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going faster than gun said

  • 28-01-2010 9:44pm
    #1
    Registered Users, Registered Users 2 Posts: 418 ✭✭


    i was stopped for speeding in what i think is unfair circumstanses as it was late at night with 3 empty lanes in a safe area. they pulled me over and showed me the gun which displayed the speed I was going but when I got the letter in the post, it said I was going 5kmph faster than what the garda said and then what the gun said.

    it was a tripod gun and i didnt get a print out or anything like that now i know a lot of you will say man up and take it on the chin but i could really do without the points and fine and it was a safe speed to go for the conditions so if anyone could reply with some advice on whats best to do. by paying im admiting to going the 5kmph faster than i was which i dont want to do.

    ive heard of cases been thrown out becaus of incorect details on the sheet but is it my word against gardas or how will it work and what risks could there be by not paying and fighting it and what chance would i stand?

    cheers


«1

Comments

  • Closed Accounts Posts: 4,056 ✭✭✭Tragedy


    What was the speedlimit, what speed did he say you were doing, and what speed does the letter say?


  • Registered Users, Registered Users 2 Posts: 81,220 ✭✭✭✭biko


    If you go to court it'll be your word against the gardas and you'll likely loose, particularly if you actually were over the speed limit anyway.
    You'll then get 4 points as opposed to 2 if you just cave now.

    Speed limits always apply - rain, shine, night, day, cars, no cars.
    Sucks but there you are.


  • Closed Accounts Posts: 8,323 ✭✭✭Savman


    ive heard of cases been thrown out becaus of incorect details on the sheet but is it my word against gardas or how will it work and what risks could there be by not paying and fighting it and what chance would i stand?
    Well, a few things could happen. You could wait for the court summons and hope the Guard doesn't show. If he does show and you get called up and take your chances but if you find yourself stumbling over your own words then the judge will probably go against you, especially if you've no cohesive argument.

    Lastly you could hire a legal defence and let them do the talking, but it's costly and still not guaranteed to beat it.


  • Registered Users, Registered Users 2 Posts: 528 ✭✭✭dirtydiesel


    :mad:I fought the law and the law won. You were over the speed limit bite the bullet.


  • Registered Users, Registered Users 2 Posts: 8,451 ✭✭✭CharlieCroker


    Hate to tell you but if it was tripod mounted speed detection equipment, they wouldnt have even stopped you, there's no need. I smell a rat with only 1 post!!


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  • Closed Accounts Posts: 8,323 ✭✭✭Savman


    Hate to tell you but if it was tripod mounted speed detection equipment, they wouldnt have even stopped you, there's no need.
    Incorrect, Laser gun they have to stop you. Only other option is Gatso van which takes a picture and driver is unaware until it comes in the door.


  • Registered Users, Registered Users 2 Posts: 8,451 ✭✭✭CharlieCroker


    Savman wrote: »
    Incorrect, Laser gun they have to stop you. Only other option is Gatso van which takes a picture and driver is unaware until it comes in the door.
    Not true, there's 3 ways of catching a speeder.

    1. (HANDHELD!!!)Lazer gun where they have to stop you
    2. Tri-pod mounted camera which records you driving
    3 Gatso van


  • Closed Accounts Posts: 8,323 ✭✭✭Savman


    2. Tri-pod mounted camera which records you driving
    What?! Link please.


  • Registered Users, Registered Users 2 Posts: 5,473 ✭✭✭robtri


    smells a bit funny...
    First post.. and looking for information on how to get out of a speeding ticket.. you where speeding... get over it...
    if you can't afford to get the points then you shouldnt have been speeding....


  • Closed Accounts Posts: 8,323 ✭✭✭Savman


    robtri wrote: »
    smells a bit funny...
    First post.. and looking for information on how to get out of a speeding ticket.. you where speeding... get over it...
    if you can't afford to get the points then you shouldnt have been speeding....
    This is the exact type of attitude that gives this forum a bad name. If there is a doubt, he is entitled to query it.


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  • Registered Users, Registered Users 2 Posts: 5,473 ✭✭✭robtri


    Savman wrote: »
    This is the exact type of attitude that gives this forum a bad name. If there is a doubt, he is entitled to query it.

    sorry but.. he broke the law and now wants to find a way around it... that doesn't sit right with me...


