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Ask Buachaill Your Own Question
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10174
Experience:  Barrister 17 years experience
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I have received notice of a registered letter on which my

Customer Question

I have received notice of a registered letter on which my name is ***** ***** This letter pertains to blood test results for a drink driving offence. Do I accept the name error as just an error or can I refuse to collect the letter?
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.

1. I regret to say that I would advise you to accept the letter. An error in spelling will not be sufficient to have service of a Summons struck out. Additionally, if you raise the issue of the incorrect spelling in court I regret to say that the prosecution will simply seek to amend the Summons to the correct spelling, there and then. This is always granted by the judge. Mistakes in spelling never succeed in avoiding successful prosecution. If they did, the courts would be full of people avoiding the weight of the law.

Customer: replied 1 year ago.
My name is***** but the blood test results are in the name Nigel Connors. Can I argue that I am not the person named?
Customer: replied 1 year ago.
if I collect the results is it an admission of their error?
Expert:  Buachaill replied 1 year ago.

2. You can argue anything in court. Including whether your name is ***** ***** not Nigel. However, the only issue is whether such a plea will be successful! I have attempted to make clear that minor mishaps by the Gardai or prosecution in naming someone never give rise to a strike out of the proceedings as the prosecution have ample powers of amendment.

3. Collecting the results does not prejudice you in making an argument about the name. There is no inherent admission in collecting the registered letter, if you subsequently attempt to argue the "name" point.

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