Speeding, but no ticket issued and wasn't on camera??

Dezrat

Hi guys

Last night I was pulled over on the M50. The two Gardai had followed behind me in an unmarked car for a distance before deciding to pull me in.

He asked me for my license and recorded my details etc. while his colleague checked my insurance and tax. He informed me that I was driving over the limit and that I would receive a fine and penalty points in the post for dangerous driving.

However as I was not issued a ticket or recorded by any speed cameras will it be a case whereby a fine and points can be issued or was it just a stern warning to 'cop' on? (I couldn't help myself :P )

Thanks guys, any help would be greatly appreciated.

Anan1

If he told you you'll be getting a fine and points then i'd imagine you will be. That said, I would have thought a charge of dangerous driving would involve a mandatory court appearance rather than just a fine. How do you know that there wasn't a camera in the Garda car?

testicle

PC Plod doesn't issue a ticket at the side of the road anymore.

Dezrat

Thanks for the quick response!

There was no mention of a court appearance when he was taking my details, presumably it will just be a penalty for speeding if it was to go through.

I didn't realise they had speed cameras installed in the car. However as they were driving behind me a speed camera would only be able to capture my speed relative to his, unless it was installed in such a way that it could record both his speed and mine.

In court is it not a case that to prove an offence related to speeding, either a speeding ticket would have to have been issued on the spot by the Garda, or a photo of the car in question, driving at 'x' speed would have to be produced?

Mr. Presentable

The verbal evidence from a Garda is enough.

Peteemax

I was stopped for taking a no left turn between 7-10. I wasnt giving a ticket but i did receive 1 point and a fine in the post.

Cookie_Monster

nipplenuts wrote: »

The verbal evidence from a Garda is enough.

How they got away with bringing that in I'll never know...

Dezrat

Is it the case that if the fine is issued and if I were to sign and agree to pay, that I am effectively admitting to the offence?

I can understand that if it was to be taken as far as the courts, that the judge will generally tend to side with the Gardai, as they are working in the best interest of the State.

I was under the impression that the only way you would be issued points was through either receipt of a ticket, photographic evidence from a gatso, or by being pulled over by a Garda who was doing roadside checks?

Thanks again for the help folks!

Cuddlesworth

You could take it to court and request a recent certificate for the speedo calibration of the following car. If the speed quoted is around the mark and no cert can be issued you might stand a chance. On the other hand the judge could just decide to issue the full fine anyway. They are worse then a woman at that time of the month for rational decisions.

On the other hand, that will take time and effort. And if you were shooting along you don't stand a chance.

roosterman71

You were speeding so pay the fine and take the points and not be on here looking for loopholes

Whitewater-AGS

Remember ANPR is here now and alot of cars now have the ability to read your speed using the anpr system while driving behind you:cool:

biko

So how fast were you going?

Nonoperational

You were speeding and got caught. You could TRY and go to court but there is a good chance you'd end up gettig 4 points. Just pay the fine take the 2 points and move on.

Seth Brundle

Cuddlesworth wrote: »

You could take it to court and request a recent certificate for the speedo calibration of the following car. If the speed quoted is around the mark and no cert can be issued you might stand a chance.

The legislation explicitly exempts the speed detection equipment from being at fault! There is no point following this avenue.

kirving

kbannon wrote: »

The legislation explicitly exempts the speed detection equipment from being at fault! There is no point following this avenue.

That's ridiculous! It obviously to stop everone who gets a fine from challenging it based on the equipment condition. It would be highly unlikely that the camera would be way off the mark, but the option to challenge should be there.

Is it more a case of "Speed Camera must be calibrated every X months" and if its certificate is a few days out of date you'd get off?

Cuddlesworth

kbannon wrote: »

The legislation explicitly exempts the speed detection equipment from being at fault! There is no point following this avenue.

Does this include the following cars speedo? I find it odd that you are not allowed challenge them at all. How are we supposed to believe they will maintain standards if nothing can be criticised.

Voodoomelon

Be sure, you will be getting a fine and 2 points. No record of the speed needs to be shown, and no ticket is issued. Even if you ask on the side of the road for confirmation of your speed, they are under no obligation to show you.

