Speeding ticket - wrong location on ticket

skydish79

My wife got a letter in the post stating she was speeding on x date, x time at x location

She checked her phone, and had sent a viber message which showed her location was 10 minutes away, and she couldnt have being at the location on the letter within that 10 minutes

She rang them quering it and the guard provided her with a different location where she was speeding and yes she was speeding at that location

Question if the location on the letter is different to the one the guard gave, can it be struck out, just dont have the cash at the minute

Kimbot

TBH if she was speeding, pay up, take the 2 points. If not go to court and pay more and possibly more points etc.

Leroy42

Not an expert, by I can think of many instances where people have gotten away with something on a technicality, and putting the wrong location is just that.

go to court, and when she can prove she wasn't in that location it will be thrown out. No doubt a new fine may well issue based on the correct information but based on your OP your wife has a clear defense on this fine.

Again, I am not an expert, do not take this as any official advice, just my opinion.

If she was to pay this fine then what happens is she then received the correct fine? She would have already accept the original fine so much harder to then argue it should be struck off and as you say she accepts she was spending so has no defense on the correct one.

unichall

This is how it will get struck out but only if it goes like this.

You don't pay the ticket, you go to court and the garda or van operator gives his evidence that at such a location ( the one where your wife was actually speeding ) x car being driven by your wife was speeding.

In reply your wife states that the summons and/or ticket states you were speeding in a different location which you were not, case struck out.

Where this becomes risky is if the garda/van operator are aware of the error and when the case is called they make an application to the judge to amend the summons to now indicate the correct location, game over your wife is fined and 4 points.

unichall

This is how it will get struck out but only if it goes like this.

You don't pay the ticket, you go to court and the garda or van operator gives his evidence that at such a location ( the one where your wife was actually speeding ) x car being driven by your wife was speeding.

In reply your wife states that the summons and/or ticket states you were speeding in a different location which you were not, case struck out.

Where this becomes risky is if the garda/van operator are aware of the error and when the case is called they make an application to the judge to amend the summons to now indicate the correct location, game over your wife is fined and 4 points.

corktina

but when she gets to court, won't the location of the offense have been amended now she has brought the error to their attention?

I'd pay up especially as it seems she done it....

henryporter

You can try appealing it in writing in to npo@garda.ie (within the time given to pay on the notice). I appealed one on the basis that they had the wrong speed limit for the area (was doing 51 in a 60kph - the notice said it was 50kph), and succeeded. Talk to the Garda at the NPO as well - doesn't hurt.

Btw - I wouldn't use the excuse that you were texting at the time of the alleged offence

djimi

Just be aware that mobile phone locations are not always correct; my phone for example quite often reports that I am many miles from where I actually am, so Im not sure that a Viber message alone would be enough evidence in court. A receipt with a time and location on it would be more effective.

corktina

henryporter wrote: »

You can try appealing it in writing in to npo@garda.ie (within the time given to pay on the notice). I appealed one on the basis that they had the wrong speed limit for the area (was doing 51 in a 60kph - the notice said it was 50kph), and succeeded. Talk to the Garda at the NPO as well - doesn't hurt.

Btw - I wouldn't use the excuse that you were texting at the time of the alleged offence

wow they are getting tough, booking you for being under the limit

fatherted1969

unichall wrote: »

This is how it will get struck out but only if it goes like this.

You don't pay the ticket, you go to court and the garda or van operator gives his evidence that at such a location ( the one where your wife was actually speeding ) x car being driven by your wife was speeding.


In reply your wife states that the summons and/or ticket states you were speeding in a different location which you were not, case struck out.

Where this becomes risky is if the garda/van operator are aware of the error and when the case is called they make an application to the judge to amend the summons to now indicate the correct location, game over your wife is fined and 4 points.

Surely it can't be amended on the day of court without her knowledge. If her defense is that she wasn't there at the time the summons is issued for which is a reasonable defense then the new time couldn't be changed to suit the speed camera van. No way should a judge accept that. If it was me i'd take my chance and take them on, if a new summons was issued after that which was correct i'd accept it and pay the fine

djimi

The fact that the Garda was able to tell her the time and location where she was actually speeding suggests to me that it was a simple error on the ticket, and that there is a chance that it will be amended in court. If the Garda could not do that, and the OP can prove that they were not at the location that the Garda had recorded at the time in question, then it would probably be struck out.

celica00

To me it sounds that she will still get the fine if she goes to court. So rather pay it now then have all the hassle, she was speeding after all

Leroy42

The law is very technical and everything has to be correct. Hence we see people getting evidence thrown out (the judges laptop) as evidence if the warrant has the incorrect date etc.

Doesn't actually change the evidence but things must be correct.

In effect, a speeding ticket is a summons based on the information provided on the fine as to the state stating that a particular person in charge of a particular vehicle at a particular place and time did a particular speed (or using phone etc). If any of those pieces of evidence as incorrect then there-in lies resonable doubt as to the charge itself.

The state is of course free to bring forward another fine based on the correct information but until this is corrected then, if your wife believes she can prove she wasn't in that location, then that would throw doubt over the veracity of the states claim.

skydish79

Thanks for info

she just rang to confirm the address not that it was incorrect on the letter

Oh she wasn't texting while driving! just had sent a text after leaving doctors

djimi

Does she have a receipt with a time on it from the doctors? That would be far more beneficial than the text.

skydish79

djimi wrote: »

Does she have a receipt with a time on it from the doctors? That would be far more beneficial than the text.

Yeah and receipt from chemist that she went to straight after