# Someone gave my name to guards when stopped driving.



## barcelona (10 Dec 2006)

Hello all,
           I have received a summons in the door teling me to appear in court over a driving offence.This happened last Oct. and the summons says 'while there was not fixed to and exhibited on the vehicle a license which is both issued in respect of the said vehicle and for the time being in force'.
            I am not sure if this is about the tax or the insurance.I am going to telephone the guard but it is unlikely he will remember the persons' face.The registration of the car is given but I do not know it.I have not driven any car this year.I suppose the guard will not give me the registered address of the car.I cannot think of anybody who would know my full address and would be in a situation like this.
                                                                     I am not worried but I presume I should speak to a solicitor.Has anyone had any experience of something like this before.
                                   Thanks.


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## Guest127 (10 Dec 2006)

Sorry Barcelone but this post made me smile. reminded me of a garda raid on a pub a few years ago and the guards had lined everyone up and were taking names and addresses for late drinking. one fella excused himself from the line and said he had to go wee wee's. when he returned and was stopped by the garda he said that he had already given his name and stated it was _'paddy murphy'_ as he knew paddy was in the queue and had already given his name. so off he went and next day at work he was boasting about how he used paddy's name to avoid giving his own and the guards hadn't copped it. hand on shoulder from his drinking mate with a 'sorry about this mick but I saw what you did and gave your name and address' sorry Barcelona. anyway if its related to a non tax of the car they should have the name and address the car was registered in at the time. did you have a car previous and sell it without filling in the form? if its insurance ( more likely) you will probably have to prove that you didn't own/ drive the car in question on the date in question.


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## Lemurz (10 Dec 2006)

My mother got a speeding fine a few weeks back, claiming her car was caught speeding in Ringsend.  As she nor the car were nowhere nearby at the time/date, she queried the fine.  After speaking with the Garda in question, she confirmed the make/model/colour did not match their notes, so they conceeded they must have written down the Reg no inaccurately.  However, she still had to send a letter to the local Garda inspector explaining the facts in order to have the fine quashed (which was confirmed in writing by reply)


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## serotoninsid (11 Dec 2006)

Someone rang the trafficwatch no. and gave them my reg. on the basis they thought my driving was dangerous.  Coming into the next town, I was pulled in by the cops.
This isnt going any further but I wonder what the legal position is on this if you dispute another road users interpretation of dangerous driving?


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## Vanilla (11 Dec 2006)

Barcelone- I think a phone call or visit to the guard might well clear it up without the need to consult a solicitor.

serotoninsid, hypothetical questions should seldom be asked and never answered.


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## Gone Fishin' (11 Dec 2006)

serotoninsid said:


> Someone rang the trafficwatch no. and gave them my reg. on the basis they thought my driving was dangerous.  Coming into the next town, I was pulled in by the cops.
> This isnt going any further but I wonder what the legal position is on this if you dispute another road users interpretation of dangerous driving?



The procedure is as follows.

1. The Gardai normally stop the alleged offender and issue a warning.
2. The person who makes the original complaint is asked if they are prepared to make a formal statement outling the alleged offence.
3. The DPP are presented with the same statement and decide if a charge is brought against the alleged offender.
4. The alleged offender is served with a summons to appear in court.
5. The court case is heard with the Gardai bringing a prosecution against the alleged offender based on the evidence of the original complainee. 

As for a conviction? It depends on the allegation, the evidence and the witnesses. If there were more than one complainees you might have something to worry about. If there was only one complaint it might be difficult for the Gardai to prosecute, and they might decide to leave it at a warning.


What was the nature of the complaint?


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## uncorked (11 Dec 2006)

Something kind of similar happened to my father about ten years ago, where 2 things went wrong, the person stopped by the guards gave a false name (not my fathers name).  Guards called to our house a couple of weeks later looking to know why my father hadn't handed in his driving licence etc to the garda station.  My father obviously knew nothing about it and wasn't in the area at the time in question.  The guards said he gave a false name but they had the reg number.  Eventually my father figured out that the make and model details etc taken down by the guard were not for any vehicle owned by my father.  The guard had obviously got one digit wrong on the reg.  

I know that story doesn't help the OPs situation.  But, barcelona I'm sure this isn't the first time the guards have come across this situation.  There has to be some leeway there.


