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Pulled over for speeding by a static guard.

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  • 01-09-2014 8:16pm
    #1
    sidcon
    Registered Users Posts: 632 ✭✭✭


    Ok my situation.
    Garda standing beside a motorbike at a laybye putting on his helmet, observes me driving past him and then drives after me. Blue lights so I pull over.
    He says do you know why I pulled you over and I said i might have been going fast while overtaking (dual carriage way)
    He then says I was doing 150, he takes my licence and does the normal procedures, he comes back and says you've been stopped here before 3 points and a fine will be sent through the post. Get the fine and it states a speed of 150kph.
    Question is
    Does the Garda not have to prove I was speeding, if he was not using a gun to detect my speed is his judgement enough to prosecute me?


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Comments

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    #2
    daveohdave
    Banned (with Prison Access) Posts: 483 ✭✭daveohdave


    Did he pace you?


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    #3
    sidcon
    Registered Users Posts: 632 ✭✭✭sidcon


    daveohdave wrote: »
    Did he pace you?

    He couldn't have, I saw him putting on his helmet as I passed him and breaked to the speed limit and then he got onto his bike and he came after me.


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    #4
    GerardKeating
    Registered Users Posts: 7,542 ✭✭✭GerardKeating


    sidcon wrote: »
    He couldn't have, I saw him putting on his helmet as I passed him and breaked to the speed limit and then he got onto his bike and he came after me.

    So, you admit you were actually speeding ?


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    #5
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    If you want to dispute it you're entitled to your day in court.


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    #6
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Are you sure he was alone?


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    #7
    sidcon
    Registered Users Posts: 632 ✭✭✭sidcon


    GerardKeating wrote: »
    So, you admit you were actually speeding ?

    Yes I was speeding but no way was it 150. It's beside the point.
    The question being asked is a garda allowed to use his judgement as a way of prosecution for a speeding offence.


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    #8
    sidcon
    Registered Users Posts: 632 ✭✭✭sidcon


    Little CuChulainn wrote: »
    Are you sure he was alone?

    Yes he was alone


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    #9
    ironclaw
    Registered Users Posts: 8,004 ✭✭✭ironclaw


    There is no provision in current legislation for a Garda to prove you were speeding nor the equipment, if used, is in proper working order or even calibrated. I'm sure someone can put it more eloquently than me, but if a Garda says you were speeding than you were even if he just pointed his finger and said 'You'. Utter nonsense. Its in the current Road Traffic Act.

    Seeing as you admitted it, how fast were you going? You sure it was his helmet? The Garda laser gun (UltraLtye) is silver in colour and from a distance and moving quick, could resemble part of his attire especially if he was putting it away. It would be unusual for a Garda conducting a speed check to remove his helmet as you'd waste time putting it back on.

    You should have asked them how they clocked your speed.


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    #10
    sidcon
    Registered Users Posts: 632 ✭✭✭sidcon


    ironclaw wrote: »
    There is no provision in current legislation for a Garda to prove you were speeding nor the equipment, if used, is in proper working order or even calibrated. I'm sure someone can put it more eloquently than me, but if a Garda says you were speeding than you were even if he just pointed his finger and said 'You'. Utter nonsense. Its in the current Road Traffic Act.

    Seeing as you admitted it, how fast were you going? You sure it was his helmet? The Garda laser gun (UltraLtye) is silver in colour and from a distance and moving quick, could resemble part of his attire especially if he was putting it away. It would be unusual for a Garda conducting a speed check to remove his helmet as you'd waste time putting it back on.

    You should have asked them how they clocked your speed.

    Cheers for answering my question, was doing 120-130 on n7 in the second overtaking lane. He was pulled in at the weighbridge before Rathcoole, was defiantly his helmet he was putting on.
    Guess I just have to suck it up and take it on the chin.


