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penalty points appeal?

  • 25-09-2008 5:29pm
    #1
    Closed Accounts Posts: 7,134 ✭✭✭


    I got a letter today from the RSA saying 2 points would be applied to my licence over an incident in July.

    The n0b guardai on the day said I would be just fined €80 and if we did not shut up (my passengers and my self were slating him over this incident) he would also give me points, so I left it at that and drove off.

    So I was surprised to see that I was also getting points.?

    Apparently if you DONT pay the fine and appeal it you will not get points?! wtf

    I paid this fine last week btw.

    I have this letter written out and will send it to the RSA, and going to drop into my guardai station tomorrow.


Comments

  • Registered Users, Registered Users 2 Posts: 1,017 ✭✭✭Bendihorse


    I got 2 points off a guard a few weeks ago for being 'On the phone'.

    When i pointed out to him that i wasn't 'on the phone' he said 'the offence is for holding the device in your hand'. Ok but i wasn't texting, the phone rang, i looked at the screen to see who it was and put it back down.

    It just so happened that this guard had a camera crew in tow. I asked him what that was about and he bluntly replied 'they are recording what we do'. I also asked him was he really going to give me points for seeing me hold my phone for a split second to which he replied 'yes'.

    He then proceeded to coach me on how to rejoin the motorway 'gradually build up my speed on the hard shoulder and merge with the traffic when it was safe to do so'. Whatever like, i sat my test, i know the bloody rules of the road mate.

    Anyway, it was clear to me that this was all done for the benefit of the camera and i was ripping. He said 'thanks very much' to which i replied 'Thanks yourself' and drove off. I had a good mind to pull straight out into the lane just to rattle his bones but thought better of it.

    Anyway, i toyed with the idea of appealing on the grounds that he was doing this for the benefit of the camera, but didn't bother in the end. Too much bloody hassle and not worth a day in court so i paid the fine, got my two points and sucked it up.

    Best of luck in your appeal.


  • Registered Users, Registered Users 2 Posts: 9,244 ✭✭✭sdanseo


    Bendihorse wrote: »
    I got 2 points off a guard a few weeks ago for being 'On the phone'.

    When i pointed out to him that i wasn't 'on the phone' he said 'the offence is for holding the device in your hand'. Ok but i wasn't texting, the phone rang, i looked at the screen to see who it was and put it back down.

    In fairness, the fact that you took your eyes off a motorway to look at your phone means you deserve it. If it was in a holder etc then fine, but if you rummaged on the passenger seat for it then you were clearly distracted, even if only for a moment.

    X in the city - you've paid the fine so as far as I know you can't appeal it any longer. If the guard mislead you that's another matter entirely but they're not allowed give the fine and not the points - they come as one. Always worth a try though, in which case best of luck - but some pointers:

    Either way, appealing would involve going to court, where you could end up with 4 points and €3,000 fine IIRC.

    I'd also give that letter a LOT of going over again, not meaning to be harsh tbh but your average RSA person will probably have their mind made up by the end of the first line. It's really badly written I'm afraid. (I presume you want criticism as you included it).

    For what it's worth - Garda is singular, Gardaí is plural. Don't quote boards because I'm pretty sure the word of random internet people is not admissible in court, and I really don't think it will go down well at all with the admins if it ever comes back to bite them in the arse.


  • Registered Users, Registered Users 2 Posts: 543 ✭✭✭Jeapy


    I got a letter today from the RSA saying 2 points would be applied to my licence over an incident in July.

    The n0b guardai on the day said I would be just fined €80 and if we did not shut up (my passengers and my self were slating him over this incident) he would also give me points, so I left it at that and drove off.

    So I was surprised to see that I was also getting points.?

    Apparently if you DONT pay the fine and appeal it you will not get points?! wtf

    I paid this fine last week btw.

    I have this letter written out and will send it to the RSA, and going to drop into my guardai station tomorrow.

    Read your letter. Just a suggestion to change "Guardai" to Gardai, foynes to Foynes and include the name of the guy who gave you the fine, where he's stationed etc. Best of luck


  • Closed Accounts Posts: 7,134 ✭✭✭x in the city


    I can see where ye are at allright, probably a waste of time, especially since I don't have the guards name.

    I mean, what can we do, just let these ignorant prick$ walk all over us, I mean are they ever in the wrong.


  • Registered Users, Registered Users 2 Posts: 38,247 ✭✭✭✭Guy:Incognito



    I mean, what can we do, just let these ignorant prick$ walk all over us, I mean are they ever in the wrong.

    ? You don't deny the offence. You admit you and your mates were giving him grief and now your whinging because he threatened to give you points that are automatically given with the fine? His attitude (or yours for that matter) are pretty irrelevant to the incident that you appear to have been fairly caught for.


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  • Registered Users, Registered Users 2 Posts: 16,930 ✭✭✭✭challengemaster


    Wait, you and your mates were slating a Garda, doing his job because you broke the rules of the road, and are now complaining he did something about it? Just to clear that up like.. :pac:


  • Registered Users, Registered Users 2 Posts: 4,175 ✭✭✭Top Dog


    What was the incident in July? Speeding?


  • Registered Users, Registered Users 2 Posts: 17,819 ✭✭✭✭peasant


    Thread locked pending admin investigation


This discussion has been closed.
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