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Garda with attitude

  • 07-02-2007 4:57pm
    #1
    Registered Users, Registered Users 2 Posts: 1,545 ✭✭✭


    Got pulled over yesterday morning on my way into work and honestly have no idea what I was pulled over for!! Drive a scooter to work to avoid the traffic. COme up to junction passing slowly static traffic on outside not inside and pull in front of Garda car beside another bike waiting for the lights to change.
    30 Seconds later lights change sirens go off telling me to pull in. Lady garda gets out has a bit of a scream at passing motorcyclist. Then pulls out her notebook saying I am going to get a fine and 2 penalty points. I go I did nothing wrong

    She says I passed on a continous white line the traffic which was standing still at the time. At this junction there is a filter for cars going right no car was in it at the time so there was a broken white line. Took pictures
    Anyway continue protestations she starts to get more thick ringing in my reg etc,I say this is bull**** she of course jumps on that and starts trying to say I did not have the right license- yes I do!! I have a feeling the wench is going to try and persue this.

    Went and took photos with my phone of the area as evidence as I am still baffled why I got pulled over. Using bus lanes, bike lanes etc fair enough but in this instance I had done nothing wrong!! Given I have done the same thing probally a 1000 times before often when Garda standing on corner or garda bike beside me I am baffled.
    If i get a fine I am going to fight it as don't have any penalty points!! Going to cop shop today with insurance should I query it?


«13

Comments

  • Registered Users, Registered Users 2 Posts: 19,550 ✭✭✭✭Krusty_Clown


    Firstly, are you sure you have the right license? What size is your engine? What type of license do you have?

    Secondly, sounds like you may have been in the wrong when you over-took the line of traffic by using the right-turn lane. While the line may not have been broken, the lane is not an over-taking lane.

    Sounds like you p***ed them off by over-taking in a lane you shouldn't have been in, and pulling up in front of them (did you park your scooter past the 'do not cross white line' at the traffic lights? That's a two-pointer too, as far as I can recall.


  • Registered Users, Registered Users 2 Posts: 19,550 ✭✭✭✭Krusty_Clown


    Have a look here: http://www.penaltypoints.ie/the_full_list_of_offences.php
    There are a couple of offences they could get you for:

    Driver found to be driving carelessly
    Dangerous overtaking
    Failure to stop a vehicle before stop sign/ stop line (if you did)
    Entry by driver into hatched marked area of roadway, e.g. carriageway reduction lane
    Crossing continuous white line
    Driving without reasonable consideration
    Failure to comply with mandatory traffic signs at junctions

    Now, I'm not saying you were actually doing any of these things, just suggesting how they might interpret the situation..


  • Registered Users, Registered Users 2 Posts: 1,545 ✭✭✭Luckycharm


    Bike is a 49cc scooter so is covered by my full drivers license. Traffic was going no where no on coming traffic they did not see me till I pulled in front of cop car beside another bike. Was stopped at the white line - same as every other day and every other traffic lights beside lots of other bikes.

    It was a Terenure Cross roads see link for picture

    http://img149.imageshack.us/img149/7863/terenurecrossroads6207gm2.png

    Same as this but my bike would be more in middle

    http://img149.imageshack.us/img149/1010/terenurecrossroadsfrontef2.png


  • Registered Users, Registered Users 2 Posts: 273 ✭✭stipey


    Can you drive a moped on a full B license?


  • Registered Users, Registered Users 2 Posts: 743 ✭✭✭Mad Dog


    Would the white line she was talking about be back before that lane because if you did cross that they are likely to go after you for it.

    My guess this is what you did and you were in the wrong.


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  • Registered Users, Registered Users 2 Posts: 738 ✭✭✭bbbbb


    stipey wrote:
    Can you drive a moped on a full B license?

    I thought you had to apply for an A1 license, which you got automatically with a B, however according to this it's slightly different:
    http://www.citizensinformation.ie/categories/travel-and-recreation/motoring-1/driver-licensing/full_motorcycle_driving_licences_in_ireland
    Category Vehicle Minimum age of driver
    A Motorcycles with or without sidecar 18
    A1 Motorcycles with an engine size of 51-125cc and/or a speed capability of over 45km/h and with a power rating not exceeding 11 kW, and with or without sidecar 16
    M* Two-wheeled vehicles with an engine size not exceeding 50 cc and/or a speed capability not more than 45 km/h 16

    *If you already hold a full driving licence for Category B (cars) and/or either Category A or A1, you are automatically licensed to drive Category M vehicles.
    
