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Different garda name on summons?

  • 23-01-2017 8:07pm
    #1
    Pa994
    Registered Users, Registered Users 2 Posts: 67 ✭✭


    If stopped by a garda and found to be driving without insurance, can another garda who didn't speak to you at all at the scene have a summons issued for you to make a court appearance?


Comments

  • #2
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Don't see any issue with that. The prosecuting Garda in the title need not be a witness to an event.


  • #3
    coylemj
    Registered Users, Registered Users 2 Posts: 25,622 ✭✭✭✭coylemj


    Pa994 wrote: »
    If stopped by a garda and found to be driving without insurance, can another garda who didn't speak to you at all at the scene have a summons issued for you to make a court appearance?

    Yes, anyone authorised to institute a prosecution can issue the summons with their name on it and call the original Garda as a witness. As far as you are concerned, that could be any member of the Garda Siochana, any state solicitor or the DPP.

    Outside Dublin it was typical of the summons to have the local Garda Supt. named as the prosecutor, could still be the case.

    Better start thinking of Plan 'B'.


  • #4
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    And in insurance cases, being an offence of strict liability, the Plan B stuff is limited. Because ultimately it boils down to were you insured or not, a very untechnical and straightforward question.


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