  • Closed Accounts Posts: 8,323 ✭✭✭Savman


    robtri wrote: »
    sorry but.. he broke the law and now wants to find a way around it... that doesn't sit right with me...
    You must be a big Judge Dredd fan.


  • Closed Accounts Posts: 3,946 ✭✭✭BeardyGit


    Savman wrote: »
    This is the exact type of attitude that gives this forum a bad name. If there is a doubt, he is entitled to query it.

    Bad name? Huh?

    The OP broke the law. He got caught. What it says on the FCPN versus the lazer reading at the time is largely irrelevant, as he's already stated he got caught speeding. Everything after that is just about trying to weasel out of taking the punishment he rightly deserves.... Don't like it? Tough. The law applies to all of us.

    Oh and another thing, best not argue with a Garda on exactly how they can do you for speeding.... Especially when you're wrong.


  • Closed Accounts Posts: 4,056 ✭✭✭Tragedy


    Gil_Dub wrote: »
    Bad name? Huh?

    The OP broke the law. He got caught. What it says on the FCPN versus the lazer reading at the time is largely irrelevant, as he's already stated he got caught speeding. Everything after that is just about trying to weasel out of taking the punishment he rightly deserves.... Don't like it? Tough. The law applies to all of us.

    Oh and another thing, best not argue with a Garda on exactly how they can do you for speeding.... Especially when you're wrong.
    Yes, bad name.

    If you don't want to contribute to the thread, don't.

    Posting "YOU DID THE CRIME, DO THE TIME" isn't contributing.


  • Closed Accounts Posts: 396 ✭✭tmcw


    I think, that if the 5km/hr difference brings the speed the OP was told on the night down to a speed within the 5% leeway we're generally told they apply, then I think the OP should contest. People shouldn't be making clerical errors like that. He was shown the gun, and what is written on his ticket deviates from that. Now this might not be a serious case/crime, but there have been cases where incorrect numbers have been placed on official documents, like warrants, and because of these mess-ups, suspected criminals have gotten away with serious crimes. If it's questioned now, then maybe the same individual won't make the same mistake a second time.

    OP doesn't mention what type of gun was used, although I thought there were issues with using manned guns at night (because of headlights, difficult to accurately follow the same point on the car or something), but I could be off the mark.


  • Registered Users, Registered Users 2 Posts: 1,014 ✭✭✭high horse


    OP, do you really think that by the time this goes to court, the Garda will remember what he said to you at the side of the road? Not that it matters anyway, you admitted to speeding so it seems the penalty points are justly deserved...


    Tragedy wrote: »
    Yes, bad name.

    If you don't want to contribute to the thread, don't.

    Posting "YOU DID THE CRIME, DO THE TIME" isn't contributing.

    I've read this a few times now and I can't figure out what (if anything) your post contributes to this thread :rolleyes:


  • Closed Accounts Posts: 4,056 ✭✭✭Tragedy


    high horse wrote: »
    OP, do you really think that by the time this goes to court, the Garda will remember what he said to you at the side of the road? Not that it matters anyway, you admitted to speeding so it seems the penalty points are justly deserved...





    I've read this a few times now and I can't figure out what (if anything) your post contributes to this thread :rolleyes:
    I responded to the OP, in case you missed the second post in the thread. Which I'm guessing you did.

    He hasn't replied yet, and I responded to someone else.

    What are you rolling eyes at, your lack of reading skills? :)


  • Closed Accounts Posts: 16,801 ✭✭✭✭Gary ITR


    Lads can we please behave like adults? Thanks


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


    Savman wrote: »
    What?! Link please.

    We use the Ultralite LTi 20-20.

    Here is the exact speed detector with a simular recording camera system we use.

    Charlie.....being a member of AGS is right.....we do have camera fitted tripods. However, we also use the ordinary unfitted Ultralite on tripods......but not very often if we are on our own in case a vehicle fails to stop.

    As regards the O/P....the notice is only that....a notice that you committed an offence. You say you were speeding so a higher speed in no way negates the FCP notice. If you fail to pay you will be summoned to court. In court the judge wont care about the FCPN....all (s)he will care about is the evidence given by the Garda in direct evidence.