                                                


  • Registered Users, Registered Users 2 Posts: 5,918 ✭✭✭Steffano2002


    Full B covers scooters of less than 50cc AFAIK.

    She sounded like a right old fart this one OP! I tell you what you did wrong, you gave her lip. When I get caught, I try to look like a poor frightened kitty (trembling and all as I reach for my license!). This gives them a good feeling of power and it makes them happy for the day! They always let me off with a verbal warning! Even if I did something really bad...


  • Registered Users, Registered Users 2 Posts: 9,577 ✭✭✭lord lucan


    Luckycharm wrote:
    Bike is a 49cc scooter so is covered by my full drivers license. Traffic was going no where no on coming traffic they did not see me till I pulled in front of cop car beside another bike. Was stopped at the white line - same as every other day and every other traffic lights beside lots of other bikes.

    It was a Terenure Cross roads see link for picture

    http://img149.imageshack.us/img149/7863/terenurecrossroads6207gm2.png

    Same as this but my bike would be more in middle

    http://img149.imageshack.us/img149/1010/terenurecrossroadsfrontef2.png
    if they done you on your stationary position at the lights then we should all be worried,i know i and most other bikes i see stop beyond the white line,gives you a chance to get the jump on the traffic behind you:eek:


  • Registered Users, Registered Users 2 Posts: 5,918 ✭✭✭Steffano2002


    lord lucan wrote:
    if they done you on your stationary position at the lights then we should all be worried,i know i and most other bikes i see stop beyond the white line,gives you a chance to get the jump on the traffic behind you:eek:
    I have to admit, I always end up that way at the light... :o


  • Registered Users, Registered Users 2 Posts: 9,577 ✭✭✭lord lucan


    tbh just for safety its best to start in front of the white line,if you start alongside you're more than likely gonna get cut off esp if you're on a scooter!:eek:


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  • Registered Users, Registered Users 2 Posts: 1,417 ✭✭✭Dr4gul4


    I think it would be quite fair to say, you did some thing wrong, usually the gards wont hastle you unless you are really in the wrong.

    If i were you i'd take this as an experience and learn ure lesson.

    Lesson thats is do not ever over take a garda car when it's "sitting" in traffic.

    simple as


  • Closed Accounts Posts: 7,397 ✭✭✭Paparazzo


    When I get caught, I try to look like a poor frightened kitty (trembling and all as I reach for my license!). This gives them a good feeling of power and it makes them happy for the day!
    Brilliant!

    But luckycharm, you weren't soo lucky. You should have told her she should be out catching real criminals, then asked her what's her problem is, was having her period? They love that!
    She sounds like an asshole that just wanted to "do" someone. She probably just saw you on a scooter and thought you're just a young easy target.


  • Registered Users, Registered Users 2 Posts: 5,918 ✭✭✭Steffano2002


    Paparazzo wrote:
    You should have told her she should be out catching real criminals, then asked her what's her problem is, was having her period? They love that!
    LMFAO!!! :D:D:D


  • Registered Users, Registered Users 2 Posts: 1,208 ✭✭✭The Doktor


    Paparazzo wrote:
    Brilliant!

    But luckycharm, you weren't soo lucky. You should have told her she should be out catching real criminals, then asked her what's her problem is, was having her period? They love that!

    And dont forget "I pay your wages!".. but leave the period thing till last..


  • Registered Users, Registered Users 2 Posts: 1,545 ✭✭✭Luckycharm


    Well brought the insurance in tonight - asked the cop on charge what I could of done wrong. He said could not comment :mad:
    Anyway think if I get a ticket going down one morning with my camera and I am sure I can catch a cop bike in exactly the same position. ;) Also not sure the white line goes all the way across a bit worn out and given I was stopped 30 secs later after taken off from the lights how can she prove I was through the white line which don't think I was anyway. Why not book me there and then?