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## serotoninsid (11 Dec 2006)

Vanilla said:


> serotoninsid, hypothetical questions should seldom be asked and never answered.


You've lost me there, vanilla?



			
				Gone Fishin' said:
			
		

> What was the nature of the complaint?


Overtaking dangerously.


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## dereko1969 (11 Dec 2006)

barcelona - if the garda in question had done his/her job fully and asked for the driver licence that we are all required to carry this issue should not have arisen, you might ask the garda that (mind you, only *after* having persuaded them that you were not the person in question).


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## legend99 (11 Dec 2006)

That traffic confidential line always has me wondering...I mean it comes down to your word against someone elses in most cases...how could that possibly lead to a conviction


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## Alias (11 Dec 2006)

I was told by someone involved with the traffic line that they will often get more than one complaint about a person, in which case it is much easier to prosecute.  Just one complaint probably isn't worth pursuing.  But three would certainly build a case...


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## BlueSpud (12 Dec 2006)

Vanilla said:


> Barcelone- I think a phone call or visit to the guard might well clear it up without the need to consult a solicitor.
> 
> serotoninsid, hypothetical questions should seldom be asked and never answered.



did you mean rhetorical questions?

joe Duffy quote: Now there's a rhetorical question that demands an answer!


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## polo9n (14 Dec 2006)

Being accused by gardai yesterday for queue skipping at junction, but it wasn't me, he spotted the wrong car and he asked if i want a ticket as i protested..so backed off even though hes wrong and he make me to go into the lane he thought i skipped from and i have to go around the one way system route.god know wat will happen next if i insisted!
didn't get a ticket eventually, but has anyone come across situation like this! frustrated but no ticket given, so feck it


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## Vanilla (14 Dec 2006)

No, Bluespud, I meant hypothetical. As in, what if? Since real life situations have so many aspects and contexts it is too difficult to answer hypothetical questions and frustrating to be asked  ( well it happens quite a bit in my line of business).


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## Alias (14 Dec 2006)

polo9n said:


> Being stopped by gardai yesterday for queue skipping at junction, obviously he spotted the wrong car and he asked if i want a ticket as i protested..so backed off even though hes wrong and he make me to go into the lane he thought i skipped from and i have to go around the one way system route.
> didn't get a ticket eventually, but has anyone come across situation like this! frustrated but no ticket given, so feck it


 
Saw exactly that happen in Sandyford one day, about a year ago.  A guy took the left turn lane to skip the queue in the right turn lane.  He then went around a traffic island to turn right.  Gardai on a motorcycle stopped him and sent him in the other direction (through the one way maze) and I think I cheered!


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## polo9n (14 Dec 2006)

yes that happened in Sandyford as well rite outside the Becon Hotel.
But i wasn't skipping the queue and he thought that was me???
and eventually make me turn rite...how crazy is that??
he threaten to give me a ticket as he convinced i am the one??


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## polo9n (14 Dec 2006)

Fair enough they are(Gardai) only doing the job and as a human we do make mistake. didn't want to argue with him as the chance is he will think hes right and eventuall give me a ticket ! in this case i throw away my dignity in return for a piece of mind!


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## ClubMan (14 Dec 2006)

polo9n said:


> in this case i throw away my dignity in return for a piece of mind!


Like a frontal lobotomy you mean?


> *i really like to get an opinion if i stood up the chance will i get the sticks?*


Perhaps if you make your question intelligible people might be able to comment?


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## polo9n (14 Dec 2006)

i doubt it people got confused, if they read the story top to bottom..

just like the moron who stopped me if he do pay a bit of attention


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## barcelona (20 Oct 2007)

So I rang the station to find out when the Garda would be there.I went down and asked for him.He came to the hatch and I explained I have never seen or driven that car.I had brought summons and passport and my own insurance cert. but didn't take them out of my pocket.He whipped,well dragged his diary out and looked up his diary for the court date.He looked up my my name and said we will call that a strike out.
All in all it took about 60 seconds.All nice and pleasant.


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## taponavillus (20 Jan 2008)

better turn up in ct to ensure it is struck out. if you fail to appear and the garda forgets to strike it out you will be fined etc and the only way out of that is to appeal to the circuit courtc


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