  • Registered Users, Registered Users 2 Posts: 29,088 ✭✭✭✭_Kaiser_


    In court the judge wont care about the FCPN....all (s)he will care about is the evidence given by the Garda in direct evidence.
    And will this include providing actual PROOF of same, or just telling the judge "I saw him do it" and his partner saying "me too!" :rolleyes:

    Sorry, but to me that's the entire problem with AGS in general and especially given the varying quality and honesty of some of its members (as proven time and again by reports of corruption/illegality/incompetence by AGS members in the news).

    Given this, the motorist should be given a printout/photograph of his alleged speeding offence, with the same actual evidence (rather than hearsay) presented to the court. But of course, there should be independently tested and verifiable checks of the speedguns too.
    It would also, incidentially, cut down on these sort of "there was a minor administrative error made, how can I get out of it?" claims/cases thereby making the decent AGS member's job easier all round, and saving the court's time in the process!

    But of course, this being Ireland (home of the "ah sure it'll be grand!" and "you scratch my back and I'll feather your nest" approaches to governance) it'll never happen.


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  • Registered Users, Registered Users 2 Posts: 3,009 ✭✭✭OldmanMondeo


    Kaiser2000 wrote: »
    And will this include providing actual PROOF of same, or just telling the judge "I saw him do it" and his partner saying "me too!" :rolleyes:

    Sorry, but to me that's the entire problem with AGS in general and especially given the varying quality and honesty of some of its members (as proven time and again by reports of corruption/illegality/incompetence by AGS members in the news).

    Given this, the motorist should be given a printout/photograph of his alleged speeding offence, with the same actual evidence (rather than hearsay) presented to the court. But of course, there should be independently tested and verifiable checks of the speedguns too.
    It would also, incidentially, cut down on these sort of "there was a minor administrative error made, how can I get out of it?" claims/cases thereby making the decent AGS member's job easier all round, and saving the court's time in the process!

    But of course, this being Ireland (home of the "ah sure it'll be grand!" and "you scratch my back and I'll feather your nest" approaches to governance) it'll never happen.

    While there are dis-honest AGS members. This issue on giving edvinence to the acussed, as in a printout, is with the law makers of this country and not the enforcers.

    As for the OP's, as asked by someone, more details please, location, time speed etc...


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


    Kaiser2000 wrote: »
    And will this include providing actual PROOF of same, or just telling the judge "I saw him do it" and his partner saying "me too!" :rolleyes:

    Yes in includes acutal proof.....the exact second part of your sentence.
    Kaiser2000 wrote: »
    Sorry, but to me that's the entire problem with AGS in general and especially given the varying quality and honesty of some of its members (as proven time and again by reports of corruption/illegality/incompetence by AGS members in the news).

    Not small minded no??? How dare you make that statement. It sounds like you are generalising all AGS member......even if you did throw in a "some" into the sentence. There are 14,000 members of AGS. Fire out a link of all members who have been prosecuted for corruption. And dont come back "Donegal"......that was a small minority of members. With that amount there are always going to be a few bag eggs......but there is only a few.....
    Kaiser2000 wrote: »
    Given this, the motorist should be given a printout/photograph of his alleged speeding offence, with the same actual evidence (rather than hearsay) presented to the court. But of course, there should be independently tested and verifiable checks of the speedguns too.
    It would also, incidentially, cut down on these sort of "there was a minor administrative error made, how can I get out of it?" claims/cases thereby making the decent AGS member's job easier all round, and saving the court's time in the process!

    Direct evidence of a Garda saying he was operating a system is not hearsay evidence.

    The Detection equipment is independently tested by a company. The testing has nothing to do with AGS. Due to the type of speed gun used it WILL NOT work if it is out of calibration or has taken a knock to throw it out.
    Kaiser2000 wrote: »
    But of course, this being Ireland (home of the "ah sure it'll be grand!" and "you scratch my back and I'll feather your nest" approaches to governance) it'll never happen.

    What does that have to do with anything really?? Isnt ever country like that.....