  • Registered Users, Registered Users 2 Posts: 38 apw99


    I hear a lot of stories like this about guards basically abusing motorists. I know at least 3 people first hand who have had the issue. Always take their badge number and file a complaint against them or they will just keep getting away with it. It will go nowhere but if enough people complain then it helps..
    I reckon they must be obliged to tell you what you are being chanred with???anyone??


  • Registered Users, Registered Users 2 Posts: 19,550 ✭✭✭✭Krusty_Clown


    Looking at the position of the bike in the second photo, it is past the white line and into the pedestrian crossing, which is a 2 point offence (even if the white line is not strictly speaking visible).

    From the first photo, you also travelled in a right-turn only lane, and then moved from there into another illegal position.

    Sure, it's completely anal, but technically, they can nab you.. You'll have to wait and see how serious they are about the whole thing. She might not pursue it at all, or you could get a summons. If you get a summons, the judge might dismiss it out of hand.

    Remember, just because the Gardai turn a blind eye to bikers travelling in the bus lane, it is still illegal, and a penalty point offence... So if you irk the wrong Garda, you could have to suffer the wrong consequences..

    Having been bullied by a Garda in the past, I'm all for standing up for your rights, but only if you are approaching it from a defensible position, and in your case, I don't think you are. I reckon your best approach is to use the 'steffano defense', and hope that nothing comes of it.

    I also wouldn't be in a rush to produce photos of Gardai sititng in that position (unless they're in plain-clothes!).


  • Registered Users, Registered Users 2 Posts: 36,533 ✭✭✭✭Hotblack Desiato


    Luckycharm wrote:
    Bike is a 49cc scooter so is covered by my full drivers license.
    Only if it's restricted to 45km/h - most are not, but that's the letter of the law.

    Now this really does sound like a bad dose of power tripping/PMT but a little bit of common sense on your part could have avoided it.
    First off, know the rules of the road inside out - they're NOT written with bikes in mind, and many things that riders do in every city of the world is technically illegal in some way, but generally overlooked if not dangerous.
    So when you do break the letter of the law, you'll be aware of it and keeping a really good eye out for the cops!
    Take the telling off and don't talk back whatever you do (although many Gardai don't have a clue about the law as it affects bikes - I was asked for my insurance disc once!)

    You should have stopped behind the Garda car (preferably 2 cars back) and chances are they would never have seen you at all! It would have cost you far less time than getting pulled over.

    I don't know if anything will come of it, could depend on "targets" for the month in the local station, I'd have to say unlikely you'll get done, but you never know. Don't complain about a garda otherwise they and all their friends in the local station could make it their business to harass you.

    In Cavan there was a great fire / Judge McCarthy was sent to inquire / It would be a shame / If the nuns were to blame / So it had to be caused by a wire.



  • Registered Users, Registered Users 2 Posts: 1,545 ✭✭✭Luckycharm


    Got my Ticket yesterday and the reason it says is Overtaking in a dangerous manner which is completely bullsh*t given no oncoming traffic was going about 5k an hour past traffic that was not moving. THen was sitting at traffic lights for 30 seconds before going green.
    Given have done this same manouvre for last 6 years many times with Garda present on corner or behind a garda bike with no problems.

    HOw do I go about defending this- not pay the fee ring them up? What is the best way to defend it?


  • Registered Users, Registered Users 2 Posts: 1,417 ✭✭✭Dr4gul4


    hmmm i guess u could go to the local cop shop and ask them about it. but imo, it'd be less hastle just to pay it, and also, dont pull in front of a garda car again in future, if u think about it. what if they have to pull off after another car, and ure moped is in the way, cos u pulling in front of them ?

    Dangerous overtaking or not, maybe they saw sumthing you didnt ?


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  • Registered Users, Registered Users 2 Posts: 110 ✭✭ringleader


    When you're on a scooter or motorcycle, you should treat it like a car rather than a bicycle.

    It's illegal to skip a line of cars to get to the front at a traffic light like a cyclist would.
    You have to keep your own place in the line just like any other vehicle.
    It's especially bad that you were passing static traffic. If any of them made a move in front of you, you would have been moving too fast and are a small target for them to notice properly.


