OT: Procedure regarding speeding |
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bmwcare
Really Senior Member I Joined: 02-June-2006 Location: Galway Status: Offline Points: 321 |
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You do not have to be spoken to at the scene...
For ordinary stuff (careless driving, speeding without proof etc.) they need to Issue you with a NOTICE OF INTENT TO PROSECUTE within 14 days of the alleged offence. This is where the Guard has not given you a verbal caution "hey sir, I'm a guard, do ya want a beatin'? Ya saw what we did to McB in Donegal. We get away with it because we're tough and thick. I must inform you that you may be prosecuted under s** of the *** Act" etc. If not, the prosecution is flawed -- but not fatally so, especially if they can "prove" you evaded the serving of it. That actually makes it worse. There is provision in the legislation for serving it by registered post. If returned (addressee unavailable -- it's STILL not fatally flawed) but you've a good chance. A credible alibi would be helpful here. Read between the lines... ;) BMWcare bmwcare@eircom.net |
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US M3
Really Senior Member II Joined: 28-June-2005 Location: Ireland Status: Offline Points: 542 |
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So what would happen if the Guard was giving you a ticket and told your there was no penalty points with it, even though you tell him there is? Then you recieve a fine which is for something completely different and has double the points Edited by US M3 |
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denishogan
Really Senior Member II What’s this title thing about then? Joined: 29-March-2005 Location: Limerick, Ireland Status: Offline Points: 814 |
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Think you've been nabbed?
As topazman said, I imagine they'd need some sort of evidence to prove that the person in question was speeding at the time. Afterall, deniability is everything! Otherwise, hypothetically, a Garda could just issue speeding tickets to anyone they don't like. |
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topazman
Bavarian-Board Contributor Joined: 02-April-2004 Location: Ireland Status: Offline Points: 2629 |
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Nothing documented its just the procedure that is carried out certain offences you have to stop the poor misfortune, you don't have to meet the person for the likes of parking offences etc but ones for penalty points require the personnal touch
Edited by topazman |
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cr1272
Senior Member I Rockstars get up at the crack of noon.. Joined: 26-May-2005 Location: Dublin, Ireland Status: Offline Points: 127 |
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So in the event that there is no Gatso or video evidence, there can't be any prosecution? Is there anywhere that that is officially documented? Thanks Topazman. |
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topazman
Bavarian-Board Contributor Joined: 02-April-2004 Location: Ireland Status: Offline Points: 2629 |
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Can't be prosecuted unless stopped the exception is Gatso and video evidence
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cr1272
Senior Member I Rockstars get up at the crack of noon.. Joined: 26-May-2005 Location: Dublin, Ireland Status: Offline Points: 127 |
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I thought they had to either "pull you over" and give u a ticket, or else provide photographic evidence from the cameras?
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IamSpartacus
Moderator Group Joined: 21-November-2002 Location: Singapore Status: Offline Points: 3625 |
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Wouldn't have thought so..... don't they have to give you a notice of prosecution?
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flyingalexf68
Really Senior Member II Joined: 01-April-2006 Location: 53°19’59,6°14’56 Status: Offline Points: 2581 |
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There's a few Gardai who are forum members. Don't give them any ideas. |
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cr1272
Senior Member I Rockstars get up at the crack of noon.. Joined: 26-May-2005 Location: Dublin, Ireland Status: Offline Points: 127 |
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Chaps, I have a question. Can you be prosecuted for speeding if you weren't stopped at the time of the offence, OR, recorded on a speed detection device? IE, the cops were there, but didnt pull you over, and dont have evidence of any possible offence? I'm curious if they can fabricate an offence, and then charge you. |
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