Pulled over..

bennyx_o

Right, Before I start, I know what I did is wrong, I deserved to get pulled over, I deserve whatever punishment is given to me, so I don't need useless posts saying "I hope you get banned" etc. Rich, I was going along the East Wall road at about 45/55mph, and undertook a car and turned into the port. I got pulled over for something to do with Section 7 (I think) and driving without due care and attention.
I'm driving on my first provisional, my own insurance policy, have the car 5 weeks and the tax was out in Feburary. The dealer has said he'd pay for it but I'm still waiting. I wasn't asked to produce my licence, insurance or anything at the nearest Garda station. I'm expecting a ban of some sort, but not sure, what should I expect?

Pacifico

What did he say to you?

You driving alone?

bennyx_o

Said he was giving me a summons. Was driving with a friend with no full licence.

Elessar

With a summons and court appearance, expect insurance to shoot through the roof for the next few years.

bennyx_o

Yea, I half expected that. How long till I hear if I am getting a summons?

Pacifico

Hard to know what the actual penalty will be.

Although, if the guard shows up for the court date, you could be banned for a while :eek:

smarty

bennyx_o wrote:

I was going along the East Wall road at about 45/55mph, and undertook a car and turned into the port.

How do you mean you "undertook"? There are two lanes on that road, and the right lane is for turning right towards the Point Depot. Therefore you are allowed to overtake on the left.

bennyx_o

I was in the left lane and turned into the port.

legs11

if you knew the car was out of tax you can have no complaints really, best thing is to get a good lawyer maybe. ?! might end up on the good side of the judge.

hiscan

i was pulled by a guard for jumping a red light that had been set up for roadworks he was driving towards me at the time even though he could see me coming i think he was a bit pissed off he was off duty in his uniform on his way home from a shift id say said he was going to do me under section this that and the other but i never heard anything about it he was probably just letting off steam i suppose

bennyx_o

Agreed, but it's not like I'm avoiding paying tax. The dealer said he'd pay for it as part of the deal and he still hasn't.

bennyx_o

2 uniformed guards and a motorcycle guard in the car that pulled me.

Pacifico

Yeah you're probably better off talking to a solicitor, to find out exactly what could happen...

bennyx_o

Yea, I'll probably do that in the next day or two.

VeVeX

bennyx_o wrote:

Agreed, but it's not like I'm avoiding paying tax. The dealer said he'd pay for it as part of the deal and he still hasn't.

Whos driving the car ???

Its up to you to tax your car, If the dealer didn't hold up his part of the deal take other action. If this is going on since February its pretty obvious hes unlikely to tax it at this stage.

Its your responsibility to tax your car. its also your responsibility to drive with care and attention. In my opinion taking you off the road is probably the best option for you and other road users untill you cop yourself on.

Esel

Car can be seized if tax is more than three months out of date. Get that situ sorted asap.

bennyx_o

I only have the car since the beginning of July, I've been onto the dealer and he's taxing it. Yes, I was driving the car.

digweed

esel wrote:

Car can be seized if tax is more than three months out of date. Get that situ sorted asap.

the new 2006 road traffic act has changed that to 2 months.

D.

Interceptor

I've read your post three times and apart from the tax being out I still don't see what you did wrong? You were in a left hand lane, passing a car in the right hand lane and you turned left into the port. I doubt you will get a ban unless there is more you haven't mentioned (spliff hanging out of mouth/dead girlfriend in boot...?)

If you bought the car in July, get a letter from the dealer stating the date of purchase and that the tax arrears will be paid and carry it in the car - even the stroppiest cop will see you made an effort.

'cptr

Anan1

Interceptor wrote:

I've read your post three times and apart from the tax being out I still don't see what you did wrong? You were in a left hand lane, passing a car in the right hand lane and you turned left into the port. I doubt you will get a ban unless there is more you haven't mentioned (spliff hanging out of mouth/dead girlfriend in boot...?)

He was speeding too. That said, my in experience of being pulled by the Guards, being threatened with a summons and actually being issued with one are two quite separate things. My advice to the OP is to sort the tax out, drive legally and responsibly from now on (no offence, but you just don't have the experience to break the speed limit in safety yet) and keep the fingers crossed. A lot will depend on the attitude of the OP to the Guard when he was pulled, the rest is up to luck.

MrPudding

bennyx_o wrote:

Yea, I'll probably do that in the next day or two.

You should also possibly consider removing "smart driver" from your sig.;)

MrP

bennyx_o

Interceptor wrote:

I've read your post three times and apart from the tax being out I still don't see what you did wrong? You were in a left hand lane, passing a car in the right hand lane and you turned left into the port. I doubt you will get a ban unless there is more you haven't mentioned (spliff hanging out of mouth/dead girlfriend in boot...?)

I overtook a truck without using my indicators according to the guard. I'll be going out to the dealer today so I'll get a letter off him to be safe.

smash

Firstly it's up to you to pay the tax really unless you got a special deal and have it in writing. Secondly I'd say you're conna get a few points and your insurance is gonna go crazy.

Idleater

steve06 wrote:

Firstly it's up to you to pay the tax really...

It is exactly as simple as that, there should be no "deal" necessary between you and whoever sold you the car. All you have to do is go to the tax office when you get the change of ownership form back from the DoE in Shannon.
That has the date of purchase/change of ownership on it, and you simply pay the tax from then.

I had the exact same thing recently. Bought a S/H car that was untaxed since feb, changed ownership, brought it to the garda station, had the "off the road" section filled in, went to the tax office and paid the tax since I bought the car.

Regarding the "passing manouvre" that you made, I don't know the road you are talking about but did you overtake a car on their left, and then cut across them to turn right, or did you overtake them on their left and then you turned left (or they turned right)???

