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Motor Law Answers  » Court Summons contains typing error, can I plead not guilty?

Court Summons contains typing error, can I plead not guilty?

FAQ

I have received a Summons to attend Court for a speeding offence. There is a typing error on the Summons as it incorrectly quotes the date of the offence as the date of the Summons! Can I plead not guilty and get the case thrown out of Court due to a technical error/technicality?

Your case will not be dismissed on this basis.  There is a “slip rule” that allows errors to be corrected at Court immediately prior to the hearing commencing. In order for the case to be dismissed on such a technicality, you would need to show that the error is of such a fundamental nature, that you are genuinely unaware of the basis of the allegation and thus cannot prepare a defence. If you know exactly what the case relates to (which must be the scenario or you would not know that the date is wrong) the Court will allow the amendment on the basis that you are not prejudiced.

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