Alleged Offence.

Billy Bunting

Hi All,

Thoughts on this please.

My 18yr old Son was returning to school at lunchtime last week when he was followed by the local garda patrol car, he parked up at school and the car passed him, he locked the car a proceded to walk the short distance into school, along came the patrol car and stopped him requesting to see his driver details, he obliged and handed over his licence for inspection, the officers looked at the licence and said to son that it was all in order but "since when was he exempt from wearing a seatbelt" my son repied he wasn't, the garda then went on to tell my son that "he could be reported for not wearing a seatbelt" my son, being a "teenager" thought nothing of this statement and decided not to question the statement as he was also worried about arguing with "the law".
Yesturday he received a fixed penelty notice along with the 2 pionts, he was stunned by this as he is addament that he was wearing his belt and he (who was hoping to join the garda) couldn't believe garda could do this so easily and the following fixed notice although stating an "alleged offence", it gives no option to question what these garda have reported as an alleged offence.
Can these fixed penelty notices be questioned? and if so, where and how, and is it worth the hassle?

seamus

Yes, every fixed penalty notice can be challenged in court, but if you lose the judge can choose to increase the penalty to the maximum allowable for that offence.

Before it becomes an issue you should go to the station where it was issued and speak to the Garda who issued the notice (if possible). He may not able to do anything about it at this stage, but at the very least he should be able to tell you how to appeal it.

Before you go doing anything, talk to your son. He's a teenager driving a car to school. Ask him to be upfront and honest with you - it could very easily be a case of him telling you one story with certain parts edited out and the Garda telling you another with those bits put back in. I'm not making any judgements about your son, but we were all 18 once and none of us were perfectly honest with our parents.

I doubt however you'll have much success challenging this unless the Garda doesn't turn up in court. The Garda will testify that he and his colleague observed your son driving without a belt, you son will claim otherwise and the judge will on the balance of probabilities, take the Garda's word.

Your son may just have been unlucky, or he may have unwittingly removed or concealed his belt when the Gardai were watching him. People have been fined for using their mobile phone because a Garda saw them scratching their ear, and unsuccessfully challenged it in court.

Billy Bunting

Thanks for that quick reply Seamus,

We have always brought up our children to wear their seatbelts, it is second nature to them at this stage, but i have had a heart to heart to be sure he was sure, he is totally sure, it's his certainty that prompted me to post here.
Its so unfortunate that my son, who has the worries of studying for his leaving, along with being a "teenager", now also has the added worry that now he has 2 points on his licence he has now too fear meeting up with the same Garda who may or may not decide he is having another bad day.

Shame on him.

seamus

Billy Bunting wrote: »

he has now too fear meeting up with the same Garda who may or may not decide he is having another bad day.

If you're planning to meet the Garda in the station, there's nothing to fear. The offence or penalty cannot be increased except by a judge in court.

NUTLEY BOY

seamus wrote: »

If you're planning to meet the Garda in the station, there's nothing to fear. The offence or penalty cannot be increased except by a judge in court.

Yes, but watch he says. In particular, be careful not to be lead in to self-incrimination. Otherwise, I expect that the Gardai will be a treat to deal with.:rolleyes:

Billy Bunting

seamus wrote: »

If you're planning to meet the Garda in the station, there's nothing to fear. The offence or penalty cannot be increased except by a judge in court.

I think my son, and myself, would be more fearing that this Garda would go out of his way to nit pick and find another "alleged offence" if we were to dare to question his eyesight.

:eek:

Maximilian

Go see a solicitor if you want to pursue this.