  • Registered Users, Registered Users 2 Posts: 36,533 ✭✭✭✭Hotblack Desiato


    ringleader wrote:
    When you're on a scooter or motorcycle, you should treat it like a car rather than a bicycle.

    It's illegal to skip a line of cars to get to the front at a traffic light like a cyclist would.
    You have to keep your own place in the line just like any other vehicle.
    It's especially bad that you were passing static traffic. If any of them made a move in front of you, you would have been moving too fast and are a small target for them to notice properly.

    This is complete and utter nonsense from start to finish

    You shouldn't ride a motorbike/scooter like a bicycle, but not like a car either. If you're going to be stuck in with the cars all the time you might as well be in one.

    Passing a line of cars (aka filtering) is **NOT** illegal unless you cross a continuous white line or cause oncoming traffic to take avoiding action

    Passing stopped traffic is far safer than passing moving traffic. I will usually wait for a slow moving line to stop completely before passing. That way any movement you can see is a danger sign, and cars can't pull out in front of you if they have no gap to turn.

    Do you even have a bike or a bike licence? If so I strongly advise you to get some proper training ASAP from someone who knows what they're talking about.

    In Cavan there was a great fire / Judge McCarthy was sent to inquire / It would be a shame / If the nuns were to blame / So it had to be caused by a wire.



  • Registered Users, Registered Users 2 Posts: 1,545 ✭✭✭Luckycharm


    I have a clean full drivers license for over 11 years not even a parking ticket. I have been driving a moped for over 6 years in Dublins traffic so I would not say I do not have experience - I did get pulled over once and to fair I was in the wrong but never heard anything about it.
    I have often followed Garda Motorbikes doing the exact same thing. I go the same route every day. As I said the traffic was at a standstill I was not speeding, did not pass on the inside, there is a broken line here, there was no oncoming traffic. There is no where a car could pull out it is literally 20 yds between traffic lights that are not very co-ordinated. The garda car did not see me till I pulled in front of it, there was another Motorbike already there- how did it get there?

    The Lady garda as I said before got out screamed at another car first she was intent on getting me for something.
    I have no problem paying a fine if I feel I was genuinely in the wrong. I don't so why should I just fork out €80 and take 2 pts on my license - basically take it up the arse :mad: I am quite willing to go in front of a judge just want to find out the best way to go about it.


  • Closed Accounts Posts: 2,585 ✭✭✭HelterSkelter


    Luckycharm wrote:
    I have no problem paying a fine if I feel I was genuinely in the wrong. I don't so why should I just fork out €80 and take 2 pts on my license - basically take it up the arse :mad: I am quite willing to go in front of a judge just want to find out the best way to go about it.

    You will have to take a day off work, how much will that cost you? Also you may have to get a solicitor. Judges tend to take you more seriously if you are representited by one. If you represent yourself you won't have a clue what is going on and will be very unsure of your rights.

    I know it is not fair but learn from your lesson and next time be nice to the Guards, apologise (even if you are not in the wrong) and smile. This has saved me from numerous fines :-)


  • Registered Users, Registered Users 2 Posts: 1,545 ✭✭✭Luckycharm


    Have no problem taking a couple of hours off work. I know a solicitor who also rides a bike going to ask him- have been in court before seen how it works due to the nature of my work. They also have to take a day out to go to court.
    Believe me Smiling, apologising etc would not have made a blind bit of difference with this Garda.


  • Registered Users, Registered Users 2 Posts: 3,375 ✭✭✭kmick


    If you go to court and lose then you will get a much larger fine and more points. that is the way it works. When you are riding a moped you are bound by the same laws as a car. If a car came up the turn right lane and pulled in in front of the traffic going straight on then that is an offence. So technically speaking by the letter of the law you were wrong. By the spirit of the law you will get away with it 99% of the time. The one time you wont get away with it is when a garda car is at the top of that line. You should have stopped behind it.

    I would take my slap and learn my lesson. Don't mess around with a garda who is in a bad mood. If you take a risk in going to court you could get a much stiffer penalty. See what your friend says. Id say he will tell you to drop it.