L.

Big Balls

There's a lot of scare tactics being used here.

Firstly, unless you're convicted of dangerous driving or something along those lines, you won't have a record on your licence and your insurance company won't care.

The same can be said for points, for 2 points, insurance goes up about 200 quid if at all.

And just to clear up, if you were coming from East Wall Rd/Alfie Byrne Rd etc and went into the left lane to go into the port (and not doing a sly one back into the right lane to head towards the East-Link)/North Wall Quay then I really don't see the problem.

layke

hiscan wrote:

he was off duty in his uniform on his way home from a shift..... never heard anything about it ......

Nope, he's off duty and can do sweet FA about it afaik.

MercMad

Surely the guard gave you some paperwork suggesting you will recieve points ??

If he didn't then you may not !!

Big Balls

layke wrote:

Nope, he's off duty and can do sweet FA about it afaik.

Ah ha. Not so.

An off duty guard had a problem with me going past him at about 125 (hardly the biggest offence in the world) on the M50 two weeks ago.

FOUR HOURS later, two gardai knocked on my front door and asked me to call 'the guards in Tallaght' about it. Turns out the guy flashing me in a fit of rage on the M50 as I went past was an off duty guard.

I spoke to a solicitor about it as he asked me to produce my insurance cert and I had a major problem with an off duty guard telling me to do this, especially after telling me I was speeding according to purely HIS speedometer on a poxy Astra but solicitor advised me to do it to save any potential grief from a guard on a power trip.

Big Balls

MercMad wrote:

Surely the guard gave you some paperwork suggesting you will recieve points ??

You don't get any paperwork anymore, you're just told you'll get them in the post.

bennyx_o

I agree about the tax and I've sorted it out today. Should get it in the next week or so.

Big Balls wrote:

And just to clear up, if you were coming from East Wall Rd/Alfie Byrne Rd etc and went into the left lane to go into the port (and not doing a sly one back into the right lane to head towards the East-Link)/North Wall Quay then I really don't see the problem.

I went into the left lane to turn left into the port, and passed a car that was turning right.

Merc Mad wrote:

Surely the guard gave you some paperwork suggesting you will recieve points ??

If he didn't then you may not !!

No paperwork changed hand, he just filled out his notebook and said "this definatly wont be the last you've heard of this"

Cyrus

did u not indicate when changing lanes benny? whats the speed limit there60km?

bennyx_o

I didn't indicate moving out, but checked and saw nothing behind me, I think I indicated going back in but I could be wrong. Not too sure what the limit is there, no signs that I remember along it.

Cyrus

i dont get you, i thought you just moved from the right lane to the left and then took the left turn at the jn?

or did u move lanes twice?

bennyx_o

I was behind a truck on the inside lane, over took him and went back to the inside lane to turn into the port.

MrPudding

bennyx_o wrote:

I was behind a truck on the inside lane, over took him and went back to the inside lane to turn into the port.

How far were you from the junction when you cut back accross the truck to turn left? Did you force him to break to avoid hitting you?

MrP

bennyx_o

I was a good 200 metres before the turn.

Cyrus

i can see what you did wrong then, you prob cut him up, dunno what kind trouble your in, not as bad as most people say but if the guard turns up youll get points anyway

Shaybo

Wait and see what happens before going to solicitors and crapping yourself.

I was pulled in for running a red light (allegedly - I didn't as far as I was concerned and was happy to fight it in court) at the RDS in Ballsbridge and was written up for it. The guard's parting shot was 'I'll be seeing you in court'. That was about 4 years ago. I've never seen him again or been to court.

JoeyJJ

I can imagine that some Guards come across like this with snide remarks like I'll see you in court, I can imagine I might do the same if I was doing an infuriating job like that.

I was pulled coming off the M50 at the red cow doing 80kph slowing down in a 50kph zone and there was 3 guards each with their own gun it was like shooting fish in a barrel. The guard berated me, telling me I was having a laugh, I was just polite and let him get on with it.

digweed

layke wrote:

Nope, he's off duty and can do sweet FA about it afaik.

Wrong...there was a case a good few years back where somone fought it on the basis of the guard being off duty, afaik it went to the high court where the judegement was that a guard is never technically off duty. while they might not be working they still have all the powers.

D.

bennyx_o

I don't think I did or said anything to annoy him.

ninty9er

digweed wrote:

Wrong...there was a case a good few years back where somone fought it on the basis of the guard being off duty, afaik it went to the high court where the judegement was that a guard is never technically off duty. while they might not be working they still have all the powers.

D.

Wierd. I know a guy who fought his case because the Garda wasn't wearing his cap, and therefore not in full uniform and the case was thrown out.

Something to do with tinted windows a few years back IIRC

Seth Brundle

ninty9er wrote:

Wierd. I know a guy who fought his case because the Garda wasn't wearing his cap, and therefore not in full uniform and the case was thrown out.

Something to do with tinted windows a few years back IIRC

Really? What would the judge say to a detective who is not in uniform at all?

ninty9er

kbannon wrote:

Really? What would the judge say to a detective who is not in uniform at all?

Detectives don't have uniforms so they are presumably exempted???

I'll check with my granduncleuncle though???

Fey!

I think the whole no cap/unbuttoned tunic thing is gone now - it was used a lot over the years, though.

LostinBlanch

I wondered why I saw motorcycle cops take off their helmets and put their caps on when giving motorists tickets. That explains it!

Big Balls

The hat thing is 100% still in use.

Last time I got points the copper came up to the window, had a word, my excuse obviously wasn't good enough and he went back to his van to get his hat and then issued the points.

bennyx_o

The three guards that stopped me had no hats on, is this some crazy loophole?