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Speeding Summons / wrong everything

1246

Comments

  • #92
    Fred Swanson
    Closed Accounts Posts: 21,723 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #93
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Fred Swanson wrote: »
    This post has been deleted.

    He might lie and say the person in court is the person he stopped. What happens then?


  • #94
    Fred Swanson
    Closed Accounts Posts: 21,723 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #95
    Victor
    Registered Users, Registered Users 2 Posts: 78,784 ✭✭✭✭Victor


    Sleeper12 wrote: »
    A day in court can be very entertaining anyway
    "We live in interesting times" isn't always a good thing.
    Patww79 wrote: »
    This post has been deleted.
    This is a very dangerous course of action.


  • #96
    Fred Swanson
    Closed Accounts Posts: 21,723 ✭✭✭✭Fred Swanson


    This post has been deleted.


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  • #97
    Panrich
    Registered Users, Registered Users 2, Paid Member Posts: 4,035 ✭✭✭Panrich


    4ensic15 wrote: »
    He might lie and say the person in court is the person he stopped. What happens then?

    Well the Garda would have the inconvenience of explaining how the OP was driving a vehicle that is not registered to him and which the OP could not have insured or taxed. It sort of lends an air of credibility to the OPs position.


  • #98
    K.Flyer
    Registered Users, Registered Users 2 Posts: 8,560 ✭✭✭K.Flyer


    Cutting it fine to rely on it going in your favour on the day in court.
    Best to have the entire mess sorted out long before then.


  • #99
    Seth Brundle
    Moderators, Politics Moderators, Paid Member Posts: 43,843 Mod ✭✭✭✭Seth Brundle


    Panrich wrote: »
    Well the Garda would have the inconvenience of explaining how the OP was driving a vehicle that is not registered to him and which the OP could not have insured or taxed. It sort of lends an air of credibility to the OPs position.
    The garda won't have to explain any of this. They see people driving cars not theirs all the time.


  • #100
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Panrich wrote: »
    Well the Garda would have the inconvenience of explaining how the OP was driving a vehicle that is not registered to him and which the OP could not have insured or taxed. It sort of lends an air of credibility to the OPs position.

    Happens every day of the week that people drive vehicles registered to someone else and which they could not have insured or taxed. people borrow cars from relatives for example. The o/p will have to give positive evidence that it was not him, that he was elsewhere on the day in question and can substantiate that. I know a lad who was convicted of drink driving and banned after someone else who was caught drink driving gave his name to a guard.


  • #101
    OldMrBrennan83
    Closed Accounts Posts: 26,611 ✭✭✭✭OldMrBrennan83


    This post has been deleted.


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  • #102
    Fred Swanson
    Closed Accounts Posts: 21,723 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #103
    BigCon
    Closed Accounts Posts: 1,810 ✭✭✭BigCon


    Were you in Cahir at all around the time of the speeding offence?


  • #104
    RobbieMD
    Registered Users, Registered Users 2 Posts: 449 ✭✭RobbieMD


    Patww79 wrote: »
    It really is a disgrace what the cops can get away with in this country and the corrupt things supposed to have changed.

    What's the corrupt part though? Where's the gain for any of them? Either prosecuting Garda or the one who served the summons? As far as the prosecuting Garda is concerned he issued a speeding ticket bona fides. Nothing corrupt there.

    As an aside, Is the op denying that he was speeding? As far as I'm aware the summons service is fine. That he didn't own the car is immaterial. That the summons was served at a different address to that actually on the summons causes no issues. A summons can be handed to your boss at your job if so desired.

    In reality if the op doesn't show in court, there's a high likelihood he'd be convicted in his absence. Most district court judges will hear this in his absence as very unlikely he'd get imprisoned.

    If the OP is looking to speak to the Garda on the morning of court, there's no guarantee that the prosecuting Garda will be in court for the summons, it may well be on a tracking form and an Inspector/Superintendent presenting court that day, and it will be set for a hearing date.

    I know the op is trying to speak to the prosecuting Garda and really this is the best thing to do. It may well be someone gave his details when stopped.