  • Closed Accounts Posts: 100 ✭✭RaiseTheBlinds


    Luckycharm wrote:
    I have a clean full drivers license for over 11 years not even a parking ticket. I have been driving a moped for over 6 years in Dublins traffic so I would not say I do not have experience - I did get pulled over once and to fair I was in the wrong but never heard anything about it.
    I have often followed Garda Motorbikes doing the exact same thing. I go the same route every day. As I said the traffic was at a standstill I was not speeding, did not pass on the inside, there is a broken line here, there was no oncoming traffic. There is no where a car could pull out it is literally 20 yds between traffic lights that are not very co-ordinated. The garda car did not see me till I pulled in front of it, there was another Motorbike already there- how did it get there?

    The Lady garda as I said before got out screamed at another car first she was intent on getting me for something.
    I have no problem paying a fine if I feel I was genuinely in the wrong. I don't so why should I just fork out €80 and take 2 pts on my license - basically take it up the arse :mad: I am quite willing to go in front of a judge just want to find out the best way to go about it.

    great to see somebody stand up against the gaurds !!!
    absolutely on principal , you are to be admired.

    i was told once that contacting a chief inspector in store street (wont say his name) was the appropriate way to go.
    where he assured that they fully recognise the attitude problem garda personell have, particularly the motorbike police who are generally not very well liked even amongst their own.
    this INSpector reckons that he and the majority of the authority are trying hard to erridicate the ill feeling people have towards the police, and are trying to encourage a pro friendly police unit.

    please dont roll over,
    gosh i feel like telling a few stories i have about the garda !!!
    the last of which , where in donnybrook station i was pawned off by a rude counter service bloke,....who was only dying to go back into the rear room to watch "THE SIMPSONS" !!! i could hear it in the backround.


  • Registered Users, Registered Users 2 Posts: 12,822 ✭✭✭✭galwaytt


    :D
    ringleader wrote:
    When you're on a scooter or motorcycle, you should treat it like a car rather than a bicycle.

    It's illegal to skip a line of cars to get to the front at a traffic light like a cyclist would.
    You have to keep your own place in the line just like any other vehicle.

    You are factually incorrect, and if you ever undergo your Rospa or IAM test, you will see that I am right. Filtering, as it's called, is NOT illegal. It is is illegal in Germany, and many US states, but not in this country.

    Furthermore, the only impediment to overtaking is a solid white line, oncoming traffic etc- if the last two spaces at the front are flanked by a solid white line, it's technically true, you can't do the last two spaces (quite common to mark roads this way). Outside of that, it's entirely acceptable to filter right up as far as you can (legally) go, and so long as you get back inside the white line marking your lane when you stop - you can't hover outside the solid white, for instance
    It's especially bad that you were passing static traffic.
    Passing traffic - whether moving or not - is entirely legal and acceptable.
    If any of them made a move in front of you, you would have been moving too fast and are a small target for them to notice properly
    Some corrections here too, and I'll take OP's facts as given, that this was a low-speed maneouvre....so where are you getting speeding from? I would point out that, on 2 wheels, you're always a target, so observation is everything.

    Luckycharm your comment "...which is completely bullsh*t given no oncoming traffic was going about 5k an hour past traffic that was not moving. THen was sitting at traffic lights for 30 seconds before going green.
    is probably what you need to concentrate on, here - ignore all the other stuff. You did not overtake against oncoming traffic, using empty roadway, and your speed was, at 5km/h, around walking space. The speed limit is 50km/h, so you were exercising particular care for the prevailing conditions, riding as it was, at only 10% of the allowed. I would cite this as an example of responsible riding, and that, de facto, is not dangerous, and so the charge is moot.

    No further questions, m'lud......


    1.

