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Case of Garda says, driver says?

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  • 20-01-2014 6:29pm
    #1
    neris
    Registered Users Posts: 20,042 ✭✭✭✭


    End of November my OH came home and said shed been pulled in by a Garda car after going through a set of lights. The garda said she went through a red light but shes said she went through as the light changed green to orange and didnt stop as she would have had to slam on the brakes and possibly have the car behind go into her. Today 7 weeks later a fixed penalty notice arrived in the door €120 + 2 points. If this went to court is it a matter of her word against the Garda? Or do the Gards carry dashcams? Which surely she would be entitled to see before a case? Also what is the time frame that they have to issue fines/notices within? 7 weeks seems like a very long time when other countries have on the spot fines


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    #2
    sawdoubters
    Banned (with Prison Access) Posts: 1,289 ✭✭✭sawdoubters


    you can fight it,but judges would take side of garda

    you need to take video of lights where garda car was parked,maybe video of lights changing,timing,if garda was parked around corner any trees blocking garda view you could say he had not got a proper view ,my guess is your girlfriend went through orange that turned red


    The rule with an orange light is that you must stop unless it is unsafe to do so

    most people speed up when they see orange

    was it a pedestrian crossing


    what will it cost to fight it ,solicitor charges,day off work,the judge will look at her other infractions even if they are not ment to

    her insurance will go up


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    #3
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    They've six months to issue the summons / fine I believe. 7 Weeks doesn't seem particularly long.

    I would tend to believe the guard, a judge almost certainly will. Get a dash-cam if you're worried about it happening in the future, although there is no guarantee that the actions weren't illegal.


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    #4
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    neris wrote: »
    End of November my OH came home and said shed been pulled in by a Garda car after going through a set of lights. The garda said she went through a red light but shes said she went through as the light changed green to orange and didnt stop as she would have had to slam on the brakes and possibly have the car behind go into her. Today 7 weeks later a fixed penalty notice arrived in the door €120 + 2 points. If this went to court is it a matter of her word against the Garda? Or do the Gards carry dashcams? Which surely she would be entitled to see before a case? Also what is the time frame that they have to issue fines/notices within? 7 weeks seems like a very long time when other countries have on the spot fines

    Simply in court the Garda will give his evidence. Your wife or her solicitor will have opertunity to cross examin. Your wife will then have opertunity to give evidence if she wishes and she can be cross examined if she gives evidence. The court if it convicts can impose upto the maximum fine and must impose 5 penalty points, if unhappy with DC decision can appeal to Circuit Court, are you sure fine is €120 as according to this its €80 if paid in 28 days and €120 if next 28 days. http://www.rsa.ie/Documents/Licensed%20Drivers/Penalty%20Points%20Chart1.pdf


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    #5
    lifeandtimes
    Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    i know from advice on this matter from a garda mate who says most guards go by a rule..if a driver is driving towards lights and the light turns orange, if they see a drivers breaks come on but its obvious they will end up in the middle of the road into on coming traffic or will endanger other lives they will let them go as an attempt to break was made....if no attempt is made i.e no break lights come on and the driver keeps going after seeing the light change then they will see that as breaking a light...what you need to ask is did your other half is did she make an attempt to break when the lights change?


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    #6
    seagull
    Registered Users Posts: 2,340 ✭✭✭seagull


    lifeandtimes wrote: »
    i know from advice on this matter from a garda mate who says most guards go by a rule..if a driver is driving towards lights and the light turns orange, if they see a drivers breaks come on but its obvious they will end up in the middle of the road into on coming traffic or will endanger other lives they will let them go as an attempt to break was made....if no attempt is made i.e no break lights come on and the driver keeps going after seeing the light change then they will see that as breaking a light...what you need to ask is did your other half is did she make an attempt to break when the lights change?

    That logic is nonsensical. I've had situations where the light changes to amber, and I know I'm not going to stop before the line. I'm not going to brake, as that will only delay me getting through the intersection. It's more dangerous to hit the brakes and then accelerate when you aren't going to stop behind the line that it is to just continue.


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    #7
    spaceHopper
    Registered Users Posts: 3,970 ✭✭✭spaceHopper


    You should talk to a solicitor there is also a chance the guard will not make the court. She could drop into a local court and see how it works


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    #8
    thesimpsons
    Registered Users Posts: 1,694 ✭✭✭thesimpsons


    I usually just have a quick browse into this section and not'd post but I'm curious is there no onus on evidence being provided? Is it really just your word vs the garda's word.


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    #9
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    thesimpsons wrote: »
    I usually just have a quick browse into this section and not'd post but I'm curious is there no onus on evidence being provided? Is it really just your word vs the garda's word.

    That's called evidence it's why it's given under oath, he said he said its upto a judge to decide.


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    #10
    FunLover18
    Registered Users Posts: 6,793 ✭✭✭FunLover18


    Where did the Gard come from? Was he behind her, parked beyond the junction. What sort of junction was it, pedestrian, T, cross?


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    #11
    Santa Cruz
    Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    neris wrote: »
    End of November my OH came home and said shed been pulled in by a Garda car after going through a set of lights. The garda said she went through a red light but shes said she went through as the light changed green to orange and didnt stop as she would have had to slam on the brakes and possibly have the car behind go into her. Today 7 weeks later a fixed penalty notice arrived in the door €120 + 2 points. If this went to court is it a matter of her word against the Garda? Or do the Gards carry dashcams? Which surely she would be entitled to see before a case? Also what is the time frame that they have to issue fines/notices within? 7 weeks seems like a very long time when other countries have on the spot fines

    Was the driver of the "car behind" pulled in because if the light was going orange that driver was leaving it late and should have stopped? It would seem strange that your OH was pulled in and this other driver wasn't.
    Maybe it was because there was no other car. If there was no other car she should have stopped. Of course she may not have known whether or not there was a car if she wasn't looking in her mirror. Be prepared to answer that one in court.


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