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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10529
Experience:  Barrister 17 years experience
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I have been summonsed for having no insurance on 3rd May

Customer Question

I have been summonsed for having no insurance on 3rd May last. However the summons states that the offence took place at Church Street, Slane co Meath.
It couldn't have as no such place exists, there are two streets in Slane, Main Street and Chapel Street, which is where I was stopped. does this error mean the summons is defective
Submitted: 8 months ago.
Category: Republic of Ireland Law
Customer: replied 8 months ago.
What's the delay
Customer: replied 8 months ago.
Okay how do i get a refund of my 3.50, I still have no answer
Customer: replied 8 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Buachaill replied 8 months ago.

1. Dear Gerry, the fact the address at which the offence was committed is wrong does not invalidate the Summons. Essentially, the prosecution can at any time seek an amendment of the Summons so as to ensure it states the correct address and location of where the offence was committed. Accordingly, you need to box clever in dealing with the matter. I would advise you to get yourself a good Road Traffic solicitor to represent you in the District Court to defend the Summons. In doing so, the solicitor should get the Garda to give his evidence to include the incorrect address and location of where the offence was committed. Then your solicitor should move, upon the conclusion of the Garda evidence for a direction that the charge is bad, as the incorrect location of the offence has been given. However, it is essential that the Gardai should have finished their evidence as they can apply to amend at any stage so you need to cut off this possibility. In this way, you will successfully defend a prosecution under this Summons.

Expert:  Buachaill replied 8 months ago.

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