    Ode To The Motorist

    “And my existence, while grotesque and incomprehensible to you, generates funds to the exchequer. You don't want to acknowledge that as truth because, deep down in places you don't talk about at the Green Party, you want me on that road, you need me on that road. We use words like freedom, enjoyment, sport and community. We use these words as the backbone of a life spent instilling those values in our families and loved ones. You use them as a punch line. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the tax revenue and the very freedom to spend it that I provide, and then questions the manner in which I provide it. I would rather you just said "thank you" and went on your way. Otherwise I suggest you pick up a bus pass and get the ********* ********* off the road” 



  • Registered Users, Registered Users 2 Posts: 36,533 ✭✭✭✭Hotblack Desiato


    Seems we are in agreement galwaytt :)

    I think the OP should follow the advice of the other poster and try to talk to an inspector about this. They get it in the neck from judges when their officers bring rubbish charges into court and waste the court's time.
    If that doesn't work then by all means challenge it in court if you have a 100% clear conscience that what you did was safe. The charge is dangerous overtaking, not crossing a white line, so you are by definition not guilty if what you did was not dangerous.

    To me, it's hard to imagine how the garda in question would justify that charge in court, so there's an extremely strong chance she won't turn up.

    Get a good solicitor though just in case. Either way I'd say your chances are pretty good.

    In Cavan there was a great fire / Judge McCarthy was sent to inquire / It would be a shame / If the nuns were to blame / So it had to be caused by a wire.



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  • Registered Users, Registered Users 2 Posts: 1,545 ✭✭✭Luckycharm


    Thanks for your advice - Yep I am def now going to challenge it. I was really confused at the time why I was pulled over and thought it was for crossing white line where pedestrians are which I hadn't. She did not explain herself very well.
    As I have said I would no problem paying it if I felt I had done something wrong. I still do the same manouerve every day as does every other bike I see just not when there is cop car at the top of the traffic ;)


  • Registered Users, Registered Users 2 Posts: 12,822 ✭✭✭✭galwaytt


    Ninja900 :) howya

    Luckycharm - just keep it simple, and confine yourself to the facts of the ticket you've been issued - dangerous overtaking.

    Show how the opposite is the case, and try the local inspector first.......

    Ode To The Motorist

    “And my existence, while grotesque and incomprehensible to you, generates funds to the exchequer. You don't want to acknowledge that as truth because, deep down in places you don't talk about at the Green Party, you want me on that road, you need me on that road. We use words like freedom, enjoyment, sport and community. We use these words as the backbone of a life spent instilling those values in our families and loved ones. You use them as a punch line. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the tax revenue and the very freedom to spend it that I provide, and then questions the manner in which I provide it. I would rather you just said "thank you" and went on your way. Otherwise I suggest you pick up a bus pass and get the ********* ********* off the road” 



  • Registered Users, Registered Users 2 Posts: 1,545 ✭✭✭Luckycharm


    So should I ring the local Garda station first which would be Terenure garda station?


  • Closed Accounts Posts: 404 ✭✭Bernard Hopkins


    maybe try to go to the head of the traffic unit in your region,.......
    going to the same station as the offending officer is not a good idea,
    there is a "look after my back and ill look after yours" attitude in the cops.

    my sisters boyfriend uses the bus lane every day going to work ,...and repeatedly has the fines quashed cause his friend is a gaurd.
    i also know a gaurd who was caught drink driving , and on producing his own garda identity , he was not only let off,...but allowed to continue driving home drunk.

    im actually going to post a topic in the "after hours" section on my own experiences with the police.... bet theres a few more interesting stories to come out of the woodwork.

    best of luck ,... btw, an ex garda once told me that the garda chief in pearse st station is actually as honest as the day is long. goes exactly by the book apparently. pm me for his name , i dont know if he can do anything for you, but i would try him on his honest reputation.


  • Closed Accounts Posts: 254 ✭✭Scootay


    Definitely challenge it. Even if you were to lose there's feck all difference between 2 and 4 points on your licence. No doubt she's relying on you not challenging it and with a bit of luck the garda won't even turn up in court and it'll be thrown out.


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


    By not payig the fine you are basically challenging it.

    A summons will be issued and both you and the garda will be summonsed to court in front of a district court judge.

    I presume the gards evidence will be that you overtook a long line of traffic (also giving the time of day weather and road conditions and amount of other road users present including pedestrians) in the incorrect lane (failing to be in the correct lane) and cut in front of stationary traffic.