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    #11
    ironclaw
    Registered Users Posts: 8,004 ✭✭✭ironclaw


    sidcon wrote: »
    Cheers for answering my question, was doing 120-130 on n7 in the second overtaking lane. He was pulled in at the weighbridge before Rathcoole, was defiantly his helmet he was putting on.
    Guess I just have to suck it up and take it on the chin.

    Were you called in by a car further back perhaps? Thats a possibility as they live on that particular section of road, both marked and unmarked cars.


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    #12
    Mary63
    Closed Accounts Posts: 801 ✭✭✭Mary63


    Is there anyone you could talk to to get the points wiped,seemingly some lucky beans have had their points wiped up to eight times and for doing the speed he said you were doing.I would love to see the details of these drivers published and who okayed the quashing of the points.
    A million euros has now been allocated to get to the bottom of the points controversy,its very simple really,anyone who has had their points quashed is to have their name and address published and the reason why their penalty points were removed,if they have been lucky enough more than twice they get a special mention in the report,this shouldnt cost a million euros,there are hardly hundreds of thousands of lucky beans or maybe there are.!!!!!!!!!!!!!!


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    #13
    brownmini
    Registered Users Posts: 177 ✭✭brownmini


    sidcon wrote: »
    Ok my situation.
    Garda standing beside a motorbike at a laybye putting on his helmet, observes me driving past him and then drives after me. Blue lights so I pull over.

    Is it possible that he saw you 1 or two minutes before you saw him and he had already 'clocked you' and then put his helmet on?


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    #14
    sham58107
    Registered Users Posts: 213 ✭✭sham58107


    Probably a "catch car" down the road,thats the reason he was putting on helmet.
    Probably just have to suck it up.


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    #15
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Mary63 wrote: »
    Is there anyone you could talk to to get the points wiped,seemingly some lucky beans have had their points wiped up to eight times and for doing the speed he said you were doing.I would love to see the details of these drivers published and who okayed the quashing of the points.
    A million euros has now been allocated to get to the bottom of the points controversy,its very simple really,anyone who has had their points quashed is to have their name and address published and the reason why their penalty points were removed,if they have been lucky enough more than twice they get a special mention in the report,this shouldnt cost a million euros,there are hardly hundreds of thousands of lucky beans or maybe there are.!!!!!!!!!!!!!!

    Bit late to the party aren't you?


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    #16
    fleetfoot
    Registered Users Posts: 3 ✭fleetfoot


    Its a bloody shame,if YOU had been polish or rum ect there would have been no problem,shame we are Irish


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    #17
    Jimfo1970
    Registered Users Posts: 92 ✭✭Jimfo1970


    sidcon wrote: »
    Cheers for answering my question, was doing 120-130 on n7 in the second overtaking lane. He was pulled in at the weighbridge before Rathcoole, was defiantly his helmet he was putting on.
    Guess I just have to suck it up and take it on the chin.

    What is wrong with you ? If he did not have a speed gun then you go to court and argue it out. Chances are the guard won't even turn up if he is guessing the speed and the charge will be struck out.


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    #18
    BaronVon
    Registered Users Posts: 1,647 ✭✭✭BaronVon


    Best practice would dictate the Guard should show you the speed on the gun. He can't prosecute you without a calibrated instrument to determine speed, however he could prosecute you for careless/dangerous driving based on his opinion of your speed.

    Most likely, he pinged your speed from a few hundred metres back before you were even aware of him, had put the speed gun in the pannier of the bike, and was putting his helmet on to go after you. He should have showed you the gun, but the fact he didn't wouldn't negate a prosecution on its own.

    You could go to court and argue this, and risk 6 points and a fine, or pay the fine, as you were most likely caught fair and square!


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    #19
    Timberrrrrrrr
    Registered Users Posts: 25,430 ✭✭✭✭Timberrrrrrrr


    fleetfoot wrote: »
    Its a bloody shame,if YOU had been polish or rum ect there would have been no problem,shame we are Irish

    Mr Sheene and Malibu? :confused:


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    #20
    BornToKill
    Registered Users Posts: 1,053 ✭✭✭BornToKill


    sidcon wrote: »
    Cheers for answering my question, was doing 120-130 on n7 in the second overtaking lane.