  • Registered Users, Registered Users 2 Posts: 19,102 ✭✭✭✭Del2005


    They changed the law from that only a few years ago as everyone was questioning their fines by saying the guns weren't calibrated etc. So instead of reforming the system and making it more transparent they just made it so that a Garda only has to form an opinion you where speeding and you can be done.
    Kaiser2000 wrote: »
    And will this include providing actual PROOF of same, or just telling the judge "I saw him do it" and his partner saying "me too!" :rolleyes:

    Sorry, but to me that's the entire problem with AGS in general and especially given the varying quality and honesty of some of its members (as proven time and again by reports of corruption/illegality/incompetence by AGS members in the news).

    Given this, the motorist should be given a printout/photograph of his alleged speeding offence, with the same actual evidence (rather than hearsay) presented to the court. But of course, there should be independently tested and verifiable checks of the speedguns too.
    It would also, incidentially, cut down on these sort of "there was a minor administrative error made, how can I get out of it?" claims/cases thereby making the decent AGS member's job easier all round, and saving the court's time in the process!

    But of course, this being Ireland (home of the "ah sure it'll be grand!" and "you scratch my back and I'll feather your nest" approaches to governance) it'll never happen.


  • Registered Users, Registered Users 2 Posts: 16,686 ✭✭✭✭Zubeneschamali


    Kaiser2000 wrote: »
    Sorry, but to me that's the entire problem with AGS in general and especially given the varying quality and honesty of some of its members (as proven time and again by reports of corruption/illegality/incompetence by AGS members in the news).

    Why on earth would members of AGS perjure themselves just to get a speeding conviction? They can set up on any road in the country and catch as many speeders as they want (including me, if they ever tried) in jig time.

    The issue with guards enforcing speed limits is not that they lie to get convictions, it's that enforcement is so lax that people feel hard done by when the rare bit of enforcement actually catches them.

    Even the OP admits he was speeding in this very thread!


  • Closed Accounts Posts: 357 ✭✭JohnThomas09


    Gil_Dub wrote: »
    Bad name? Huh?

    The OP broke the law. He got caught. What it says on the FCPN versus the lazer reading at the time is largely irrelevant, as he's already stated he got caught speeding. Everything after that is just about trying to weasel out of taking the punishment he rightly deserves.... Don't like it? Tough. The law applies to all of us.

    Oh and another thing, best not argue with a Garda on exactly how they can do you for speeding.... Especially when you're wrong.
    he already stated that he knows he did wrong.all he is doing is querying it.The OP wasnt looking for life coaching from you.Stay on Topic.

    I think he would be best ring around a few solictors and see if they have dealt with similiar cases.I read once of a guy getting his case thrown out because the guard didn't tell him what speed he was doing when he was stopped.


  • Closed Accounts Posts: 16,705 ✭✭✭✭Tigger


    Kaiser2000 wrote: »
    And will this include providing actual PROOF of same, or just telling the judge "I saw him do it" and his partner saying "me too!" :rolleyes:

    Sorry, but to me that's the entire problem with AGS in general and especially given the varying quality and honesty of some of its members (as proven time and again by reports of corruption/illegality/incompetence by AGS members in the news).

    thats a bit harsh he admits he was speeding
    i've never gerd of a garda giving someone a ticket for speeding when they wern't only when the (like here) were and they thought it was safe

    judges believe garda because thats the system those are the people that have the job of getting up to obey policy and law. i still would prefer to be pulled by a garda then monitoreed by a average speed camera.
    Given this, the motorist should be given a printout/photograph of his alleged speeding offence, with the same actual evidence (rather than hearsay) presented to the court. But of course, there should be independently tested and verifiable checks of the speedguns too.
    It would also, incidentially, cut down on these sort of "there was a minor administrative error made, how can I get out of it?" claims/cases thereby making the decent AGS member's job easier all round, and saving the court's time in the process!

    But of course, this being Ireland (home of the "ah sure it'll be grand!" and "you scratch my back and I'll feather your nest" approaches to governance) it'll never happen.


