vehicle registration and the address? The OP is the registered owner.


  • Registered Users, Registered Users 2 Posts: 8,513 ✭✭✭Ray Palmer


    OP, As far as minor typos go I'm pretty sure there's case law allowing warrents to be upheld in similar situations where the other information identifies the person or property adequately so I doubt fixed charge notices are any different.
    Going to Court to find out would be expensive unless you go solo, time consuming and probably unsuccessful, leading to a doubled penalty.
    No shame in asking though
    The wrong name on a legal document is not a minor typo. They can't issue the summons in the wrong name and bring you to court. It really is that straight forward. If you turn up they can change the name.


  • Registered Users, Registered Users 2 Posts: 56 ✭✭lurkballs


    Would appear to me that you gave a false name like you were in an episode of Starsky & Hutch or something and are now paying the price.

    they used MY licence to obtain MY name yet they are fining another


  • Registered Users, Registered Users 2 Posts: 13,685 ✭✭✭✭wonski


    Why did you open letter addressed to McCurrity then?

    I don't think you will avoid paying the fine. You can try - let us know what name is on the invitation handed by Garda.


  • Closed Accounts Posts: 4,713 ✭✭✭HondaSami


    lurkballs wrote: »
    my error was speeding , their "error" was fining the wrong person
    ease up love, if you read the thread you'd see i was paying the fine regardless
    it was just a simple question a bit of banter to see what people thought

    They did not fine the wrong person, it was an error in the spelling of your name, Does your lic and car reg details have the correct spelling of your name?
    The guard would have got the details from here.


  • Registered Users, Registered Users 2 Posts: 56 ✭✭lurkballs


    HondaSami wrote: »
    They did not fine the wrong person, it was an error in the spelling of your name, Does your lic and car reg details have the correct spelling of your name?
    The guard would have got the details from here.

    yes all have my correct name except the fine


  • Closed Accounts Posts: 4,713 ✭✭✭HondaSami


    lurkballs wrote: »
    yes all have my correct name except the fine

    It's just a minor detail, you have 56 days to pay, it's not a summons you got, is it?


  • Registered Users, Registered Users 2 Posts: 2,183 ✭✭✭pcardin


    How can you rely on a Garda to operate a speed gun properly if he can't write a name down that is in black and white in front of him?

    erm...black and pink actually :pac:


  • Registered Users, Registered Users 2 Posts: 56 ✭✭lurkballs


    HondaSami wrote: »
    It's just a minor detail, you have 56 days to pay, it's not a summons you got, is it?

    no a fine i have 28 days to pay


  • Registered Users, Registered Users 2 Posts: 329 ✭✭BlatentCheek


    Ray Palmer wrote: »
    The wrong name on a legal document is not a minor typo. They can't issue the summons in the wrong name and bring you to court. It really is that straight forward. If you turn up they can change the name.

    From the OPs example (McCarthy vs McCurrity) it's the wrong second name only, spelt in a manner highly suggestive of the proper name, transcribed in error from the OPs licence with correct accompanying license plate and address, and possibly other correct information too. This is IMO a classic case of a typographical error rather than a case of mis-identification of an offender and I wouldn't go to court to argue it if I could simply pay €80 and take 2 points to settle the matter.


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