The Gardai flash siren and pull over a motorist

pirelli

I have a interesting hypotetical question
If hypotetically you are driving perfectly legally and the Garda behind you flashs his/her siren and hypotetically pulls you over and ask you to produce your licence and insurance within ten days. Hypotetically would you say the Gradai have to have a reason to stop you and if the gardai do stop you without a reason then could could you hypotetically get away then in court with having no insurance because technically they had no right to stop you.
This is factional technical question not ethical. :mad: :rolleyes:

(Note: A motorbike, Motorcycle's dont have to have insurance discs displayed nor NCT. )

Victor

You have a driving licence. There is no right to drive. They can stop you any time they want without probable cause.

In fact they often set up check points to check for tax and insurance.

Jo King

The issue was dealt with in the case of DPP (Statford) v Fagan [1994] 3 IR 265.
The guards can stop motorists and check them and their vehicles. An un-insured motorist will not have a defence. In any case, in the hypothetical scenario above, the motorist is driving perfectly legally. If that is the case the motorist will have their licence with them and will be insured, and have the certificate with them.

vasch_ro

Victor wrote:

You have a driving licence. There is no right to drive. They can stop you any time they want without probable cause.

In fact they often set up check points to check for tax and insurance.

victor is dead right here, there is a general power under the road traffic act where by the gardai can stop motor cars, no reason as such is needed .

pirelli

Brilliant that's some knowledge you have of the law Jo King, very good.
I am impressed.