Penality Points & Abuse Of Power. Advise Please.

Hi all,

I am reaching out here as I really need some advice and opinion on the following matter.

On Feb 26th 2016, at around 8.25 in the evening., a white car pulled up beside mine at traffic lights on Bothar Na Drabh, in Galway. As it pulled up and stopped abruptly, it caught my attention, so I looked across at it. There was a female Garda sitting in the passenger seat, the car was a white, unmarked Hyundai. I looked away again and thought more of it.

As I pulled away from the lights, it crossed over into the lane behind me, and stayed behind me as I crossed Galway city. I was stopped in traffic outside Dunnes Stores on the Headford Road, when I noticed the white Hyundai, still behind me, was flashing at me, and the driver was waving his hand at me. Assuming he wanted to speak to me about something, and considering the traffic situation, the lack of safe places to pull in, and the fact I did not consider it was urgent, I decided to cross the Quincentennial Bridge and pull into the petrol station there, safely out of the traffic flow.

I pulled up to a stop and switched off the engine. The unmarked Garda car pulled in beside me. Three uniformed Gardaí got out and approached my car, the time was 20.34. To say the least I was alarmed. One of them came to the drivers window. He said, 'you were on your mobile'. I was absolutely taken aback. I replied to him, 'I absolutely was not'. He said,'your not now, but you were on Bothar Na Drabh'. He asked me for my Driving Licence, which I produced there and then. While he was examining it, the two other Gardaí were looking over the car, checking tax, NCT and insurance. One looked in through the open passenger side window. He handed me back my driving licence, he did not say anything, the three of them then got back into their car and drove off.

Last week I got a Penality Points Notice, accusing me of holding a mobile phone, on Bothar na Drabh, at 8.40 (20.40, AFTER he had stopped me). Not only had the Garda not told me he was pursuing the matter, but my confidence in the Gardaí has been totally destroyed. I am shocked, annoyed and disappointed.

I was not holding a mobile phone. The car has Bluetooth which automatically connects to my mobile, it does not require any holding of the phone, to make or receive calls. In fact, the last call was made at 18.09 that day and the last call received was at 18.01. The last text received was at 12.16 that day and the only text send was at 20.44, after the Garda had stopped me.

The car I was driving was a rare, top end, performance car. It is used for chauffeur work and has black out blinds on the rear window and 100% dark tint on the rear passenger windows.
It is impossible to see into the car from the rear or from any angle, other than side by side, through the front windows.

The Garda could not have seen me holding a mobile phone, even if I had have been doing so, unless he was side by side with me, or a very slight angle to the rear. Obviously, after the Garda car had pulled up beside me originally at the traffic lights, and knowing that they were near me, I most certainly would not had attempted to hold a mobile phone.

I had been travelling up from a country location that evening, my Garmin Sat Nav was switched on and sitting on top of a jacket, on the front passenger seat, the screen was live, that is, constantly updating the route. My mobile phone was also sitting on the jacket. Both devices are almost exactly the same size, the mobile is a Note 3.

If the Garda spotted something, I can only assume he saw me switching off the Sat Nav as I came into Galway city on Bothar na Drabh. As I said, it was on all day, and at this stage sitting on a jacket on the front passenger seat.

To complete the picture, I better give you an outline of my own details. I have been driving for 29 years, no convictions, Penalty Points, accidents, fines, or have ever 'come to the attention of the Gardai'. I hold a full, clean driving licence, covering every class of vehicles. I also hold a PSV Licence.

My opinion is that possibly the Gardaí saw some light in the car, and assumed it was a mobile phone being used. It is also possible that the car attracted their attention and needing a reason to stop me, used the 'holding a mobile phone', line to justify the stop.

The bottom line is that while it may 'make sense', to just accept the points and move on, I really feel this type of behaviour and abuse of power by this Garda should be challenged.
To quote Edmund Burke, "All that is necessary for the triumph of evil is that good men do nothing".

Any suggestion as to how I can appeal this decision, on what grounds and where do I go from here?

Many thanks,
DT