  • #105
    Glass fused light
    Registered Users, Registered Users 2 Posts: 1,576 ✭✭✭Glass fused light


    RobbieMD wrote: »
    What's the corrupt part though? Where's the gain for any of them? Either prosecuting Garda or the one who served the summons? As far as the prosecuting Garda is concerned he issued a speeding ticket bona fides. Nothing corrupt there.

    As an aside, Is the op denying that he was speeding? As far as I'm aware the summons service is fine. That he didn't own the car is immaterial. That the summons was served at a different address to that actually on the summons causes no issues. A summons can be handed to your boss at your job if so desired.

    In reality if the op doesn't show in court, there's a high likelihood he'd be convicted in his absence. Most district court judges will hear this in his absence as very unlikely he'd get imprisoned.

    If the OP is looking to speak to the Garda on the morning of court, there's no guarantee that the prosecuting Garda will be in court for the summons, it may well be on a tracking form and an Inspector/Superintendent presenting court that day, and it will be set for a hearing date.

    I know the op is trying to speak to the prosecuting Garda and really this is the best thing to do. It may well be someone gave his details when stopped.

    He says not in post 4.
    tbarry31 wrote: »
    No I wasn't driving the car it's a reg that I don't recognise. The address on the summons is for a house that is about 2 miles from my house. My guess is because they knew my mother and a few Guards would have known I lived in that direction they obviously thought that it was me and gave her the summons


  • #106
    C3PO
    Registered Users, Registered Users 2 Posts: 3,840 ✭✭✭C3PO


    If I was the OP I wouldn't bother with a solicitor but I would 100% turn up in court - if he doesn't he will be convicted in his absence and then it becomes a real problem!
    In my experience most judges are very reasonable if you stand up and explain the situation - in fact I have often observed that they seem to enjoy coming to the rescue of clearly innocent parties!
    But I would definitely go to court, even if the Garda told me there was no need to!


  • #107
    pcuser
    Closed Accounts Posts: 571 ✭✭✭pcuser


    Something similar happened to me a few years back. I made contact with the Guard and called in to him. Someone had given my name. That was the only piece of information on the summons that was correct. He apologized and that was the end of it.

    That should be your 1st port of call. If this does not work you need a solicitor.


  • #108
    tbarry31
    Registered Users, Registered Users 2 Posts: 117 ✭✭tbarry31


    I got through to some in my local Garda Station and was told that it was giving to my mam in error and they have said sorry about the inconvenience. I asked what should I do now and she said throw the summons in the bin and don't give it another thought.


  • #109
    Jane1012
    Registered Users, Registered Users 2 Posts: 161 ✭✭Jane1012


    tbarry31 wrote: »
    I got through to some in my local Garda Station and was told that it was giving to my mam in error and they have said sorry about the inconvenience. I asked what should I do now and she said throw the summons in the bin and don't give it another thought.

    I would really suggest you get that in writing as otherwise if the issues resurfaces you have no proof


  • #110
    dr.fuzzenstein
    Banned (with Prison Access) Posts: 16,575 ✭✭✭✭dr.fuzzenstein


    tbarry31 wrote: »
    I got through to some in my local Garda Station and was told that it was giving to my mam in error and they have said sorry about the inconvenience. I asked what should I do now and she said throw the summons in the bin and don't give it another thought.

    Very good. In writing is always better, but at the very least write down the number you called, what time you called, the name of the person you spoke to and a brief synopsis of what they said.
    Then it should be all good.
    Glad to hear the matter seems to be resolving itself.


  • #111
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    You should be in court on the day. There is still a chance you could be disqualified in your absence.


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  • #112
    tbarry31
    Registered Users, Registered Users 2 Posts: 117 ✭✭tbarry31


    4ensic15 wrote: »
    You should be in court on the day. There is still a chance you could be disqualified in your absence.


    I can't be disqualified if they have the wrong person they don't know what their doing . Garda said it won't be going ahead and that the summons is to be sent back from my local Garda station to the Garda station in Cahir.


  • #113
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    tbarry31 wrote: »
    I can't be disqualified if they have the wrong person they don't know what their doing . Garda said it won't be going ahead and that the summons is to be sent back from my local Garda station to the Garda station in Cahir.

