Is this fine valid - wording sounds wrong?

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Alleged offence:
'failure to drive on the right on approaching a junction when turning right from a one-way street.'

I was on a motorbike, with a car was seriously up my rear. In a stupid attempt to get the heat off I pulled INTO what was a no-entry. Turns out they were guards and I got the fine above.

Can I dispute the validity of the fine?
I wasn't turning right FROM a one-way street. Does this not invalidate the fine like an incorrect reg plate details would?

I got a fine but didn't pay it before the 56 days so presumably I have to go to court now - it's local (Dublin), I don't mind that.

My question is - can I ask judge to strike it out if it's claiming I did something I can swear on oath that I didn't?

Would appreciate all advise,
thanks
 
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Moved from Askaboutlaw to motoring related issues which is where this type of question is discussed
 
sparkeee said:
your oath verses a garda oath i know who the judge will be listening to.
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Don't think it is that clear cut - if the OP has described the event correctly then the summons / offence is incorrect and should be dismissed.

What should really happen then is that the OP is re-summonsed for the correct offence and pays the fine.

Disclaimer: I'm no lawyer, so I could be talking absolute rubbish
 
Maybe the guards were following the OP in the first place because he committed the offense earlier? Just a thought. What did they say at the time (if anything)?
 
[I replied earlier but my response doesn't seem to have shown up - apologies if it comes through twice].

I was driving from City Centre (dublin) down Townsend St, which itself is one-way. I had done nothing illegal at that point.

I turned right, into a NO-ENTRY ie. a ONE-WAY that EXITS onto Townsend St. This was the offense, I know that was wrong.

Personally I'm with you EFM, surely I am not guilty of the offence as accused. However I would have thought they cannot adjust the wording on the spot and say 'ok now you're guilty'. Presumably I should stick to my guns that I didn't do as accused and NOT say 'but this is what I did' or I am guilty by admission?

I would have thought that a court-hearing is designed to hear pleads of guilty or not. The point is that unless I'm missing something major in the wording about I am not-guilty of the offence as stated and should not plead/be found guilty to an offence I didn't commit.
 
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The Gardai often get the offenses slightly wrong. Wrong locations, misspellings etc..

What happens in these minor cases and minor errors when the error is pointed out is that the summons can be corrected in court and immediately reissued.

Getting the offense wrong is a fairly big error, but is it possible they've done you a favour, going up a one way street is a points offense, it sounds like you just got a fine with what they've charged you with.
 
Were you not turning from a one way street when you turned? Townsend Street being a one way street?
 
If you feel you did nothing wrong - I would go to court. I fought a ticket a couple of months ago in court and won. 70% of the cases were thrown out and the judge generally looks favourably on the defendant, if you are able to defend yourself. I brought pictures I took with me of where the incident took place and the Lady garda really tried to get me with a bit of embellishment .
From what I heard she had a thing against Motorbikes as other people I knew had been caught by the exact same Garda.
Anyhow turning up is half the battle - I would not fight it on the wording though.
 
talk to a solicitor. S/he should be able to advise.

failing that claim you never got the ticket in the post, a lot of people getting off with that one;)
 
drakey1 said:
Were you not turning from a one way street when you turned? Townsend Street being a one way street?
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There's nothing wrong with turning from a one-way street (provided, of course, you were going in the correct direction on the one-way street). :)
 
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