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It's about a fixed penalty notice if they got your name

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wrong on the notice is...
It's about a fixed penalty notice if they got your name wrong on the notice is that grounds to have it dismissed
Submitted: 8 months ago.Category: Republic of Ireland Law
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11/24/2017
Solicitor: Buachaill, Lawyer replied 8 months ago
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 11,229
Experience: Barrister 17 years experience
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Solicitor: Buachaill, Lawyer replied 8 months ago

1. Dear Martin, the first thing you need to realise is that just because a fixed penalty notice does not have your correct name on it, this does not amount to grounds to have it dismissed. This is because the case goes to court if you don't pay the fixed penalty notice. If in court the Garda gets your name correct, then the prosecution is fully valid and you can be successfully prosecuted for the offence. However, if the Garda gets your name wrong and your solicitor applies to have it struck out on this basis, then you will win.

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Solicitor: Buachaill, Lawyer replied 8 months ago

2. However, be aware that often if the incorrect name is ***** ***** court, the prosecuting Garda Superintendent will seek an amendment to reflect your correct name. This is something within the discretion of the District Judge. So, be aware that you will have to fight the case in court for the case to go your way and the result obtained will depend upon the attitude of the District Judge. So, there is no hard and fast rule that if the name on a fixed penalty notice is wrong that you will end up with the case dismissed.

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Solicitor: Buachaill, Lawyer replied 8 months ago

3. If you are intending fighting this case, then I would suggest you get a good Road Traffic solicitor. Be aware that you will have to pay the solicitor whether you win or not. So factor this into your decision when deciding whether to fight the case.

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Solicitor: Buachaill, Lawyer replied 8 months ago

4. Be aware additionally that less than 70% of Road Traffic cases result in a successful prosecution. So, your odds are about one in three.

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Solicitor: Buachaill, Lawyer replied 8 months ago

5. Please Rate or Accept the answer as unless you do so your Expert will not receive payment from the website for answering your question.

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