Fine in post

physioman

My sister got letter in post today saying she was being fined for holding a mobile phone while driving. She was stopped by the gardai at 8:55 am just outside Cork city. However the letter states she was stopped at 20:55 and at a different location than to where she was stopped. Basically wondering if it went to court would they throw it out due to incorrect details?

Kristopherus

Well she could try, but that means a solr, so she's gonna end up paying anyway. If she loses,(IMO she will), that means double points at lerastr, and, depending on the beak,the fine could go up as well.

In short, paying the fine & get on with her life is the better option.

veetwin

physioman wrote: »

My sister got letter in post today saying she was being fined for holding a mobile phone while driving. She was stopped by the gardai at 8:55 am just outside Cork city. However the letter states she was stopped at 20:55 and at a different location than to where she was stopped. Basically wondering if it went to court would they throw it out due to incorrect details?

Without going into the rights and wrongs of the incident I definitely think that since both the location and time on the summons would probably be wrong she would stand a reasonable chance of getting it thrown out. The question is probably best asked in the legal forum.

djimi

A solicitor might be able to show that she was at a different location than the one on the letter at 8.55pm on the day in question. Whether that would be sufficient or not I dont know.

Fred Swanson

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mitosis

She was stopped. She is due the fine. I expect she can go to court and have the details corrected there and then be doubly fined. Or, I think she has the option to perjure herself in court and get off, but I'm not certain.

veetwin

mitosis wrote: »

Or, I think she has the option to perjure herself in court and get off, but I'm not certain.

Why do you think she has to perjure herself?

Bogger77

mitosis wrote: »

She was stopped. She is due the fine. I expect she can go to court and have the details corrected there and then be doubly fined. Or, I think she has the option to perjure herself in court and get off, but I'm not certain.

Its not perjury to state that She was not at X location, at ZZ:zz time.

That's accurate, factual and legally correct.

Arbiter of Good Taste

And what is also factually correct is that she was holding a mobile device whilst driving.

dantastic

There are 2 alleged offenses having been committed.

One at location A at 8:55am and a further one at 8:55pm at location B. AGS is clearly only trying to come after her for one of the offenses. The one they are trying to pin on her she is denying.

They could still send out a fine for the later offense though so she should not accept responsibility for the first one just because she was stopped.

Bogger77

Arbiter of Good Taste wrote: »

And what is also factually correct is that she was holding a mobile device whilst driving.

not at the time alleged, nor at the location alleged.

If they can't get the details right,tough luck Garda. How many court cases for more serious things get thrown out cos a Garda couldn't complete a simple piece of paper work.

Fred Swanson

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mitosis

Bogger77 wrote: »

not at the time alleged, nor at the location alleged.

If they can't get the details right,tough luck Garda. How many court cases for more serious things get thrown out cos a Garda couldn't complete a simple piece of paper work.

What will a Judge think is worse?

A clerical error by a Garda, or

Driving while using a phone

visual

mitosis wrote: »

What will a Judge think is worse?

A clerical error by a Garda, or

Driving while using a phone

How can a judge proceed when the evidence is wrong. There is only one option dismiss the case and slap garda on hand.

The charge is driving while using phone at a specific time and place. Not driving while using the phone at some time, somewhere.

No Pants

mitosis wrote: »

What will a Judge think is worse?

A clerical error by a Garda, or

Driving while using a phone

When is the breaking point reached? There are three basic points that form the charge:

• What offence was committed
• Where the offence was committed
• when the offence was committed.

Now the letter the OP has received has two of those wrong. At what point does it become farcical or when the OP is accused of holding a banana when on a unicycle is it still clerical error?

jimd2

Her best option might be to write to the local superintendant and state that she was not at that location at that time. She could point out where she was when she was stopped and the time.

She should then ask the superintendant to consider cancelling the fine based on this. At least she is making the communication within the time frame for paying the fine and it does not increase due to lack of payment.

Fred Swanson

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