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Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 8439
Experience:  Barrister 17 years experience
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I was stopped by a guard for speeding several weeks ago and

Resolved Question:

I was stopped by a guard for speeding several weeks ago and received the fixed charge notice in the post. Upon reviewing the notice, I observed that the car registration is incorrect (one digit incorrect). All other details are correct. Is the notice still valid and the charge/points still applicable?
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.

Buachaill :

1. Where the registration number of the car is incorrect in a summons, then there is a defect in the Summons which can prevent a conviction. However, you need to be careful how you play this situation as the Gardai can apply at any stage for an amendment of the Summons to the correct registration number. Accordingly, you should get yourself a solicitor experienced in Road Traffic matters to defend and represent you at the hearing. The key thing for the solicitor is to allow the Gardai give their evidence in chief and then at the conclusion of the Garda case, to apply for a direction to dismiss on the basis that the Summons is incorrect. Essentially, your solicitor needs to allow the Gardai to go so far that they no longer can go back and amend the summons. So you need an experienced solicitor to handle this case for you in order that you get off.

Buachaill :

Please RATE the Answer positively so that I may get paid

Customer:

My question related to the incorrect registration on a fixed charge notice, not a summons. I have not received the summons as i am still within the timeframe for paying the fixed charge notice. Please advise.

Buachaill :

2. It is the same situation whether it is a fixed charge notice or a Summons. If you decide to pay the fixed charge notice, then that is the end of it. If you don't, then the matter proceeds to there being a summons issued. You are then left with the situation I have already outlined to you. So really your choice is whether you pay the fixed charge notice or let it go to a summons and fight it on the basis that the registration number is XXXXX

Buachaill :

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Customer:

So if I notify the Gardai that I am not the registered owner of the vehicle stated in the fixed charge notice, can they seek to have the fixed charge notice amended and a new notice issued with the correct registration information?

Buachaill :

3. Yes, I have sought to point out to you that at any stage the Gardai have the power at any stage to amend a fixed charge notice or a summons, even during the hearing of the case before a judge.

Buachaill, Lawyer
Satisfied Customers: 8439
Experience: Barrister 17 years experience
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