  • Registered Users, Registered Users 2 Posts: 29,088 ✭✭✭✭_Kaiser_


    Not small minded no??? How dare you make that statement. It sounds like you are generalising all AGS member......even if you did throw in a "some" into the sentence. There are 14,000 members of AGS. Fire out a link of all members who have been prosecuted for corruption. And dont come back "Donegal"......that was a small minority of members. With that amount there are always going to be a few bag eggs......but there is only a few.....
    As I said, and you acknowledged, I didn't say ALL AGS members were corrupt and incompetent and I'll even grant you that it's a minority, however it's a significant minority - even just throw "garda corruption" into Google and you'll find it's a lot more than a few bad eggs in Donegal. I'll even go so far as to say that of the Gardai I've met over the years, many have indeed been courteous, professional and competent - but I've also met quite a few that weren't any of these, and THAT is the problem.

    As you say though, you're always going to have this problem to a degree but to my mind it's made worse by the positions these people (yes they're nothing more than that despite what some of them may believe) hold and the apparent unaccountability that is rife in our public service generally. As an example, there's a story today (here) about the former FAS boss being given a pay-out of €900k, and the only defence the government can offer is that it's "cheaper" than firing him?? He shouldn't be entitled to ANYTHING in my opinion.

    Rather than just accepting this as an unfortunate fact (something we as a nation do all too readily), we should strive to put whatever measures possible in place to stamp it out. I know I've used this example before, but look at the thread a while back about the casual misuse of the PULSE system for one member's own personal gain, and the attitudes that were expressed to this by several of your colleagues wherein they felt that not only was said member allowed to do this, but somehow morally entitled to do so as well.
    The Detection equipment is independently tested by a company. The testing has nothing to do with AGS. Due to the type of speed gun used it WILL NOT work if it is out of calibration or has taken a knock to throw it out.
    As noted by someone else though, unfortunately the laws were changed so that the Garda's opinion is enough to base a conviction on rather than making it more transparent and verifiable. Maybe it's just me, but opinion alone is not a good basis to be making judgements on - take the example in another thread here about some fella in the UK being charged because he blew his nose while stopped in traffic!
    What does that have to do with anything really?? Isnt ever country like that.....
    To an extent yes, but as I said above, does that mean we should accept it? I know we DO, but that's partly why this country is in the mess it is.


  • Registered Users, Registered Users 2 Posts: 29,088 ✭✭✭✭_Kaiser_


    Why on earth would members of AGS perjure themselves just to get a speeding conviction? They can set up on any road in the country and catch as many speeders as they want (including me, if they ever tried) in jig time.

    The issue with guards enforcing speed limits is not that they lie to get convictions, it's that enforcement is so lax that people feel hard done by when the rare bit of enforcement actually catches them.

    Even the OP admits he was speeding in this very thread!

    You've touched on part of what I'm trying to get across.. it's the complete inconsistentcy to enforcement that's a large part of the problem, with the result being it really does depend on the Garda you get on the day, and his/her mood at the time as to whether you'll be prosecuted or let go with a warning.

    I'm all for common sense being used, but apply it universally and fairly.


  • Registered Users, Registered Users 2 Posts: 16,686 ✭✭✭✭Zubeneschamali


    Kaiser2000 wrote: »
    it really does depend on the Garda you get on the day, and his/her mood at the time as to whether you'll be prosecuted or let go with a warning.

    Getting done for speeding in Ireland is like getting hit by lightning, it's a risk, but you have to be unlucky or a bit mad to get hit. Almost any imaginable change to the system would result in a lot more convictions and a lot less flexibility, so I vote we let sleeping dogs lie.


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  • Closed Accounts Posts: 8,323 ✭✭✭Savman


    Getting done for speeding in Ireland is like getting hit by lightning, it's a risk, but you have to be unlucky or a bit mad to get hit. Almost any imaginable change to the system would result in a lot more convictions and a lot less flexibility, so I vote we let sleeping dogs lie.
    Interesting philosophy! I wish to subscribe to your newsletter.


