OT: Procedure regarding speeding
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Printed Date: 06-May-2024 at 03:36
Topic: OT: Procedure regarding speeding
Posted By: cr1272
Subject: OT: Procedure regarding speeding
Date Posted: 16-October-2006 at 18:55
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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. ------------- Current: Black '00 e46 323 CI auto Previous: Black '02 Peugeot 206 XSI http://www.fairuzamusic.com - www.fairuzamusic.com http://www.myspace.com/fairuza - www.myspace.com/fairuza http://www.dogtrainingireland.ie - www.DogTrainingIreland.ie |
Replies:
Posted By: flyingalexf68
Date Posted: 16-October-2006 at 18:57
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There's a few Gardai who are forum members. Don't give them any ideas. ------------- 1995 e36 3.0 M3 Coupe, Daytona Violet, AP Racing BBK, CCFL Angel Eyes, M3 Spoiler, M-Tec 3 Steering Wheel. 2000 530d Steptronic, Poverty Spec, 18" Alloys. |
Posted By: IamSpartacus
Date Posted: 16-October-2006 at 18:58
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Wouldn't have thought so..... don't they have to give you a notice of prosecution?
------------- The world is a tragedy to those who feel, but a comedy to those who think. |
Posted By: cr1272
Date Posted: 16-October-2006 at 19:07
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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? ------------- Current: Black '00 e46 323 CI auto Previous: Black '02 Peugeot 206 XSI http://www.fairuzamusic.com - www.fairuzamusic.com http://www.myspace.com/fairuza - www.myspace.com/fairuza http://www.dogtrainingireland.ie - www.DogTrainingIreland.ie |
Posted By: topazman
Date Posted: 16-October-2006 at 19:14
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Can't be prosecuted unless stopped the exception is Gatso and video evidence ------------- Now 2004 M3 Coupe Silver Grey with all the bits |
Posted By: cr1272
Date Posted: 16-October-2006 at 19:18
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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. ------------- Current: Black '00 e46 323 CI auto Previous: Black '02 Peugeot 206 XSI http://www.fairuzamusic.com - www.fairuzamusic.com http://www.myspace.com/fairuza - www.myspace.com/fairuza http://www.dogtrainingireland.ie - www.DogTrainingIreland.ie |
Posted By: topazman
Date Posted: 16-October-2006 at 19:50
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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 ------------- Now 2004 M3 Coupe Silver Grey with all the bits |
Posted By: denishogan
Date Posted: 16-October-2006 at 20:26
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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. ------------- 
http://www.irishhillclimb.com - Irish Hillclimb and Sprint Championship |
Posted By: US M3
Date Posted: 17-October-2006 at 12:52
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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 ------------- 1990 E30 M3 (US MODEL) 2008 BMW 520D M SPORT |
topazman wrote:
Posted By: bmwcare
Date Posted: 17-October-2006 at 14:23
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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 |
Posted By: denishogan
Date Posted: 17-October-2006 at 14:59
WTF? Holy crap... so you can be caught for speeding (or any other motoring offence) without proof?!? Does that not strike anyone as being a little dodgy? -------------
http://www.irishhillclimb.com - Irish Hillclimb and Sprint Championship |
Posted By: bmwcare
Date Posted: 17-October-2006 at 15:23
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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... |
Posted By: llatsni
Date Posted: 17-October-2006 at 16:14
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Last week we got a "speeding fine" / "penalty points" letter in the post... problem is we genuinely dont really know who was driving the car as it could easily have been myself or the wife, the only "evidence" provided is a photo of literally only the number plate of the car.
