Speeding "Alledged"

techi

Hi Guys,
Maybe someone can give me some advise, I was stopped last night for speeding. I am pretty sure I was not doing speed alledged and a work mate was in car behind me called me shortly after to confirm same.

The garda was very polite etc.. and continued to tell me he had given other drivers the benefit of doubt earlier and went on to say in particular about a taxi driver that he and 2 other gardai had let go at different times and mentioned the other gardai by name. He then went on to say he can tell if a car is speeding just by looking at it.
My work mate behind me is fully convinced the two gardai were looking at speed gun like something was wrong with it.

I stated to him I was not going the speed indicated his response was "sure your driving an Audi A4" I stated "and" he said " they can easiy get to xx"

Now dont get me wrong if im caught fair and square I'll take the slap but I do believe an error has occured.

So I'm at an odds what to do, some constructive advise would help guys.

P.S. I might add the Gardai were on foothpath holding the speed gun (Not in car).

Cheers
Techi

mikemac

techi wrote: »

My work mate behind me is fully convinced the two gardai were looking at speed gun like something was wrong with it.

Irrelevent unless your mate knows everything about speed guns and even then that means nothing. He isn't trained to use them and just doesn't know.

Did you get a printout or even get see some display.
I've never been stopped ( unlikely on a 50cc scooter :pac:) but surely you get more proof then

can tell if a car is speeding just by looking at it

Pretty unprofessional of the garda to tell you of everyone they let go. Weakens their case immediately. Why not just do it by the book and not telling people information they don't need to know?

mickdw

ask for calibration cert for speed gun and also users manual if you want to go the route of saying the gun was wrong.
however if by chance you dont get the reminder about the speeding ticket in the post (and its not registered), you can just go to court, tell the judge you didnt get any reminder and that you were caught by the grda and intended to pay the fine but you never recieved the letter in the post. Case dismissed. its happening everyday. the judge knows its crap but they just blame the system of none registered post

techi

I got no printout he wrote into a ticket book, I requested copy but was told it would arrive by post. I have no idea what was on this book I was not asked to sign anything.

He did show me display.

I'm reading bits and pieces about the net, would I be right in saying a Garda must invoke/quote section of road traffic act he is issuing ticket under. As he never quoted anything legal at all. Only other thing he said was did you not see sign.

I'm just clutching I know but anything that may help.

Cheers
Techi

CharlieCroker

mickdw wrote: »

ask for calibration cert for speed gun and also users manual if you want to go the route of saying the gun was wrong.however if by chance you dont get the reminder about the speeding ticket in the post (and its not registered), you can just go to court, tell the judge you didnt get any reminder and that you were caught by the grda and intended to pay the fine but you never recieved the letter in the post. Case dismissed. its happening everyday. the judge knows its crap but they just blame the system of none registered post

A lot of judges are not excepting this explaination anymore. I've seen 2 in cork prosecute even though the driver gave that excuse

techi wrote: »

I got no printout he wrote into a ticket book, I requested copy but was told it would arrive by post. I have no idea what was on this book I was not asked to sign anything.

He did show me display.

I'm reading bits and pieces about the net, would I be right in saying a Garda must invoke/quote section of road traffic act he is issuing ticket under. As he never quoted anything legal at all.
Techi

Don't have to give you a print out, Garda takes down all the details in his notebook i.e. name, add, DOB, licence number, location and speed. These details are then put onto the Fixed Charged Penalty System and the ticket is sent out from a central office.

Garda also doesnt have to quote any section of law, just to say that you were exceeding the speed limt.

You will get the ticket in the post, if you honestly believe that you weren't speeding then dont pay the ticket and go before a judge to fight your case. Just bare in mind that if you dont pay it before 28 days, it'll cost you a lot more than the origional €80 if you lose

patrickc

the twice i was stopped for speeding , they showed me the gun with the speed on it.

Berty

In Australia they have the same digital speed guns out and about but the other cop carries a video camera so you cannot argue you were not there when they post it out to you.

Seth Brundle

mikemac wrote: »

Did you get a printout or even get see some display.

The garda effectively does not need to provide any evidence that the driver was speeding.

mickdw wrote: »

ask for calibration cert for speed gun and also users manual if you want to go the route of saying the gun was wrong.

Speed detection equipment used by the gardai is protected from this under the Road Traffic Acts. The equipment is presumed to be in working order and the onus is on the offender to prove that its not working properly.

techi

It would seem even though I believe there was an error I am screwed.

Going to court and stating my case inclusive of what Garda said will most likely see me with double points and a bigger fine, or at least thats how it's percieved.

Techi

alo1587

Whats to stop the garda from leaving the display on the radar gun reading the last speeding car he stopped, just aiming it at your car without pressing the trigger, stopping you, then showing you the display?...Does it show the reg on the gun or what?

jhegarty

Nothing at all.

Bee

techi wrote: »

Hi Guys,
Maybe someone can give me some advise, I was stopped last night for speeding. I am pretty sure I was not doing speed alledged and a work mate was in car behind me called me shortly after to confirm same.

The garda was very polite etc.. and continued to tell me he had given other drivers the benefit of doubt earlier and went on to say in particular about a taxi driver that he and 2 other gardai had let go at different times and mentioned the other gardai by name. He then went on to say he can tell if a car is speeding just by looking at it.
My work mate behind me is fully convinced the two gardai were looking at speed gun like something was wrong with it.

I stated to him I was not going the speed indicated his response was "sure your driving an Audi A4" I stated "and" he said " they can easiy get to xx"

Now dont get me wrong if im caught fair and square I'll take the slap but I do believe an error has occured.

So I'm at an odds what to do, some constructive advise would help guys.

P.S. I might add the Gardai were on foothpath holding the speed gun (Not in car).

Cheers
Techi

You have my sympathy, the majority of hand held "speed guns" are notoriously unreliable, now if Gardai wnat to hang around holding their tools at least they should be reliable

Have a read here,

http://www.bbc.co.uk/insideout/southwest/series7/speed-cameras.shtml

Simple deflections e.g the laser hits the body of the car as well as a wing mirror etc and in other cases millimetre movements of the gun in the Garda's hands will give incorrect readings,

by the way the kit they use here and the unprofessional way it is deployed beggars belief

Seth Brundle

Bee wrote: »

by the way the kit they use here and the unprofessional way it is deployed beggars belief

but legally you pretty much cannot question their accuracy!

WillieCocker

kbannon wrote: »

but legally you pretty much cannot question their accuracy!

Well you can!
It's just that it will usually get you double the points.:)

ToxicPaddy

techi wrote: »

I got no printout he wrote into a ticket book, I requested copy but was told it would arrive by post. I have no idea what was on this book I was not asked to sign anything.

He did show me display.

At least he did.. I got stopped about 18 months ago and they didnt show me the gun or anything, 12 months later I get a summons to appear in court for not producing my license (which I did), insurance (which I did) and that the car has no tax or NCT (which it did).. All bar the license were clearly displayed..

Id love to have seen what was in his bloody pocket book now I tell ya..

Went to court, with confirmation from the garda station I had produced my license, tax, nct and insurance 2 days later.. All my documentation was produced, judge looked at it and threw the whole lot out..

Garda apparently didnt bat an eyelid at it being dismissed, me being €400 out of pocket.. :mad::mad::mad::mad::mad:

Id question it to be honest but do it through a solicitor..

Tox