Republic of Ireland Law
Republic of Ireland Law Questions Answered by Experts
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.
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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.
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
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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?
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.