    Its basically up to the judge. You have to take a day off work, the Gard is most likely on overtime and the penalties will be increased if you are convicted.

    TBH you should have spotted the patrol car and pulled in behind it or a few cars behind it.


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  • Registered Users, Registered Users 2 Posts: 36,533 ✭✭✭✭Hotblack Desiato


    Chief--- wrote:
    you overtook a long line of traffic
    If an overtake is legal and safe, the number of vehicles being overtaken is irrelevant

    In Cavan there was a great fire / Judge McCarthy was sent to inquire / It would be a shame / If the nuns were to blame / So it had to be caused by a wire.



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


    Im not saying it was unsafe or illegal. Im just saying what the gard probably will say.

    Its up to her to provide the proofs for the judge to convict, that the overtake was dangerous. These include the traffic and weather conditions, the speed of the overtake, the amount of pedestrians present etc etc.


  • Registered Users, Registered Users 2 Posts: 2,372 ✭✭✭Illkillya


    Luckycharm - do you have an update on this? I am glad to see that you are contesting it rather than rolling over like a bold puppy and I hope that you have taken legal advice on it. Sounds to me like the garda was suffering from some rush hour road rage, and she shouldn't be allowed get away with taking it out on you.


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


    Maybe she has to deal with two or three accidents every rush hour at that junction. Maybe she is sick of appearing as a witness at so many civil court cases from those accident.

    For the OP is was probably his first interaction with a Garda.

    For the Garda it is probably an hourly event dealing with people who flout the rules of the road at that junction.


  • Registered Users, Registered Users 2 Posts: 2,372 ✭✭✭Illkillya


    Chief--- wrote:
    Maybe she has to deal with two or three accidents every rush hour at that junction. Maybe she is sick of appearing as a witness at so many civil court cases from those accident.

    For the OP is was probably his first interaction with a Garda.

    For the Garda it is probably an hourly event dealing with people who flout the rules of the road at that junction.
    That doesn't make it right. If the OP was not overtaking danerously then he should not be penalised for dangerous overtaking.


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  • Closed Accounts Posts: 254 ✭✭Scootay


    Chief--- wrote:
    For the Garda it is probably an hourly event dealing with people who flout the rules of the road at that junction.
    What rules of the road were being flouted?


  • Registered Users, Registered Users 2 Posts: 1,545 ✭✭✭Luckycharm


    Maybe she has to deal with two or three accidents every rush hour at that junction. Maybe she is sick of appearing as a witness at so many civil court cases from those accident.

    For the OP is was probably his first interaction with a Garda.

    For the Garda it is probably an hourly event dealing with people who flout the rules of the road at that junction.

    Chief not sure you know the Junction that is in question if you did you would know that basically every morning there is a line of stagnant traffic there due to some the worst Sequenced lights in Dublin. Lights at rathdown motors to terenure crossroads about 30ms between them.
    As I have said before I travel the same route every day for 6 years, like most bikers I am sure I know the lights sequence at this junction i.e. green followed by green filter turning right. I always have a quick look so I know around how much time I have it was green going the other way so I knew i had at least 30 seconds before my lights would change.
    I have pulled in front of Garda cars many times in the past with no incident.
    True I will not do it again :)

    Anyway update is my solicitor friend has been trying to get in touch with the Garda in Question who is out of Terenure garda station to get exact reasons for ticket so would no nasty surprises in court. I think I have till next Tuesday to pay I think but really would like to challenge it !!


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


    Scootay wrote:
    What rules of the road were being flouted?

    Dangerous overtaking aparently.


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


    Illkillya wrote:
    That doesn't make it right. If the OP was not overtaking danerously then he should not be penalised for dangerous overtaking.

    Its up to the Garda in court to give the necessary proofs to get a conviction for Dangerous overtaking.

    If the Judge thinks the required proofs are not given he will not conivct.


  • Closed Accounts Posts: 3,167 ✭✭✭gsxr1


    i got stopped for the same thing last year at the keys. rid in between two cars. one of which was a guard car. they where both stoppedat the lights the guard stopped me down the road and was shouting at me. i had no problem shouting back at him. it says in the police road craft book that i can filter. if the line of traffic on your left or right is stopped or moving slow.and as long as the line on the road is broken. i challenged what he says and he backed down . he also threatened to arrest me for having no licence on me. he was anti bike. galwaytt and ninja900 are 100% correct.
    but i was also told by a guard that the whole subject can become very grey. there is strong evidence that filtering causes crashes. i have to admit to a few close shaves myself while doing it.


