Fixed penalty notice: Wrong date and time

G.5

I've received a fixed penalty notice for driving at 87km/h in an 80km zone. I know I shouldn't have been speeding but it happens.

The thing is the date of the offence was recorded as 12:40 on a Saturday... When the incident actually occurred at 19:00 the day before, Friday. I was stopped by the traffic corps.

I'm just wondering where I stand with a mistake like this, I wasn't in this particular location at the time of the alleged offence and I doubt the Garda was either? Is there any chance of getting out of it?

Paying the fine isn't the issue it's more so the penalty points, and yes I've got the lesson!

athtrasna

Any chance you were caught by a van at the time the fine is for?

MarkAnthony

As I see it you've three choices.

(i) Pay up, you know you were caught, it seems there is no issue there.

(ii) Pop along to court and challenge it yourself, there's a reasonable possibility it could be struck out. There's also a reasonable possibility that the DC Judge will have gotten out of the wrong side of the bed that morning and you'll end up with more points and a bigger fine.

(iii) Hire a solicitor, pay more have less chance of DC wrong side of the bed scenario and possibly not have to attend yourself, wasting a day over a small fine.

Personally I'd go with (i) but if I had more money than sense I'd go with (iii) - at least you'll get some proper advice before the court date.

4ensic15

District Court Rules
Order: 38

Variance between evidence and complaint
1. (1) Subject to the provisions of paragraph (3) hereof, in cases of summary jurisdiction no variance between the complaint and the evidence adduced in support thereof, as to the time at which the offence or cause of complaint is stated to have been committed or to have arisen, shall be deemed material, provided that such information or complaint was in fact made within the time limited by law for making the same; nor shall any variance between the complaint and the evidence adduced in support thereof, as to the place in which the offence or cause of complaint is stated to have been committed or to have arisen, be deemed material, provided that the said offence or cause of complaint was committed or arose within the jurisdiction of the Judge by whom the case is being heard, or that, the accused resides or in the case of an offence was arrested within such jurisdiction. In any such case the Court may amend the summons, warrant or other document by which the proceedings were originated and proceed to hear and determine the matter.

Pro Hoc Vice

4ensic15 wrote: »

District Court Rules
Order: 38

Variance between evidence and complaint
1. (1) Subject to the provisions of paragraph (3) hereof, in cases of summary jurisdiction no variance between the complaint and the evidence adduced in support thereof, as to the time at which the offence or cause of complaint is stated to have been committed or to have arisen, shall be deemed material, provided that such information or complaint was in fact made within the time limited by law for making the same; nor shall any variance between the complaint and the evidence adduced in support thereof, as to the place in which the offence or cause of complaint is stated to have been committed or to have arisen, be deemed material, provided that the said offence or cause of complaint was committed or arose within the jurisdiction of the Judge by whom the case is being heard, or that, the accused resides or in the case of an offence was arrested within such jurisdiction. In any such case the Court may amend the summons, warrant or other document by which the proceedings were originated and proceed to hear and determine the matter.

That is the old rules changed since 2014 http://courts.ie/rules.nsf/0c609d7abff72c1c80256d2b0045bb64/ca4a62fb508b670780257c9000456561?OpenDocument

Ordrr 12 Rule 10 now just one line but legally a big change. Under a strict reading of the old rule the DC must make any amendment before going on to hear the matter, under new rule can make amendment at any point in hearing.

4ensic15

Pro Hoc Vice wrote: »

That is the old rules changed since 2014 http://courts.ie/rules.nsf/0c609d7abff72c1c80256d2b0045bb64/ca4a62fb508b670780257c9000456561?OpenDocument

Ordrr 12 Rule 10 now just one line but legally a big change. Under a strict reading of the old rule the DC must make any amendment before going on to hear the matter, under new rule can make amendment at any point in hearing.

That is not the same point I am making. There is no need to amend the summons at all per Order 38 if only the place and time differ from the evidence.

esforum

In the old system you could write in stating that the ticket was wrong and it would be cancelled (of course the Garda could then issue the correct one) but now all tickets must be processed fully so its either pay or court.