    That is a 100kph zone, isn't it?


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    #21
    Losty Dublin
    Registered Users Posts: 13,003 ✭✭✭✭Losty Dublin


    sidcon wrote: »
    Yes I was speeding but no way was it 150. It's beside the point.
    The question being asked is a garda allowed to use his judgement as a way of prosecution for a speeding offence.

    My aunt was found guilty of speeding about 20 years ago solely on the word of a garda. In her case the garda gave evidence of having chased her and pulled her over for speeding. She admitted that she pulled over and that was enough for the presiding judge to convict her.

    Served her right; she told us she "only" did 100MPH:rolleyes:


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    #22
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,712 Admin ✭✭✭✭✭hullaballoo


    fleetfoot wrote: »
    Its a bloody shame,if YOU had been polish or rum ect there would have been no problem,shame we are Irish

    What is this, I don't even?


    Banned.


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    #23
    Prisoner6409
    Registered Users Posts: 666 ✭✭✭Prisoner6409


    I would normally advise you to have your day in court given the Guard does not appear to have used the proper equipment, however it also seems a bit odd that the Guard is guessing your speed. Either way Guards normally take notes and if in his notes you are quoted as admitting to speeding, well, game over. Suck it up as going to court may cost you more.


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    #24
    Mary63
    Closed Accounts Posts: 801 ✭✭✭Mary63


    What does banned mean in the second last post.


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    #25
    whomitconcerns
    Registered Users Posts: 4,319 ✭✭✭whomitconcerns


    Means the previous poster is banned for posting nonsense irrelevant posts. Op as others have said,. He was probably radioed by someone v else.


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    #26
    sidcon
    Registered Users Posts: 632 ✭✭✭sidcon


    So contacted the guard this morning, he informed me that his notes say I admitting to speeding, he told me I was doing 150 and that I nodded. Lovely so, my word or a Guards word in court, I know who the judge is going to believe,
    €80 fine and 3 points is a lot easier to take. Thanks for your replies


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    #27
    BornToKill
    Registered Users Posts: 1,053 ✭✭✭BornToKill


    It's not, though, that he claims you were speeding and you claim you were not. You accept that you were going too fast. The only argument seems to be about how much over the speed limit that was. The fine and points are justified for 130kph as well as 150kph.


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    #28
    ironclaw
    Registered Users Posts: 8,004 ✭✭✭ironclaw


    infacteh wrote: »
    Best practice would dictate the Guard should show you the speed on the gun. He can't prosecute you without a calibrated instrument to determine speed, however he could prosecute you for careless/dangerous driving based on his opinion of your speed.

    In Irish law, there is no provision for the equipment used to be calibrated, in working order or produce a permanent record. They don't even have to show you the equipment used or the reading taken. Its absolute insanity.


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    #29
    thehouses
    Registered Users Posts: 445 ✭✭thehouses


    Get a dash cam - they not only record your driving and speed if you get the right one but they also can record conversations and it would not be one word against the other then. Too late now though.


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    #30
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    sidcon wrote: »
    So contacted the guard this morning, he informed me that his notes say I admitting to speeding, he told me I was doing 150 and that I nodded. Lovely so, my word or a Guards word in court, I know who the judge is going to believe,

    You say that like he is making a liar of you. But you've actually admitted in this thread that you were speeding. Stop playing the victim.


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    #31
    sidcon
    Registered Users Posts: 632 ✭✭✭sidcon


    Little CuChulainn wrote: »
    You say that like he is making a liar of you. But you've actually admitted in this thread that you were speeding. Stop playing the victim.
    I'm not playing the victim, I was trying to get off on a technicality but now that the guard has said I admitted to speeding there is nothing I can do.
    The fact that he says I admitted to speeding even though I didn't is wrong though, I never admit liability in my line of business it can land you in a lot of trouble and I always practice it.


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