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Speeding and the law

  • 22-04-2004 12:16pm
    #1
    Closed Accounts Posts: 29,473 ✭✭✭✭


    Are all speeding offences subject to the €80 and 2 points punishment?

    What if a madman passed a gatso at 100mph, is it still as above or is it court?


Comments

  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    Originally posted by Bond-007
    Are all speeding offences subject to the €80 and 2 points punishment?

    What if a madman passed a gatso at 100mph, is it still as above or is it court?
    They'll upgrade it to dangerous, careless or wreckless driving afaik, depending on the nature fo the speeding.


  • Registered Users, Registered Users 2 Posts: 653 ✭✭✭DukeDredd


    Exactly and if convicted it could mean a ban from driving altogether similar to drink-driving.


  • Registered Users, Registered Users 2 Posts: 4,666 ✭✭✭Imposter


    On a sort of related note there was a guy stopped for driving at 265kmh on the motorway here in Austria last week. 'Tis a new record. His mate in the passenger seat got a nice pic of the speedo too. Makes it handier for the cops to prosecute.


  • Moderators, Politics Moderators Posts: 41,234 Mod ✭✭✭✭Seth Brundle


    it is 4 points not 2. You get a reduction of 2 points if you decide to admit and not use court resources.


  • Registered Users, Registered Users 2 Posts: 653 ✭✭✭DukeDredd


    it is 4 points not 2. You get a reduction of 2 points if you decide to admit and not use court resources.

    Not so - if convicted of dangerous or wreckless driving theres a ban from driving involved. If that was the way, why bother speeding at 70 when you could do 110Mph and get the same punishment?


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  • Registered Users, Registered Users 2 Posts: 795 ✭✭✭a_ominous


    low down on Penalty points here


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    That site does not say that DD applies to speeding.

    Would a phot from a GATSO be enough to convict for DD? A person could be doing 100mph and have total control eg M. Schumacher.


  • Moderators, Society & Culture Moderators Posts: 3,935 Mod ✭✭✭✭Turner


    Depends on the road. Motorway would be grand but a national primary route would be a no no. Photo from a gatso wouldnt prove dangerous driving. Dangerous driving is more the style of somebodys driving like a dangerous overtaking move or tailgating, travelling on the wrong side of the road etc etc.


    It is up to the prosecution to prove it was dangerous.

    Check out the road traffic act section 53 as this is what you would be contesting in court.


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Originally posted by Chief---
    Depends on the road. Motorway would be grand but a national primary route would be a no no. Photo from a gatso wouldnt prove dangerous driving. Dangerous driving is more the style of somebodys driving like a dangerous overtaking move or tailgating, travelling on the wrong side of the road etc etc.


    It is up to the prosecution to prove it was dangerous.

    Check out the road traffic act section 53 as this is what you would be contesting in court.

    That's what I thought. DD is not an absolute offence, whereas speeding is.
    So if a GATSO caught you doing 100+ then all they could do is €80 +2 points ticket?


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Originally posted by Bond-007
    Would a phot from a GATSO be enough to convict for DD? A person could be doing 100mph and have total control eg M. Schumacher.
    There is a big difference between the open road and Formula 1 on a closed track with a limited number of very experienced drivers.


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  • Moderators, Society & Culture Moderators Posts: 3,935 Mod ✭✭✭✭Turner


    Well i suppose if the gatso was parked outside a school in a 30mph zone and you were caught speeding past at 100mph that could be construed as DD.


  • Moderators, Politics Moderators Posts: 41,234 Mod ✭✭✭✭Seth Brundle


    DD IMO is down to the discretion of the garda who catches you.
    You don't have to be speeding to be commiting DD BTW


  • Registered Users, Registered Users 2 Posts: 2,329 ✭✭✭kdevitt


    quote:
    Originally posted by Bond-007
    Would a phot from a GATSO be enough to convict for DD? A person could be doing 100mph and have total control eg M. Schumacher.

    There is a big difference between the open road and Formula 1 on a closed track with a limited number of very experienced drivers..

    Theres already court precedent in the UK that driving at such a high speed isn't immediately deemed as dangerous driving...someone in a Honda NSX doing well over the ton got away with just his speeding fine a few years ago as the road was clear, conditions were fine etc etc...


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