  • Registered Users, Registered Users 2 Posts: 418 ✭✭NeptunesMoon


    chheers for the help lads. for a start, my normal account cant be acsessed at the minute because somebody hacked boards and i forgot what email i signed up with, it said you can make a new account and theyll merge it when they can witht he old one. i was pulled over and the gun was on a stand, there were to gardas, one who pulled me had the orange lanterns they use for guiding pilots, the other stayed at the gun. guy who pulled me told me what speed i was doing and asked did i want to have a look i said yeah so hopped out and saw the same speed he said written in red digits on the gun, it was 5kmph less than what the letter said. why id bull**** about that is beyond me:eek:, thats what happened, it was a gun on a stand and i was pulled over :cool:

    the location and speeds arent relivant here which is why i didnt mention them. it did happen at night though.:cool:

    all that matters is that i dont want to 'admit' going a speed i wasnt going by paying the fine and if i can get out of the fine and the points because of this it would be great, dont think anyone here wouldnt like the possibility of it themselves. i dont feel i deserve the points and fine as they were shootin fish in a barell on a safe wide road late at night. ive even become a worse driver since always looking at my speedometre afraid itll happen again instead of paying attention to the road and conditions:mad:

    so for those who have experience with this kinda thing and if it happened to u and you really didnt want the fine and points and to pay a statement that says u were going faster than u were, what would you do? :confused:


  • Registered Users, Registered Users 2 Posts: 16,686 ✭✭✭✭Zubeneschamali


    so for those who have experience with this kinda thing and if it happened to u and you really didnt want the fine and points and to pay a statement that says u were going faster than u were, what would you do? :confused:

    If I was, in fact, speeding when pulled, I'd pay up, rather than get a doubled fine and 4 points after a wasted trip to a courtroom.


  • Registered Users, Registered Users 2 Posts: 19,102 ✭✭✭✭Del2005


    If I was, in fact, speeding when pulled, I'd pay up, rather than get a doubled fine and 4 points after a wasted trip to a courtroom.

    +1. If you weren't speeding then fight it, if you where then take it.

    If you fight it over 5km/h it's going to cost you a solicitor and a day in court with the possibility of getting the higher points and fine. You may also get away with it if the Garda doesn't turn. But you'll still need to take time off work and pay for a solicitor to represent you, as Joe public standing up in court and saying "Your honour(don't forget you HAVE to brown nose like you've never done before). I wasn't doing the speed on the summons I was going 5km/h slower". Unless you where caught going 105 in a 100 or 125 in a 120 you'll get done.


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


    Del2005 wrote: »
    +1. If you weren't speeding then fight it, if you where then take it.

    If you fight it over 5km/h it's going to cost you a solicitor and a day in court with the possibility of getting the higher points and fine. You may also get away with it if the Garda doesn't turn. But you'll still need to take time off work and pay for a solicitor to represent you, as Joe public standing up in court and saying "Your honour(don't forget you HAVE to brown nose like you've never done before). I wasn't doing the speed on the summons I was going 5km/h slower". Unless you where caught going 105 in a 100 or 125 in a 120 you'll get done.

    May I point out once again. The speed is on the FCPN.....no speed appears on the summons. Once it goes to court it is down to the Garda's evidence. The Notice is only that....a notice. The summons is an instrument to call you before a court.


  • Closed Accounts Posts: 1,599 ✭✭✭Fiskar


    Hate to tell you but if it was tripod mounted speed detection equipment, they wouldnt have even stopped you, there's no need. I smell a rat with only 1 post!!

    Have to agree. Still don't what speed he was actually doing!

    Two points are two points and not a lot to write home about Unless there are other points ensuing that we don't know about, 5 clicks (KPH) is but 3.125 miles per hour.
    Have to hazard a guess and say that it occurred in a built up zone where a 50 KPH or 60 KPH was in force. IMO :cool:


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  • Registered Users, Registered Users 2 Posts: 3,668 ✭✭✭eringobragh




    The Detection equipment is independently tested by a company. The testing has nothing to do with AGS. Due to the type of speed gun used it WILL NOT work if it is out of calibration or has taken a knock to throw it out.

    Not entirely right.. The gun will still work and pass the power off self test if the scope falls out of calibration, and acquire a speed if the unclaibrated scope is pointing at a reflective surface (i.e 2 cars side by side the garda aims at car A and uncalibrated scope is in car Bs path).. The gun will only fail to startup if it has some sort of hardware issue.

    Surely AGS uses some test to ensure the gun is calibrated correctly, be it test the scope via a lampost and check with it with the aid of RADAR like the PSNI do before they bring the speed gun out each time.


  • Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,536 Mod ✭✭✭✭Cabaal


    Tragedy wrote: »
    If you don't want to contribute to the thread, don't.

    Posting "YOU DID THE CRIME, DO THE TIME" isn't contributing.

    yes it is,
    Who are you to say it isn't? Last time I checked your not a mod of this forum
    the location and speeds arent relivant here which is why i didnt mention them. it did happen at night though.:cool::

    err the speed is, say its a 80km zone and your doing 120km then your are most def breaking the limit regardless of where it is


  • Registered Users, Registered Users 2 Posts: 2,788 ✭✭✭Vikings


    Pay the fine and let that be the end of it.

    The Guards stopped you because you were speeding. If you were not, they would not have stopped you.

    The FCPS notice you got may have had your actual speed at +5km/h but this is going to be 5km/h over the speed you were doing on the night - which is going to be over the limit anyway because that is why you were stopped!! Wouldn't waste your time/money trying to get out of it.


  • Registered Users, Registered Users 2 Posts: 81,220 ✭✭✭✭biko


    chheers for the help lads. for a start, my normal account cant be acsessed at the minute because somebody hacked boards and i forgot what email i signed up with, it said you can make a new account and theyll merge it when they can witht he old one. i was pulled over and the gun was on a stand, there were to gardas, one who pulled me had the orange lanterns they use for guiding pilots, the other stayed at the gun. guy who pulled me told me what speed i was doing and asked did i want to have a look i said yeah so hopped out and saw the same speed he said written in red digits on the gun, it was 5kmph less than what the letter said. why id bull**** about that is beyond me:eek:, thats what happened, it was a gun on a stand and i was pulled over :cool:

    the location and speeds arent relivant here which is why i didnt mention them. it did happen at night though.:cool:

    all that matters is that i dont want to 'admit' going a speed i wasnt going by paying the fine and if i can get out of the fine and the points because of this it would be great, dont think anyone here wouldnt like the possibility of it themselves. i dont feel i deserve the points and fine as they were shootin fish in a barell on a safe wide road late at night. ive even become a worse driver since always looking at my speedometre afraid itll happen again instead of paying attention to the road and conditions:mad:

    so for those who have experience with this kinda thing and if it happened to u and you really didnt want the fine and points and to pay a statement that says u were going faster than u were, what would you do? :confused:
    After deciphering this post I'd say: ok, have it your way and go to court. Best of luck but you'll get 4 points for being so stubborn.
    It's clear in my mind that you were speeding anyway (speeds not relevant? Yes they are) and that you're just trying to grasp for some way to have the case struck out.

    If you are always looking at speedometer now instead of the road, then maybe get a sat nav which will warn you if you're exceeding local speed. I use one in UK, hasn't failed me so far. That way you can return to the fold of safe drivers again.


  • Registered Users, Registered Users 2 Posts: 994 ✭✭✭LookBehindYou


    The way i see it is that there was a question about an extra 5 kph speed wrote on the fixed notice.
    The poster was looking for an answer to that question.
    its a bit of a catch 22 situation.
    To argue the point, he would have to go to court, but as advised correctly by Niceguyalways, the judge would find him guilty of speeding.
    The poster has already admitted to speeding, but is wondering that if he paid the fine and got the points he is actually admitting to a speed which he is not guilty of.
    Moral of story is : there is no way out of this situation, just pay the fine or get everything doubled in court.
    But the question is still left unanswered, what about error in writing the extra 5 kph ?.
    If this were a case of some scumbag killing someone, he could get away with it if he were not read his rights or some other minor technicality.


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  • Registered Users, Registered Users 2 Posts: 81,220 ✭✭✭✭biko


    I stand to be corrected here but don't Garda usually remove 5 kph to account for speedometer error anyway?
    If you're doing 75 in a 50 zone you'll only get done for 70 because your speedo could be a bit off.


  • Registered Users, Registered Users 2 Posts: 1,917 ✭✭✭B00MSTICK


    I reckon it would go like this...

    "Your honour, I wasn't doing the speed on the FCPN, I was going 5km/h slower"

    "So infact you were doing *actual speed which I assume is still over the limit* ?"

