Incorrectly charged penalty points for the wrong offence

I

Iano

Guest
Does anyone else have experience of this:
Was stopped by the Garda on the N11 in Wicklow for allegedly 'entering a hatched marked area' of the road - this is the offence that the Garda stated as being the reason I was stopped. But I received a fixed charge and penalty point notice last week with the alleged offence stated as 'crossing a white line'.

I am thinking that I have a chance at successfully defending myself because the stated charge is not the same as the one I was stopped for. They are clearly two separate charges on the list of penalty point offences. And there is a difference of 1 point between them.

Does anyone have experience of successfully defending themselves in such a case, ie being stopped for one offence, but being charged with another? Would the case be thrown out or could the judge charge me with the original alleged offence?

Also, is the Garda obliged to give me some paperwork when he stops me, because he intends to issue me with a notice by post, or is he obliged to notify me that I will be penalised? He didn't do either.

Thanks in advance
 
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