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Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10530
Experience:  Barrister 17 years experience
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I received a fixed charge offence in the post today.

Customer Question

I received a fixed charge offence in the post today. In the paragraph of the alleged offence section it reads '' in a public place at N69, Dock Road Limerick. As I research a bit the Dock, Road. Limerick is the R510. Would this mistake be grounds for a dismissal in court if it was to be taking that far.
John O Connor.
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 2 years ago.
1. I regret to say that this will not be grounds which will get a summons dismissed. This is because the road number is ***** an essential feature of the elements of the offence. So long as the place where the incident occurred is in a public place and has been identified clearly, then the case will not be dismissed because the road number is ***** Additionally, you should realise that the prosecution in a District Court prosecution has the widest powers of amendment. This means that if you raise this issue and it is thought material, then the prosecution can immediately apply to amend the terms of the Summons. This is always granted. It essentially means that the prosecution can always mend their hand half way through a prosecution. So technical defects can be overcome.
Customer: replied 2 years ago.

Thank you, ***** ***** help.



Expert:  Buachaill replied 2 years ago.
2. Please RATE the Answer
Customer: replied 2 years ago.
Very happy with answer would highly recommend.
Expert:  Buachaill replied 2 years ago.
3. It is necessary that you rate the Answer within the site rating system
Customer: replied 2 years ago.


Expert:  Buachaill replied 2 years ago.
Dear *****, Please use the onsite rating system to RATE the Answer