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Fixed penalty notices

  • 20-03-2009 11:11pm
    #1
    Capri
    Registered Users, Registered Users 2 Posts: 4,499 ✭✭✭


    Any info on Fixed penalty notices, it seems very 'random' - no proof needed.
    IMO there should be corroborating evidence rather than 'the word' of a litter warden or garda ??


Comments

  • #2
    Hooch
    Registered Users, Registered Users 2 Posts: 4,957 ✭✭✭Hooch


    There is different proofs for different offences, but generally for FCPS like speeding its the word of a Garda. This generally taken as it is a sworn duty ''without fear, favor, malice or ill will''. The Garda normally has a good rapore with Judges who are good at picking out a liar and if a Garda ever did lie and was caught out he would never be believed again. Hope this helps


  • #3
    McCrack
    Registered Users, Registered Users 2 Posts: 2,992 ✭✭✭McCrack


    You don't have to pay a FCPN. You can ignore it and let the Garda summons you and bring you to court where the Garda is on full proof of the offence he/she alleges you committed.


  • #4
    daithip
    Registered Users, Registered Users 2 Posts: 220 ✭✭daithip


    McCrack wrote: »
    You don't have to pay a FCPN. You can ignore it and let the Garda summons you and bring you to court where the Garda is on full proof of the offence he/she alleges you committed.

    Good advice but if you're convicted you're looking at heftier penalties!!!


  • #5
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    daithip wrote: »
    Good advice but if you're convicted you're looking at heftier penalties!!!
    And that is the stick used to beat people into submission.


  • #6
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Interesting concept there.

    For a speeding charge under S47 RTA 1961, the word of the Garda cannot be challenged by the accused. The reading on any speed meter is gospel with no avenue to challenge.

    It is no wonder that most Fixed penalty notices are paid.


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  • #7
    Hooch
    Registered Users, Registered Users 2 Posts: 4,957 ✭✭✭Hooch


    Bond-007 wrote: »
    Interesting concept there.

    For a speeding charge under S47 RTA 1961, the word of the Garda cannot be challenged by the accused. The reading on any speed meter is gospel with no avenue to challenge.

    It is no wonder that most Fixed penalty notices are paid.

    Pretty much to be honest. The speed detection gun must of course be calibrated on yearly intervels or when the calibration seal is broken. Generally our Traffic ones are done every 4-6 months.

    Now of course the word of a Garda can be challenged but generally it is taken as truth. The oath taken at attestation suggests that we have no reason to lie(which is true, why lie!!!).


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