Should I expect a summons

FullOf..IT

quick question.

Got pulled over by garda car.

Basically they said i was driving dangerously and over the speed limit of 50km. They didnt have a camera or anything, they said they observed me taking a corner at 50km which i couldnt / wouldnt have been with my 6 yo in the car but thats all irelevant.

One of them took all my details, licence, cert of insurance, reg etc on his notepad. After this he gave me a dressing down and said to be more careful and not to me so cheeky.

Should i expect a summons as he didnt say wheather to expect any follow up on this or not?

Thanks.

djtechnics1210

Hard to tell.... wait 6 months. If nothing happens your in the clear.

sdanseo

Does the Guard not have to tell you what action he intends to take, if any? - it would certainly be common decency, in fairness.

Hooch

sdonn_1 wrote: »

Does the Guard not have to tell you what action he intends to take, if any? - it would certainly be common decency, in fairness.

Normally we would and im disappointed to hear this to be honest. Its more professional to inform the offender of the alleged offence, although you dont have to unless the member intends to persue a conviction for dangerous driving. In that case an oral warning or a written registered letter must be given informing the suspect of such a case.

As Dj said if it goes past 6 months then your grandas the statute of limitations kicks in.

FullOf..IT

Thanks all

Sully

Had a similar situation before, wasn't told I was getting a summons and one arrived some days later.

yayamark

nice guy always wrote: »

although you dont have to unless the member intends to persue a conviction for dangerous driving. In that case an oral warning or a written registered letter must be given informing the suspect of such a case.

What are u on about?

Hooch

yayamark wrote: »

What are u on about?

Sorry only remembered thats gone for years fellows:o!!! Newer members wont remember that!!

We had to...by law.....inform an s/o of intention to prosecute for sec 53!!! Pain in ass cuz if you forgot you had to send registered letter.

It was scrapped as it showed A prejudicial intention and undermined fair investigation

Am i the only one that remembers this??

Croc

djtechnics1210 wrote: »

Hard to tell.... wait 6 months. If nothing happens your in the clear.

"ITS NOT 6 MONTHS"

He has 6 months to make the application for the issue of a summons, by the time he does that if he were to leave it five months and then the court has to issue it etc, it could be up to 12 months before you get it.

Croc

nice guy always wrote: »

Sorry only remembered thats gone for years fellows:o!!! Newer members wont remember that!!

We had to...by law.....inform an s/o of intention to prosecute for sec 53!!! Pain in ass cuz if you forgot you had to send registered letter.

It was scrapped as it showed A prejudicial intention and undermined fair investigation

Am i the only one that remembers this??

Nope,

I remember it to

djtechnics1210

I am now informing you that you may be prosecuted under section 51, 52 or 53 of the r.t.a, for the offences of bla bla bla. "enter caution". Thank feck thats gone

djtechnics1210

Croc wrote: »

"ITS NOT 6 MONTHS"

He has 6 months to make the application for the issue of a summons, by the time he does that if he were to leave it five months and then the court has to issue it etc, it could be up to 12 months before you get it.

I always had directions on simple matters like that within maximum 2 months super/inspector directs on it.

I know in most districts if you didn't issue a simple section 51,52 or 53 summons until nearly 6 months you'd want to buy a tub of vaseline, cause super/inspector are polishing their boots for ya :eek:

Its not a big file.... two statements, you should have file and directions within a few weeks.

Justice delayed is justice denied

Croc

djtechnics1210 wrote: »

I am now informing you that you may be prosecuted under section 51, 52 or 53 of the r.t.a, for the offences of bla bla bla. "enter caution". Thank feck thats gone

Agreed had to fill out a few C(T)33 ? (Correct me if i have the wrong number) in my time

Croc

djtechnics1210 wrote: »

I always had directions on simple matters like that within maximum 2 months super/inspector directs on it.

I know in most districts if you didn't issue a simple section 51,52 or 53 summons until nearly 6 months you'd want to buy a tub of vaseline, cause super/inspector are polishing their boots for ya :eek:

Its not a big file.... two statements, you should have file and directions within a few weeks.

Justice delayed is justice denied

Not disagreeing with you, but some earlier posters were giving the OP the impression that if they had not received a summons in six months they were off the hook, did'ent want them mislead

djtechnics1210

+1 Croc
Your spot on..... could be nearly a year and half id say if there's any delays with summons, not delivered, delay getting sent back to court etc etc

yayamark

nice guy always wrote: »

Sorry only remembered thats gone for years fellows:o!!! Newer members wont remember that!!