    Guards tell people this all the time. All it takes is for a mistake or miscommunication to happen and you will be disqualified. The case is listed for a court hearing. If it is not cancelled, something you can't check in advance, your name will be called and the charge will be heard. I would simply not leave it to chance.


  • #114
    tbarry31
    Registered Users, Registered Users 2 Posts: 117 ✭✭tbarry31


    4ensic15 wrote: »
    Guards tell people this all the time. All it takes is for a mistake or miscommunication to happen and you will be disqualified. The case is listed for a court hearing. If it is not cancelled, something you can't check in advance, your name will be called and the charge will be heard. I would simply not leave it to chance.



    I will be calling into barrack's to get it in writing I can't afford to be at court for something that has nothing to do with me. It would be a massive financial loss to me I would basically have to leave a bill go unpaid if I was to attend.


  • #115
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    tbarry31 wrote: »
    I will be calling into barrack's to get it in writing I can't afford to be at court for something that has nothing to do with me. It would be a massive financial loss to me I would basically have to leave a bill go unpaid if I was to attend.

    Get a family member to go there for you. If you name is called they can explain what happened.


  • #116
    RustyNut
    Registered Users, Registered Users 2 Posts: 3,427 ✭✭✭RustyNut


    tbarry31 wrote: »
    I can't be disqualified if they have the wrong person they don't know what their doing . Garda said it won't be going ahead and that the summons is to be sent back from my local Garda station to the Garda station in Cahir.

    This could be the same Garda that sent the wrong summons in the first place. It would certainly be in your best interest to be in court or have someone represent you there. If the case goes ahead and you are not represented you Could find yourself having to appeal a wrongful conviction with all the hassle and expense that goes with that.

    Just my €0.02


  • #117
    The Oort Cloud
    Registered Users, Registered Users 2 Posts: 470 ✭✭The Oort Cloud


    You will be ok now OP, as your phone-calls to the garda station will be recorded/saved for future reference/proof of contact. What an inconvenience indeed. As another poster above said.. Write down everything in regard to phone-calls made to garda station, Name of garda you were talking to on the phone and times and dates and also what you were told by garda reception desk. These are the basics and should be done, then when done, put it out of your mind with no more stress about it.

    Be well.

    Individual people have different thoughts and understanding in regard to others opinions, but the problem is this... there are some people out there that will do everything in their power to cut you off when they do not like your opinion even when it is truth.

    https://youtu.be/v8EseBe4eIU



  • #118
    RobbieMD
    Registered Users, Registered Users 2 Posts: 449 ✭✭RobbieMD


    tbarry31 wrote: »
    I will be calling into barrack's to get it in writing I can't afford to be at court for something that has nothing to do with me. It would be a massive financial loss to me I would basically have to leave a bill go unpaid if I was to attend.

    I can guarantee that you won't get that in writing from any Garda. They simply won't do it. Saying one thing on the phone when they only have the info you've given them is one thing. The other side is you can still be convicted in your absence if you don't go. Have you gotten in contact with whoever is prosecuting you? In reality they are the only person who can state whether it was or wasn't you they stopped. Everything else is well meaning, but won't exactly help you.


  • #119
    Ahhhh for forks sake!
    Banned (with Prison Access) Posts: 143 ✭✭Ahhhh for forks sake!


    Just bin it. It's not for you.It'd make a nice roach for a fag.


  • #120
    Glass fused light
    Registered Users, Registered Users 2 Posts: 1,576 ✭✭✭Glass fused light


    The Oort Cloud wrote: »
    as your phone-calls to the garda station will be recorded/saved for future reference/proof of contact.


    When did this start happening?
    Is this all lines, all extension?


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  • #121
    C3PO
    Registered Users, Registered Users 2 Posts: 3,840 ✭✭✭C3PO


    tbarry31 wrote: »
    I will be calling into barrack's to get it in writing I can't afford to be at court for something that has nothing to do with me. It would be a massive financial loss to me I would basically have to leave a bill go unpaid if I was to attend.

    Nothing like the loss that will accrue if you are convicted in your absence! Surely you could take a days leave?
    I would be surprised if you get anything in writing from the Gardaí! If you do great, if not, you need to turn up in court!


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