Take it on the chin.

bazzachazza

What speed were you doing if its less than 10k over be agreeved but if your more than that lets say 100k in the 60k zone take it on the chin and move on.

Speeding is a regular topic here on motors take time for a quick search your question gets asked at least once a week with some very informed responses.

Son Of A Vidic

Ya, they'd be on the M50 alright looking for speeding on a road designed for it. But naw, they wouldn't be on a s**t road catching the boy racer in a 'souped up Civic.

Le King

nipplenuts wrote: »

The verbal evidence from a Garda is enough.

That is totally untrue, my cousins danger driving case got thrown out of court due to Garda bias. Verbal evidence is never enough. Our law system is pretty flawed without having acts like this brought through.


Some members of the Gardai hold extreme bias. They all ready get away with enough, without this floundering rubbish being introduced.


Don't talk absolute rubbish.

Voodoomelon

Thats dangerous driving and by the sounds of it, a completely unrelated issue to this topic. They are required to show you squat in relation to speeding.

Anan1

Osu wrote: »

Don't talk absolute rubbish.

Please make your point without insulting others, thanks.

Cookie_Monster

Osu wrote: »

That is totally untrue, my cousins danger driving case got thrown out of court due to Garda bias. Verbal evidence is never enough. sh.

It was never enough, until the last Juctice act, the very same on that "brought back" that insane anti-religious ranting law (blasphemy)

Seth Brundle

Kevin Irving wrote: »

That's ridiculous! It obviously to stop everone who gets a fine from challenging it based on the equipment condition. It would be highly unlikely that the camera would be way off the mark, but the option to challenge should be there.

Is it more a case of "Speed Camera must be calibrated every X months" and if its certificate is a few days out of date you'd get off?

Cuddlesworth wrote: »

Does this include the following cars speedo? I find it odd that you are not allowed challenge them at all. How are we supposed to believe they will maintain standards if nothing can be criticised.

Check out the Road Traffic Acts 2004 & 2006 for this - I'm fairly sure I'm correct.

Cuddlesworth

kbannon wrote: »

Check out the Road Traffic Acts 2004 & 2006 for this - I'm fairly sure I'm correct.

Hmmmmm, who voted these retards into power.......

17.— Section 21 (as amended by section 15 of the Act of 2004) of the Act of 2002 is amended—


(a) in subsection (1), by substituting “, section 35 of the Act of 1994 or section 138 of the Railway Safety Act 2005 ” for “or section 35 of the Act of 1994”,


(b) in subsection (2) and subsection (5), by inserting “or a person authorised under an agreement under subsection (7)” after “Garda Síochána” in each place where it occurs, and


(c) by inserting after subsection (6) the following:


“(7) (a) The Minister for Justice, Equality and Law Reform may by an agreement in writing entered into with any person, upon such terms and conditions as may be specified in the agreement, which shall include a condition to the effect that the determination of the locations where equipment is to be operated shall be a function of a member of the Garda Síochána not below the rank of superintendent, provide for the authorisation of that or other persons for the purposes of subsection (2), and the performance by those authorised persons of any function, which shall be specified in the agreement, relating to the establishing of prima facie proof of a constituent of an offence including the provision, maintenance and operation of equipment and the development, production and viewing of records produced by that equipment and the production of measurements or other indications from which a constituent of an offence can be inferred.


(b) An agreement referred to in paragraph (a) may apply to the performance of all or any of the functions specified in that agreement.


(c) Section 14(2), (3) and (4) of the Act of 2002 applies to any agreement entered into by the Minister for Justice, Equality and Law Reform under this subsection.


(8) In proceedings for an offence referred to in subsection (1) it shall be presumed, until the contrary is shown, that—


(a) the electronic or other apparatus used for the tendering of evidence was provided and maintained by a member of the Garda Síochána or by a person authorised under subsection (7), and


(b) that the development, production and viewing of records produced by such apparatus was carried out by a member of the Garda Síochána or by a person authorised under subsection (7).”.

Le King

Anan1 wrote: »

Please make your point without insulting others, thanks.

It's hardly an insult. Come on.

Seth Brundle

Osu wrote: »

It's hardly an insult. Come on.

Leave it!