We had to...by law.....inform an s/o of intention to prosecute for sec 53!!! Pain in ass cuz if you forgot you had to send registered letter.

It was scrapped as it showed A prejudicial intention and undermined fair investigation

Am i the only one that remembers this??

oh i remember it all right just couldnt believe i was hearing it again!

seanybiker

nice guy always wrote: »

Normally we would

Ah yeah but your always a nice guy . Gedit gedit lol

goldie fish

djtechnics1210 wrote: »

I am now informing you that you may be prosecuted under section 51, 52 or 53 of the r.t.a, for the offences of bla bla bla. "enter caution". Thank feck thats gone

Don't forget S47...

Hooch

yayamark wrote: »

oh i remember it all right just couldnt believe i was hearing it again!

Now you can tell how often i used it then:o.

''Go on sure you'll be grand!'':D

TomRooney

FullOf..IT wrote: »

quick question.

Got pulled over by garda car.

Basically they said i was driving dangerously and over the speed limit of 50km. They didnt have a camera or anything, they said they observed me taking a corner at 50km which i couldnt / wouldnt have been with my 6 yo in the car but thats all irelevant.

One of them took all my details, licence, cert of insurance, reg etc on his notepad. After this he gave me a dressing down and said to be more careful and not to me so cheeky.

Should i expect a summons as he didnt say wheather to expect any follow up on this or not?

Thanks.

i would say theres a 50-50 chance of you getting a summons, i was stopped over a year ago, i had cancelled my insurance policy policy which meant i then had to return the policy and insurance cert, i then got re-insured and what was told i was covered but i hadnt recieved my new policy so had no visable insurance disk only, the insurance company told me i would be ok to drive on the policy, so i did anyway i was stopped and the garda got his knickers in a twist he thought he had got me i explained my case and he didnt believe me, so he proceeded to ring the insurance company to verify i was insured which he did, and the insurance company verified what i said so i was free to drive off home........about 7 months later i recieved a summons for no insurance which was a bit of a shock as he never mentioned that was his intention plus he verified my story and knew i was insured. anyway the judge threw it out and didnt entertain it when i explained my case and gardai in question was left looking red faced.

TomRooney

happyhappy wrote: »

was this not the case that you were given 10 days to produce your documents at a station, failed to do so, recived summonses and then produced them at court on the day and the matter was struck out?? if i was it happens all the time and i would doubt that it left the garda red faced!

did the garda actually ring your insurance company from the side of the road when he stopped you?? he was mad if he did. was he not on his garda radio instead chcking your vehicle and then made a demand for you to produce aa a garda station and then let you drive off?? the reason he didn't believe you is that the onus is upon the driver to prove that he is insured, which you said you were, but you had no documentation to prove this and unfortunately your word is not good enough. so my guess is when it went to court you produced the documents and it was struck out, as i said this is a very common occurance.

i think it relevant to clarify this as the OP is looking for advice on a certain incident and your story may mislead!

by the way, was he actually wearing knickers?? that feels sore if they got in a twist!! :D

eh no happy happy, it happened the way i explained, i had shown the garda the insurance policy but hadnt recieved the new insurance disk, so he rang the insurance company and they told him i was insured he asked me to produce my licence, but didnt mention anything about showing insurance as he confirmed i was insured by ringing the Insurance company.
but i recieved a summons for having no insurance, i went to court and expalined my case and the garda in question looked like a fool, and the judge gave him a bit of a telling off about not following correct procedure. so no need for your attempt at revising my story, i can do that myself if i want.

deadwood

TomRooney wrote: »

i would say theres a 50-50 chance of you getting a summons.............so he proceeded to ring the insurance company...

Maybe he called a friend.


I always enjoy reading on boards how judges have given guards a roasting from the bench for doing something wrong/ wasting court time etc...
I've been in court a few times myself over the years and haven't seen it yet (the roasting bit, not the guard doing something wrong bit. I forgot my biro once.)

Frizzaldo

Hi There, i was pulled over yesterday for entering a filter lane too soon, basically i was in a single lane that was about to spilt into two lanes so that the right lane could turn right (the other lane went straight on). There was heavy traffic and in my impatience as there was no oncoming traffic i cut out of the single lane before it split and broke the hatched markings to enter the empty filter lane.

I was pulled over a details taken, the garda said i'd be prosecuted, mentioned it was dangerous and that i'd also been on the wrong side of the road.

What is the likely prosecution for this?

