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Speeding Summons / wrong everything

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Comments

  • #152
    fxotoole
    Registered Users, Registered Users 2 Posts: 1,661 ✭✭✭fxotoole


    tbarry31 wrote: »
    He is not on shift till the day before the court date he is on holidays.

    Then you need to escalate and talk to someone more senior, such as the Sgt on duty or Superintendent.


  • #153
    RobbieMD
    Registered Users, Registered Users 2 Posts: 449 ✭✭RobbieMD


    STB. wrote: »
    Regardless of whether I am in a district court or not, I do have the uncanny ability to read a statutory instrument.

    A Judge is NOT going to amend the address of a summons to satisfy where it was served rather than where it was meant to be served because a guess was made.

    http://www.courts.ie/rules.nsf/0c609d7abff72c1c80256d2b0045bb64/d331d5a55f7ce5a080256d2b0046a05e?OpenDocument



    The worst part of all of this Robbie, is that there is a summons out for someone who doesnt know about it that will quickly become an arrest warrant.

    I wasn't suggesting the Judge would change the address on the rear of the summons, I.e. The location of where the summons was served, but that it's reasonable common to see a judge amend the address on the front of the summons.

    I don't think it'll end up going to a bench warrant. Most district court judges will want a summons dealt with on first date for speeding, document type offences. Likely outcome is a conviction recorded if no appearance. The judge can have the Garda prosecute the offence to full proofs as if it was a hearing, and if satisfied, then it's a conviction.


  • #154
    C3PO
    Registered Users, Registered Users 2 Posts: 3,840 ✭✭✭C3PO


    If the case is heard and the OP is not present in court - he will be convicted ... end of story! The judge will not be in the slightest bit interested in "correct addresses" etc! The Guard will stand up and read the charge ... there will be no response ... and the judge will convict! It will take about two minutes! Getting that conviction overturned will be a lengthy, expensive process!


  • #155
    tbarry31
    Registered Users, Registered Users 2 Posts: 117 ✭✭tbarry31


    C3PO wrote: »
    If the case is heard and the OP is not present in court - he will be convicted ... end of story! The judge will not be in the slightest bit interested in "correct addresses" etc! The Guard will stand up and read the charge ... there will be no response ... and the judge will convict! It will take about two minutes! Getting that conviction overturned will be a lengthy, expensive process!




    Who are they going to serve any fine on or conviction to they don't know where I live now. At this stage I am only helping the Garda waste time and resources that could be used somewhere else.


  • #156
    Panrich
    Registered Users, Registered Users 2, Paid Member Posts: 4,035 ✭✭✭Panrich


    In this day and age, it is surely possible to track down the owner of a car via NCT, Tax office or insurance records? The one thing we DO know is that whoever was driving that particular car is the person who committed the speeding offence. He would have had to show a driving licence and insurance details on the day or subsequently, or the summons would also be for insurance/licence violation.

    With all this information, it should be possible to ensure that the correct person is summonsed in the first place and definitely could be re-checked when the address information does not match up.

    This level of error is bordering on unbelievable.


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  • #157
    Fighting Tao
    Registered Users, Registered Users 2 Posts: 6,507 ✭✭✭Fighting Tao


    tbarry31 wrote: »
    Who are they going to serve any fine on or conviction to they don't know where I live now. At this stage I am only helping the Garda waste time and resources that could be used somewhere else.

    It will be you convicted. They know your mothers home and they’ll find you if necessary.


  • #158
    tbarry31
    Registered Users, Registered Users 2 Posts: 117 ✭✭tbarry31


    So I finally got talking to the garda SGT who gave the summons to my mam. He apologised for giving the Summons in error and told me if I could possibly drop it back to the garda station with his name written on it for it to be sent back to the garda in Cahir.

    From what I gather when it arrived in my local Garda station he seen it knew it was my mam's address and because he knew her from sporting event's he decided to drop it out.


  • #159
    tbarry31
    Registered Users, Registered Users 2 Posts: 117 ✭✭tbarry31


    Fighting Tao wrote: »
    It will be you convicted. They know your mothers home and they’ll find you if necessary.

    They now know that the person who they are looking for didn't ever live at that address so they are now stuck in Limbo not knowing what to do.

    Just wondering why would they convict me when it is obvious its not me. You do know how they found my mam's address ? It was simply by typing my name into a welfare database and getting taking the 1st person with my name from it and getting last know address from that ( that is a garda's own words)


  • #160
    Fred Swanson
    Closed Accounts Posts: 21,723 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #161
    dr.fuzzenstein
    Banned (with Prison Access) Posts: 16,575 ✭✭✭✭dr.fuzzenstein


    tbarry31 wrote: »
    They now know that the person who they are looking for didn't ever live at that address so they are now stuck in Limbo not knowing what to do.

    Just wondering why would they convict me when it is obvious its not me. You do know how they found my mam's address ? It was simply by typing my name into a welfare database and getting taking the 1st person with my name from it and getting last know address from that ( that is a garda's own words)

    Proving once and for all that the Gardai couldn't catch a cold.


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  • #162
    RobbieMD
    Registered Users, Registered Users 2 Posts: 449 ✭✭RobbieMD


    dr.fuzzenstein wrote: »
    Proving once and for all that the Gardai couldn't catch a cold.

    20 odd criminal courts in Dublin would argue otherwise. It has to be a balancing act. I'll assume that the real offender didn't produce a licence and gave a false name/address when stopped by whatever Garda. If every person when stopped couldn't show a licence and was arrested imagine the outrage. Glad the op seems to be sorted anyway


  • #163
    Seth Brundle
    Moderators, Politics Moderators, Paid Member Posts: 43,849 Mod ✭✭✭✭Seth Brundle


    tbarry31 wrote: »
    You do know how they found my mam's address ? It was simply by typing my name into a welfare database and getting taking the 1st person with my name from it and getting last know address from that ( that is a garda's own words)
    The gardai don't have a welfare database!
    Are you seriously suggesting that they went to a social welfare office and got your details there?


  • #164
    tbarry31
    Registered Users, Registered Users 2 Posts: 117 ✭✭tbarry31


    kbannon wrote: »
    The gardai don't have a welfare database!
    Are you seriously suggesting that they went to a social welfare office and got your details there?


    I can only tell you what they told me I don't know if they do or don't have one. The Garda on the phone said we type your name into a database and get a last known address and from that we serve the summons.

    If they do or don't have one is not the point for me where ever they got my name or how why would they just choose somebody with the same name and try stick it on them for me that is just a huge waste of Gardai time by themselves. My thinking on it is they just found somebody with the same name as the summons found the closest address to that and stuck it on me then. A friend of mine who is a Garda himself think's that is exactly what happened


  • #165
    georgina toadbum
    Closed Accounts Posts: 364 ✭✭georgina toadbum


    They probably looked her up on pulse. Gardai don't have access to a 'welfare' database.


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