Question on reporting bad drivers

Tom Dunne

Not sure if this is suited to here or the Motors forum, please move if not appropriate.

Before Christmas, I used that 1890 number to report a lunatic driver (I was on handsfree, for the record). I was asked if I would make a statement to a Garda, to which I agreed.

Finally got a phonecall about this yesterday, but the Garda said to me that I would have to attend court if I made the statement. It appears that they will be convicting this person on the basis of my statement.

Does this sound the correct? The initial Garda I spoke to before Christmas didn't say I would have to go to court, yet this one does.

Anybody have any experience of this procedure? I must admit, I am reluctant to make a statement if I have to go to court.

Ham'nd'egger

Tom Dunne wrote: »

Not sure if this is suited to here or the Motors forum, please move if not appropriate.

Before Christmas, I used that 1890 number to report a lunatic driver (I was on handsfree, for the record). I was asked if I would make a statement to a Garda, to which I agreed.

Finally got a phonecall about this yesterday, but the Garda said to me that I would have to attend court if I made the statement. It appears that they will be convicting this person on the basis of my statement.

Does this sound the correct? The initial Garda I spoke to before Christmas didn't say I would have to go to court, yet this one does.

Anybody have any experience of this procedure? I must admit, I am reluctant to make a statement if I have to go to court.

Open comment here; if you don't go to court, your phone call was wasted. What is the point of a prosecution without evidence? This is what the legal system relies on; people to stand up and be counted if ever need be. As you are a witness, your statement has to be made and you would need to be willing to back it up and turn up in court if need be. I have made statements before with view to being a witness for two cases in the past. One case was dropped (long story) and one was settled with a guilty plea entered by the prosecuted as I was willing to take the stand to back up my evidence. If a plea is entered, you won't even need to be called to give evidence.

The Gardaí will look after you well and nurse you through making a statement so don't worry too much over it; it will also be done in your own time if missing work etc is an issue.

daymobrew

Tom Dunne wrote: »

Anybody have any experience of this procedure? I must admit, I am reluctant to make a statement if I have to go to court.

Making a statement is no guarantee that the case will go to court. I've made a number of statements for my many many TrafficWatch reports. None have gone anywhere. In one case the Garda said that he'd pass the statement to his superiors and they'd decided whether it warranted being taken to court.

In the rare times when Gardai follow-up on my TW calls I ask them to speak with and warn the driver and to get back to me if the driver takes the mick and is unrepentant (this approach was suggested by a Garda Sergeant). Then I'll happily make a statement.

Tom Dunne wrote: »

Before Christmas,
...
Finally got a phonecall about this yesterday

Over 3 months to follow-up - that's pathetic (though, in my experience, not unusual). Such delays are not fair on the reporter and the accused as the specifics of incident could be long forgotten.

godtabh

daymobrew wrote: »

Over 3 months to follow-up - that's pathetic (though, in my experience, not unusual). Such delays are not fair on the reporter and the accused as the specifics of incident could be long forgotten.

Is that to make the statement?

If I got a phone call 3 months later I would not be able to remember in any detail what happened

Victor

If you are worried about your privacy, then say it to the garda and that can be protected.

daymobrew

kearnsr wrote: »

Is that to make the statement?

If I got a phone call 3 months later I would not be able to remember in any detail what happened

Sometimes it takes an age before they contact me, if they bother at all :rolleyes:
I add a short note of the incident to a text file on my computer.
For example:

When: Monday 7 April 2008 at 8:40
Where: Madeup Road at Madeup Street
Car details: XX-D-XXXXX, Ford Model T.
Incident: Driver cut corner when turning right into Madeup Street. Nearly ran into a cyclist that was waiting to turn right out of Madeup Road. Car skidded to a stop a very short distance from the cyclist.
TW report:Monday 7 April at 9:50
Garda followup: None yet

Tom Dunne

daymobrew wrote: »

Over 3 months to follow-up - that's pathetic (though, in my experience, not unusual). Such delays are not fair on the reporter and the accused as the specifics of incident could be long forgotten.

I can remember the day vividly as I wouldn't normally be down that neck of the woods. I can remember in general terms how bad the driving was (e.g. overtaking on a bend, one inch from everybody's bumper, attempting to overtake on the inside on two separate occasions). I hope that would be enough.

Victor wrote: »

If you are worried about your privacy, then say it to the garda and that can be protected.

It's terrible, I get the impression the Garda in my local station was actually trying to put me off making a statement. The Garda in the station local to the incident was decent enough, so I could say it to him.

Turner

Victor wrote: »

If you are worried about your privacy, then say it to the garda and that can be protected.

No it wont.

He will have to stand up in the box in an open public court and say what he saw to the Judge.

The same as any Garda who witnessed it would have to do.

Victor

What I mean is they can be discreet about his name and address in open court.

Not the ERU and a privacy curtain.

Our man in Havana

The name will be read out regardless.