Looking at the penalty point list it could fall into one of these:
Crossing continuous white line
Entry by driver into hatched marked area of roadway
Failure to drive on the left hand side of the road
Failure to comply with traffic lane markings
or
Driver found to be driving carelessly (which could require a court appearance)???

thanks for your help

TheNog

my guess is one of the first two

Frizzaldo

cheers Nog, i hoping i won't have to go to court...

Hooch

deadwood wrote: »

I forgot my biro once

There called contemporaneous notes you know:p:p

Frizzaldo

almost 4 months on got a letter in the post, was done for 3 offences: Crossing a white line (2pts), driving without reasonable consideratrion (2pt) and entering a hatched area (1pt)
so 5 points in total!!
and €240 fine!

Seems extreme for entering a filter lane a little early, is there anything i can do?

DubMedic

Always expect a summons, and with a bit of luck.. you won't get one.

.

Hooch

Frizzaldo wrote: »

almost 4 months on got a letter in the post, was done for 3 offences: Crossing a white line (2pts), driving without reasonable consideratrion (2pt) and entering a hatched area (1pt)
so 5 points in total!!
and €240 fine!

Seems extreme for entering a filter lane a little early, is there anything i can do?

You only got 2 points. you CANNOT get numerous points for the same offence.

Frizzaldo

are you sure of that?

there were 3 different fixed charge offence letters in the envelope when it arrived

Frizzaldo

what route should/can i take to challange this?

Frizzaldo

sent npo@garda.ie an email and they confirmed only 2 points would be endorsed (highest of the offences) but will still have to pay the full fine for all 3, still seems steep for what i did but better than getting 5points!

thanks for your help Always nice guy.

Hooch

Frizzaldo wrote: »

sent npo@garda.ie an email and they confirmed only 2 points would be endorsed (highest of the offences) but will still have to pay the full fine for all 3, still seems steep for what i did but better than getting 5points!

thanks for your help Always nice guy.

No problem. At least it doesnt seem so bad for you now!

Bugnut

Glad it worked out better for you.

Reminds me of the kind of Police interactions I have experienced whilst living in Third World Countries.

At least you could pay those officers off.

In all other countries you have to be informed of the offence at the time of booking so there should be no surprises.

Ask the officer for his details and specifically what you are being charged with, just so they can't go back through their book at a later date and pick out cases to prosecute to make up their numbers.

Bugnut

Bugnut wrote: »

Glad it worked out better for you.

Reminds me of the kind of Police interactions I have experienced whilst living in Third World Countries.

At least you could pay those officers off.

In all other countries you have to be informed of the offence at the time of booking so there should be no surprises.

Ask the officer for his details and specifically what you are being charged with, just so they can't go back through their book at a later date and pick out cases to prosecute to make up their numbers.

Bugnut, what are you talking about?

And we don't have quota's dispite what the conspiracy theorists think.

Bugnut

Any interaction with a Police officer or any Government Official should be a clear , transparent and decisive experience.

In no way should you ever have to wonder if maybe the Police officer will issue a summons or not - what kind of rubbish is that, and furthermore what level of trust or respect is that kind of anbiguity going to create.

No one remembers the dithering teacher they had in school with admiration, we all generally remember the more stern but straight and fair teacher in a positive light.

I never used the word "quota" - numbers of arrests , fines issued etc are all taken into account when performance is assessed.

Bugnut

Bugnut wrote: »

Any interaction with a Police officer or any Government Official should be a clear , transparent and decisive experience.

That is very true and does not take much to achieve.

Bugnut wrote: »

I never used the word "quota" - numbers of arrests , fines issued etc are all taken into account when performance is assessed.

It is implied in your previous post.

Bugnut wrote: »

Ask the officer for his details and specifically what you are being charged with, just so they can't go back through their book at a later date and pick out cases to prosecute to make up their numbers.

Oh, if you are being charged then you will have been arrested and had the reasons why explained in legal speak and plain english. (Or whatever your first language is).

Bugnut

Bugnut wrote: »

In no way should you ever have to wonder if maybe the Police officer will issue a summons or not - what kind of rubbish is that, and furthermore what level of trust or respect is that kind of anbiguity going to create.

I note you did not care to comment on this part.

You also state that "Oh, if you are being charged then you will have been arrested and had the reasons why explained in legal speak and plain english. (Or whatever your first language is)"

So by your explaination, am I to understand that if I am not arrested at the time a traffic offence is committed then I cannot be charged ?

djtechnics1210

You could be charged at a later date depending on what the offence was.

Shield

Bugnut wrote: »

So by your explaination, am I to understand that if I am not arrested at the time a traffic offence is committed then I cannot be charged ?

I doubt that very much.