Do i have any grounds to contest? Surely I'm not obliged to provide the evidence which can "convict" me in this case??? Surely it should be up to the state to provide the evidence that either my wife or I was the one actually speeding?????????? Any ideas? Paul ------------- 1996 e34 525i SE Touring [uberwagon!] 1992 e36 325i Coupe [track car] 1998 e36 316i SE Saloon [sold... but missed] |
Posted By: lukeduke
Date Posted: 17-October-2006 at 16:22
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!! ------------- Previous: 2001 M3 2004 M3 CS. Current: 2007 318D SE SALOON. |
Posted By: llatsni
Date Posted: 17-October-2006 at 16:24
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@luke: isnt that the same as providing the evidence yourself that convicts you? ------------- 1996 e34 525i SE Touring [uberwagon!] 1992 e36 325i Coupe [track car] 1998 e36 316i SE Saloon [sold... but missed] |
Posted By: JohnH
Date Posted: 17-October-2006 at 16:24
| I think a guy in the UK got off recently due to that technicality |
Posted By: lukeduke
Date Posted: 17-October-2006 at 16:30
------------- Previous: 2001 M3 2004 M3 CS. Current: 2007 318D SE SALOON. |
Posted By: flyingalexf68
Date Posted: 17-October-2006 at 16:38
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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? ------------- 1995 e36 3.0 M3 Coupe, Daytona Violet, AP Racing BBK, CCFL Angel Eyes, M3 Spoiler, M-Tec 3 Steering Wheel. 2000 530d Steptronic, Poverty Spec, 18" Alloys. |
Posted By: UJM3
Date Posted: 17-October-2006 at 17:04
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"Last week we got a "speeding fine" / "penalty points" letter in the post... problem is we genuinely dont really know who was driving the car as it could easily have been myself or the wife, the only "evidence" provided is a photo of literally only the number plate of the car. " Is it possible to create a scape goat for such matters, like if you have a relative in england who still has a irish drivers licence or an elderly relative who no longer drives who could take the points? Or would the question of the person being insured on the vehicle come up.. Is a law being broke if proven otherwise? |
Posted By: flyingalexf68
Date Posted: 17-October-2006 at 17:16
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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. ------------- 1995 e36 3.0 M3 Coupe, Daytona Violet, AP Racing BBK, CCFL Angel Eyes, M3 Spoiler, M-Tec 3 Steering Wheel. 2000 530d Steptronic, Poverty Spec, 18" Alloys. |
Posted By: topazman
Date Posted: 17-October-2006 at 17:22
Wait til the private companies start operating then I will bet that this topic will really get heated  ------------- Now 2004 M3 Coupe Silver Grey with all the bits |
Posted By: denishogan
Date Posted: 17-October-2006 at 17:41
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Sorry to go back to this again lads, but I just want to get one thing straight... Are ye saying that a speeding fine and points can be issued against you based solely on a Garda's "word"? What happens if the Garda takes note of the wrong registration?? I'm afraid it does happen!!! This isn't a dig at the Gardai... we all make mistakes - hell, I make at least four good mistakes an hour! -------------
http://www.irishhillclimb.com - Irish Hillclimb and Sprint Championship |
Posted By: US M3
Date Posted: 17-October-2006 at 19:49
Anybody know is there anything I can do about this? ------------- 1990 E30 M3 (US MODEL) 2008 BMW 520D M SPORT |
Posted By: US M3
Date Posted: 21-October-2006 at 02:33
I have found a way tonight, solicitors and Garda they work great together with a few pints ------------- 1990 E30 M3 (US MODEL) 2008 BMW 520D M SPORT |
Posted By: highbeem
Date Posted: 21-October-2006 at 19:22
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Hi lads I've seen a product advertised that is applied to the rear plate of the Car that reflects the flash of anyone taking pictures of your number plate. Nearly sure was in an American car magazine i.e Road & Track, Motor trend. I'll have a look through some when i get home. Dan ------------- Highbeem E46 323Ci |
Posted By: lukeduke
Date Posted: 21-October-2006 at 20:03
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heard about this before alright!!! surley its highly illegal, if you get caught!! ------------- Previous: 2001 M3 2004 M3 CS. Current: 2007 318D SE SALOON. |
Posted By: Mick525i
Date Posted: 21-October-2006 at 20:12
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Anyone how has stud infront of the justice and tried to make out that the Garda is mistaken will never win. I tried in Kells court when a Garda said that on comming cars had to get out of my way when I was over taking. This was not the case infact the road ahead was empty. I sugested the the justice that this was the only case I had in my head and that the Garda who had 10 cases that day could be mistaken. He said "how should I beleive?? you or the Garda before me".. I got fined £250..... Mick
------------- Cheers Mick 
BMW E21 318 1980 BMW E39 525i 2002 MTech VW Golf Gti 2003 |
Posted By: kbannon
Date Posted: 21-October-2006 at 21:07
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The reflective plates seemingly don't work with cameras that don't flash (non Gatso cameras). This leaves you open to being caught by a garda standing at the side of the road or a mobile patrol, etc.
------------- Current: 2009 E60 520d "Sport" tractor Previous: 1989 E30 320i SE 1997 E39 523i 2003 E39 525i Sport Individual |
Posted By: highbeem
Date Posted: 22-October-2006 at 00:27
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Thanks Killian Did'nt know we had different types of stationary cameras. My quota of new Knowledge for the day.
------------- Highbeem E46 323Ci |
Posted By: denishogan
Date Posted: 22-October-2006 at 18:00
That is freakin' outrageous! -------------
http://www.irishhillclimb.com - Irish Hillclimb and Sprint Championship |