Name wrongly spelt on NIP
Discussion
Possibly one for Agtlaw, but does anyone know what the chances are of getting an NIP chucked out for being defective over a spelling mistake on the name? A quick google suggests it’s not clear cut.
My brother’s had one come through, but they’ve mispelt the last letter of his first name - Harrt instead of Harry. I’m waiting to find out from him whether his name is also wrong on the V5, as if so then they’ve just pulled it directly from DVLA and he’s got no leg to stand on.
My brother’s had one come through, but they’ve mispelt the last letter of his first name - Harrt instead of Harry. I’m waiting to find out from him whether his name is also wrong on the V5, as if so then they’ve just pulled it directly from DVLA and he’s got no leg to stand on.
FWIW I successfully challenged a speeding ticket that would have led to a ban in court on totting up because the Police paperwork described my car as Silver and my V5 said Green.
Everything else was correct.
I pointed this out.
They withdrew.
In fairness to the Officer it was dark, under amber sodium street lights and my BMW was Opal Green:
I considered myself a very lucky boy & have been mostly more sensible since.
Mostly.
Point remains; if it isn’t right it’s wrong.
Everything else was correct.
I pointed this out.
They withdrew.
In fairness to the Officer it was dark, under amber sodium street lights and my BMW was Opal Green:
I considered myself a very lucky boy & have been mostly more sensible since.
Mostly.
Point remains; if it isn’t right it’s wrong.
Turkish91 said:
Possibly one for Agtlaw, but does anyone know what the chances are of getting an NIP chucked out for being defective over a spelling mistake on the name? A quick google suggests it’s not clear cut.
My brother’s had one come through, but they’ve mispelt the last letter of his first name - Harrt instead of Harry. I’m waiting to find out from him whether his name is also wrong on the V5, as if so then they’ve just pulled it directly from DVLA and he’s got no leg to stand on.
Zero chance. My brother’s had one come through, but they’ve mispelt the last letter of his first name - Harrt instead of Harry. I’m waiting to find out from him whether his name is also wrong on the V5, as if so then they’ve just pulled it directly from DVLA and he’s got no leg to stand on.
agtlaw said:
Turkish91 said:
Possibly one for Agtlaw, but does anyone know what the chances are of getting an NIP chucked out for being defective over a spelling mistake on the name? A quick google suggests it’s not clear cut.
My brother’s had one come through, but they’ve mispelt the last letter of his first name - Harrt instead of Harry. I’m waiting to find out from him whether his name is also wrong on the V5, as if so then they’ve just pulled it directly from DVLA and he’s got no leg to stand on.
Zero chance. My brother’s had one come through, but they’ve mispelt the last letter of his first name - Harrt instead of Harry. I’m waiting to find out from him whether his name is also wrong on the V5, as if so then they’ve just pulled it directly from DVLA and he’s got no leg to stand on.
Stick Legs said:
FWIW I successfully challenged a speeding ticket that would have led to a ban in court on totting up because the Police paperwork described my car as Silver and my V5 said Green.
Everything else was correct.
I pointed this out.
They withdrew.
In fairness to the Officer it was dark, under amber sodium street lights and my BMW was Opal Green:
I considered myself a very lucky boy & have been mostly more sensible since.
Mostly.
Point remains; if it isn’t right it’s wrong.
If true then you had a weak prosecutor. Everything else was correct.
I pointed this out.
They withdrew.
In fairness to the Officer it was dark, under amber sodium street lights and my BMW was Opal Green:
I considered myself a very lucky boy & have been mostly more sensible since.
Mostly.
Point remains; if it isn’t right it’s wrong.
agtlaw said:
If true then you had a weak prosecutor.
Well I have better things to do than make up ‘cool stories’ for the internet so I guess it was my lucky day.I went to magistrates court and it went a bit like this:
“Were you driving your silver BMW on *date at *time in *place?”
