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  • 30-09-2007 2:59pm
    #1
    Sully
    Moderators, Education Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 24,056 Mod ✭✭✭✭


    Hi,

    Tad bit curious - if someone is pulled over by a guard for a minor traffic offence (followed a good distance from where the offence was committed before being pulled over), was question briefly, and then told to "pay more attention" or similar. Does the guard have to indicate the driver will be fined/given points? He is not required, I take it, to give any indication that the driver will be "punished" for the offence?

    So a guard can just pull someone over, ask why the offence was committed, say OK and drive off without any indication a fine will be issued??

    (Makes me think about boards moderators should tell someone if there banned and for how long ;))

    Curious on this one, tis not been taken as any legal advise. If I require such advise, my solicitor is on hand :)


Comments

  • #2
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,549 Mod ✭✭✭✭johnnyskeleton


    Sully wrote:
    Hi,

    Tad bit curious - if someone is pulled over by a guard for a minor traffic offence (followed a good distance from where the offence was committed before being pulled over), was question briefly, and then told to "pay more attention" or similar. Does the guard have to indicate the driver will be fined/given points? He is not required, I take it, to give any indication that the driver will be "punished" for the offence?

    So a guard can just pull someone over, ask why the offence was committed, say OK and drive off without any indication a fine will be issued??

    Seeing as they don't even need to pull the person over, I would say that no, they don't have to give an indication that a fine will be issued. It sounds unusual, because anecdotal evidence suggests to me that they would give a lot of people warnings about a fine in the post, but not follow through with them.

    Generally, the only circumstances where a garda needs to give a warning or caution is where consequences can arise from further behaviour - e.g. they need to be very careful when dealing with drink driving offences because they are relying on the samples that are subsequently taken at the garda station.


  • #3
    Sully
    Moderators, Education Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 24,056 Mod ✭✭✭✭Sully


    Doesnt say very much for the force if they dont have to tell you if there going to issue a fine or anything. Seems like a decent thing to do, if they pull you over to at least tell you.

    Out of curisoity, the issue which im discussing at the moment on Motors - http://www.boards.ie/vbulletin/showthread.php?t=2055158002 - are you able to tell me (opinion - not legal advise) what people are saying is correct? That if your past the line, half way out, waiting for a gap before safely turning right - that you can break the red light? Instead of sitting obstructing traffic as the only chance I got to go was when my light was red.

    Again, this is not legal advise. I want your opinion, and not looking for legal advise of Boards. Thats my solictors job :)


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