    "Yes"

    "4 points + Fine, next!"


  • Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    B00MSTICK wrote: »
    I reckon it would go like this...

    "Your honour, I wasn't doing the speed on the FCPN, I was going 5km/h slower"

    "So infact you were doing *actual speed which I assume is still over the limit* ?"

    "Yes"

    "4 points + Fine, next!"

    Judges are not addressed as "your honour" in Ireland except by people who have not read the rules of the court and who have been watching too much American television.
    http://www.courts.ie/rules.nsf/0c609d7abff72c1c80256d2b0045bb64/6d95cf3153a8b3c580256d2b0046a06d?OpenDocument

    What will happen in court depends a lot on which judge is sitting. Some might entertain a bulls*t argument and dismiss the case for the hell of it. Others will get annoyed and up the fine and throw in a ban from driving and put the motorist to the expense of an appeal. The o/p can gamble the time and money in contesting the charge in the hope of escaping 2 points against the possibility of wasting a lot of time and money and ending up with a bigger fine and more points.


  • Closed Accounts Posts: 10,898 ✭✭✭✭seanybiker


    Savman wrote: »
    This is the exact type of attitude that gives this forum a bad name. If there is a doubt, he is entitled to query it.

    Exactly.


    How many posts does someone need before they are taken seriously?

    OP take the points and learn from it. You only drive in one lane so it doenst matter how many lanes where empty. Speed limit is 24/7 regardless of conditions. Im not being a preacher or anything, jaysus I used to always speed. I just didnt get caught was all lol.


  • Registered Users, Registered Users 2 Posts: 2,005 ✭✭✭veetwin


    Great to see that the high horse brigade are are alive and well. Jeez the OP asked for opinions on a particular matter and the amount of people asking what speed were yoiu doing?, you admitted to speeding so you must pay up, don't do the crime if you can't do the time etc.

    If there is a fault with the summons the OP is entitled to question it. He doesn't really need the constant reminders about the moralities of speeding.


  • Registered Users, Registered Users 2 Posts: 1,982 ✭✭✭kravmaga


    i was stopped for speeding in what i think is unfair circumstanses as it was late at night with 3 empty lanes in a safe area. they pulled me over and showed me the gun which displayed the speed I was going but when I got the letter in the post, it said I was going 5kmph faster than what the garda said and then what the gun said.

    it was a tripod gun and i didnt get a print out or anything like that now i know a lot of you will say man up and take it on the chin but i could really do without the points and fine and it was a safe speed to go for the conditions so if anyone could reply with some advice on whats best to do. by paying im admiting to going the 5kmph faster than i was which i dont want to do.

    ive heard of cases been thrown out becaus of incorect details on the sheet but is it my word against gardas or how will it work and what risks could there be by not paying and fighting it and what chance would i stand?

    cheers

    Garda do not give you a print out copy from the laser speed gun.

    I would just pay the fine.

    The points stay on your licence for 3 yrs


  • Registered Users, Registered Users 2 Posts: 418 ✭✭NeptunesMoon


    cheers again for the info lads. so basically i can either pay a statement saying i was going faster than i actually was or risk doubling my punishment by trying to contest? what a load of bollox that is :eek::mad:

    would the superintendant have any control over it if i wrote to him or her?


  • Closed Accounts Posts: 12,035 ✭✭✭✭-Chris-


    What exactly are you trying to get changed?


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


    cheers again for the info lads. so basically i can either pay a statement saying i was going faster than i actually was or risk doubling my punishment by trying to contest? what a load of bollox that is :eek::mad:

    would the superintendant have any control over it if i wrote to him or her?

    You dont risk double by going to court......the penalty for speeding is 4 penalty points and a fine.......however if you admit guilt you get 2 points and an 80 euro fine.....

    Yes the Supt can cancel the ticket.....but he sends any letters to the investigating Garda for recommendations and usually goes with his/her recommendations.


  • Registered Users, Registered Users 2 Posts: 16,686 ✭✭✭✭Zubeneschamali


    veetwin wrote: »
    If there is a fault with the summons the OP is entitled to question it.

    He hasn't had a summons yet.


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