OT: Procedure regarding speeding

There's a few Gardai who are forum members. Don't give them any ideas.

I thought they had to either "pull you over" and give u a ticket, or else provide photographic evidence from the cameras?

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.

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.

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

Proof is usually the Guards word... usually without question -- most judges are cowardly -- it's their gang ---

They were solrs/barristers and dealt with guards on day to day basis... It stays the same... As they move up the ranks, it becomes Inspectors, Supers, Comissioner, dare I gay it the Minister for Injustice - that plonker McD who has the intelligence of a saviour but the cop on of a sewer rat...

i do think that either you or your wife will have to take the points on your licence, this happened me before driving the wifes car and a speeding fine came in the post and it turned out i had the car on the day of the speeding and i had to fill in the back of the fine to say i was driving and i got the points!!! i dont think the state can prove who was driving as they normally photo the rear of the car.. its a real bummer!!

I think a guy in the UK got off recently due to that technicality

Challange it all the way Paul. Say 4 or 5 people were driving the car that day. Might work. Other than that give the points to Chloe as a Christmas present. What? Bad idea? You can't buy points so I think it would be a truly original gift. And it won't effect her insurance as much as yours. I know thats mean but what ya gonna do?

I can drive other peoples cars on my insurance. If I borrowed a car from someone and they get a fine in the post because I drove past a gatso too fast the owner can blame it on me. But if I refuse to admit to it, or if I say someone else was driving and don't have contact details then what happens?

What if you're selling the car and a prospective buyer takes it for a test drive and gets caught by a gatso?

I think speed checks should only be done by the gardai in person, and a fine/ticket issued to the person in the drivers seat, not necessarily the cars owner.

I also think the obligatory 90 second delay a garda takes before talking to you (you know when they just stare at you like you have just killed 50,000 people, while they pace around the front of the car) is plain daft. This was very funnily re enacted by TJ and TJ on Today FM's Last Word a few weeks back. Fell around laughing. If they catch us speeding ie 94kph in an 80kph zone, they should just walk up and hand us the damn ticket.  

No offense to any Gardai who may read this. I know plenty of Gardai who are all sound, but it seems that only the pricks go out on check points.

Edited by flyingalexf68