  • Registered Users, Registered Users 2 Posts: 36,533 ✭✭✭✭Hotblack Desiato


    gsxr1 wrote:
    there is strong evidence that car drivers not looking properly and not signalling when changing lanes causes crashes.
    Corrected that for you :)
    i have to admit to a few close shaves myself while doing it.
    Filtering is safe if done carefully and if the difference in speed between you and the cars isn't too high. You need time to react to anything happening in front of you, and you need to give the car drivers (the ones who actually do look) the chance to react to you coming behind them.

    :mad: The Road Safety Authority were giving out "This is your Bike" booklets at the bike show, the original version of this was basically written by MAG and rider trainers, but when printing the new version they just took out the page on filitering altogether. That's nuts. If they think riders are better off without safety advice, why are they bothering to print a safety booklet at all. Also they dumbed down the section on cornering to say that you basically should stay in the middle of your lane at all times. Daft.

    In Cavan there was a great fire / Judge McCarthy was sent to inquire / It would be a shame / If the nuns were to blame / So it had to be caused by a wire.



  • Registered Users, Registered Users 2 Posts: 1,545 ✭✭✭Luckycharm


    gsxr1 wrote:
    i got stopped for the same thing last year at the keys. rid in between two cars. one of which was a guard car. they where both stoppedat the lights the guard stopped me down the road and was shouting at me. i had no problem shouting back at him. it says in the police road craft book that i can filter. if the line of traffic on your left or right is stopped or moving slow.and as long as the line on the road is broken. i challenged what he says and he backed down . he also threatened to arrest me for having no licence on me. he was anti bike. galwaytt and ninja900 are 100% correct.
    but i was also told by a guard that the whole subject can become very grey. there is strong evidence that filtering causes crashes. i have to admit to a few close shaves myself while doing it.

    Very interesting - Given I have been a car driver longer then a scooter driver- I think it has made me more careful when on the bike. When passing static traffic if nothing oncoming I do it quite wide to give myself enough time to react. I generally look underneath the cars for feet and go very slowly past anything I see through, over, under.
    I have actually had more problems in the past with Pedestrians and cyclists who just go out in front of you without even looking :mad:

    Think I will stick to a scooter though as don't think I could trust myself with a Motorbike - some of the motorbikes I see in the morning seem to like playing Chicken with the oncoming cars and I know which would win:eek:


  • Closed Accounts Posts: 13,249 ✭✭✭✭Kinetic^


    Yeah defo agree with you luckycharm about driving both gives you more awareness.

    Haven't got stopped for filtering ever, actually haven't got pulled over in while *touches wood in meh pants* :D Last time I was pulled over was for speeding, stupid whore!!! :mad: It was the red coz section of the M50, need I say more.......silly limit along there.


  • Moderators, Category Moderators, Arts Moderators, Entertainment Moderators, Social & Fun Moderators Posts: 16,663 CMod ✭✭✭✭faceman


    I might have missed it in the thread somewhere but just in case... OP make sure that your license is correct before appealing, otherwise ur goosed i reckon. Does seem a bit extreme what you went through but you're always goin to get gardai who will and who wont anyway.

    I have to say tho, it was kinda risky doin it with a garda car there, as someone already said, i also pull in a few cars behind, just in case.

    Might be worth giving MAG a shout and see if they have any advice.


  • Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    Two guards followed my friend who was on his Pan while he went for a spin on the M50. The cops followed him from Palmerstown to Bray, then pulled him for suspicious behaviour, evasive riding, leaving motorway and getting right back on, etc etc. He put a complaint in straight away to Blanch station. The guards were questioned and gave a report to superiors. The cop car had a camera which contradicted their reports. CAUGHT RAPID !! They were caught for false report, illegal stop, and others. This was before the law changed, that gives the cops to stop any vehicle for no reason....


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