Wrong address of incident

badboyblast

I broke a white line coming off a slipway and was stopped by a guard , received the fine in the post as per normal and the address was a Mish mash of two areas and made no sense , could I let it become a summons and go to court and have it thrown out due to the address ?

What do you think ?

Fred Swanson

This post has been deleted.

Samuel T. Cogley

Try it, let us know how you get on?

(With the increased fine and extra points)

joeysoap

Certainly summons have been thrown out on such grounds previously, ie if the summons relates to a place where the offense didn’t occur.

Lmklad

badboyblast wrote: »

I broke a white line coming off a slipway and was stopped by a guard , received the fine in the post as per normal and the address was a Mish mash of two areas and made no sense , could I let it become a summons and go to court and have it thrown out due to the address ?

What do you think ?

Do you mean the location was wrong or your address was wrong?

4ensic15

joeysoap wrote: »

Certainly summons have been thrown out on such grounds previously, ie if the summons relates to a place where the offense didn’t occur.

A summons is merely a device to compel attendance at court. It is the evidence given in the case which is decisive. It is possible to appear and challenge jurisdiction on the basis the location given is not within the District Court area for which the person has been summoned.

Order 38 of the Rules of the District Court.

Power of Court in cases of variance, defects, omissions, no offence disclosed or no appearance

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.
Defects
(2) Subject to the provisions of paragraph (3) hereof, no objection shall be taken or allowed on the ground of a defect in substance or in form or an omission in the summons, warrant or other document by which the proceedings were originated, or of any variance between any such document and the evidence adduced on the part of the prosecutor at the hearing of the case in summary proceedings or at the examination of the witnesses during the preliminary examination of an indictable offence, but the Court may amend any such summons, warrant or other document, or proceed in the matter as though no such defect, omission or variance had existed.

Court’s discretion
(3) Provided, however, that if in the opinion of the Court the variance, defect or omission is one which has misled or prejudiced the accused or which might affect the merits of the case, it may refuse to make any such amendment and may dismiss the complaint either without prejudice to its being again made, or on the merits, as the Court thinks fit; or if it makes such amendment, it may upon such terms as it thinks fit adjourn the proceedings to any future day at the same time or at any other place.

Tails142

This case was thrown out because the garda wrote that the driver failed to obey signage at the roundabout when the signage was on the bridge leading up to the roundabout.

A good solicitor would you get you out of anything I think.

The case saddened me by the way as it's very annoying when drivers do what this guy was brought to court for but what hope do the garda have if the courts just dismiss the cases.

https://www.limerickleader.ie/news/home/299514/limerick-driver-who-took-wrong-turn-at-roundabout-has-case-dismissed.html

4ensic15

Tails142 wrote: »

This case was thrown out because the garda wrote that the driver failed to obey signage at the roundabout when the signage was on the bridge leading up to the roundabout.

A good solicitor would you get you out of anything I think.

The case saddened me by the way as it's very annoying when drivers do what this guy was brought to court for but what hope do the garda have if the courts just dismiss the cases.

https://www.limerickleader.ie/news/home/299514/limerick-driver-who-took-wrong-turn-at-roundabout-has-case-dismissed.html

I can't access that link. It is behind a pay wall.

4ensic15

I saw the news report of the case. It appears the guard did not give accurate oral evidence of the placement of the signs either. Every case turns on its own facts.

Fred Swanson

This post has been deleted.

badboyblast

Address of the incident was right when I checked Google maps , very strange address I must say .

Paid the fine like a good little boy and kept my powder dry for another day