“No, my BMW is green, it says so on the V5.”
Bit of conferring on the bench.
I was told they were going to sort it out & I may be recalled later.
Never was.
Driver101 said:
I would hope a simple typo is not justification for throwing out a case. It's a bit poor trying to worm out of something over something so trivial.
The CPS has the slip rule. It allows the correction of minor typographical errors.Our procedure was different. When someone pointed out the typo in court, we just asked the judge to dismiss the case without prejudice and then filed it again with the typo corrected.
Driver101 said:
I would hope a simple typo is not justification for throwing out a case. It's a bit poor trying to worm out of something over something so trivial.
I would agree but he’s been caught doing 35 in a 30 in a small village out in the sticks with about 20 houses if that, along an extremely quiet NSL road. Having looked at the pictures he’s been caught going away from the mobile unit, probably 10-15m before it returns to NSL so he’s just let his speed creep ever so slightly before the sign change. I assume the “144.0m” in the corner of the pic is the distance he was from the unit. Also to add, at 7:14pm, hardly the rush hour/school run/crime of the century. But… laws the law isnt it.Edited by Turkish91 on Sunday 25th September 17:30
Stick Legs said:
Well I have better things to do than make up ‘cool stories’ for the internet so I guess it was my lucky day.
I went to magistrates court and it went a bit like this:
“Were you driving your silver BMW on *date at *time in *place?”
“No, my BMW is green, it says so on the V5.”
Bit of conferring on the bench.
I was told they were going to sort it out & I may be recalled later.
Never was.
If true that the Statement of Offence contained the car colour (which certainly isn’t usual practice in 2022) then the information should have been amended and you would have been entitled to an adjournment, of course. What’s your defence now? As above, weak prosecutor. I went to magistrates court and it went a bit like this:
“Were you driving your silver BMW on *date at *time in *place?”
“No, my BMW is green, it says so on the V5.”
Bit of conferring on the bench.
I was told they were going to sort it out & I may be recalled later.
Never was.
NMNeil said:
The CPS has the slip rule. It allows the correction of minor typographical errors.
Our procedure was different. When someone pointed out the typo in court, we just asked the judge to dismiss the case without prejudice and then filed it again with the typo corrected.
Court, not CPS. Lucky to find a judge in a magistrates’ court. Our procedure was different. When someone pointed out the typo in court, we just asked the judge to dismiss the case without prejudice and then filed it again with the typo corrected.
s.123 MCA 1980
s.142 MCA 1980
CrimPR 2020, Rule 28.4
All of which may be called “the slip rule” but most commonly applied to sentencing errors.
agtlaw said:
NMNeil said:
The CPS has the slip rule. It allows the correction of minor typographical errors.
Our procedure was different. When someone pointed out the typo in court, we just asked the judge to dismiss the case without prejudice and then filed it again with the typo corrected.
Court, not CPS. Lucky to find a judge in a magistrates’ court. Our procedure was different. When someone pointed out the typo in court, we just asked the judge to dismiss the case without prejudice and then filed it again with the typo corrected.
s.123 MCA 1980
s.142 MCA 1980
CrimPR 2020, Rule 28.4
All of which may be called “the slip rule” but most commonly applied to sentencing errors.
So the Police haven’t actually made an error 
I got one for not displaying a tax disc ,(it was taxed just didn’t but the disc in the window) they wrote blue Ford Fiesta on the ticket , it was a red Astra!!! I tried getting the ticket deleted but they said unless is had a fundamental effect on the offence it was tough and my option was as pay up or take the court option .
IMHO you have no chance
IMHO you have no chance
NMNeil said:
stemll said:
Do they have magistrates' courts in New Mexico?
We have a s
tload of courts.Traffic
Municipal
Probate
Magistrate
New Mexico District
Federal District
New Mexico Court of Appeals
Supreme Court of New Mexico
Federal Court of Appeals
Supreme Court of the United States
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff