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Incorrect Speed on Speeding Fine

  • 23-03-2010 8:54pm
    #1
    Registered Users, Registered Users 2 Posts: 77 ✭✭


    I'm in the same boat myself. Guard pulled me and said I was doing 136 in a 100 on the Naas Road. Fine comes in with 156 (97MPH FFS) and I got all riled up wanting to clear my name cos NO WAY was I doing 97mph with dense traffic all around me.

    I'm a bit sorry now I didnt pay up and then lodge an appeal, which apparently is what you are supposed to do. I thought I would have to "tell it to the judge" and that's where it seems to be going now. bah.


Comments

  • Registered Users, Registered Users 2 Posts: 3,883 ✭✭✭pa990


    you can't pay the fine then appeal.
    If u pay the ticket, that is the end of the matter.

    But you can apply to appeal the court case, but there must be grounds to appeal it to the circuit court


  • Registered Users, Registered Users 2 Posts: 10,534 ✭✭✭✭guil


    B9K9 wrote: »
    I'm in the same boat myself. Guard pulled me and said I was doing 136 in a 100 on the Naas Road. Fine comes in with 156 (97MPH FFS) and I got all riled up wanting to clear my name cos NO WAY was I doing 97mph with dense traffic all around me.

    I'm a bit sorry now I didnt pay up and then lodge an appeal, which apparently is what you are supposed to do. I thought I would have to "tell it to the judge" and that's where it seems to be going now. bah.
    ur goin to be really sorry ya didnt pay the fine, the judge in naas is particularly stringent with motorin offences

    i've witnessed him give a 400+ euro fine for speeding


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


    guil wrote: »
    ur goin to be really sorry ya didnt pay the fine, the judge in naas is particularly stringent with motorin offences

    i've witnessed him give a 400+ euro fine for speeding

    I got €250 and a bollocking off him for doing 124 on the N7, light traffic. Same guy handed out custodial sentences last year for speeding



    Edit:I'm going to split this into a thread of it's own because this one is rather old


  • Registered Users, Registered Users 2 Posts: 10,534 ✭✭✭✭guil


    yep, judge zaiden, i was before him for bein allegedly holdin a phone, had to appear 3 times and the guard didnt show each time, got thrown out after that


  • Registered Users, Registered Users 2 Posts: 24,537 ✭✭✭✭Cookie_Monster


    but do you have any proof you only were doing 136?


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  • Registered Users, Registered Users 2 Posts: 3,570 ✭✭✭rebel.ranter


    You should pay the fine, what are you going to tell the judge? "I was speeding your honour, but not as fast as it says on the ticket". The judge would probably just get annoyed you wasted the court's time & slap you with a bigger fine.


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


    You should pay the fine, what are you going to tell the judge? "I was speeding your honour, but not as fast as it says on the ticket". The judge would probably just get annoyed you wasted the court's time & slap you with a bigger fine.

    From reading other threads saying "Your Honour" will get you a bigger fine. Your honour is only for US courts, AFAIK it's Judge here.

    Saying I wasn't doing 157km/h I was doing 137km/h won't get you off, you where still speeding


  • Registered Users, Registered Users 2 Posts: 1,260 ✭✭✭Viper_JB


    Del2005 wrote: »
    Saying I wasn't doing 157km/h I was doing 137km/h won't get you off, you where still speeding

    I'm not too sure about that there are a hell of allot of rules on the garda about this, and they cannot issue a fine under false pretense the big problem about that....and I have seen this happen in court is that it bascially comes down to your word against the gardas and the judge will ALWAYS side with the garda, unless you have proof or the garda has proof that goes against what he's saying.


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    Since you're going to court, then the actual speed you were doing will make a difference. 136km/h on the Naas Road is madness, but 156km/h makes you look like a complete lunatic and a public danger. You could end up with a ban.

    Get yourself a solicitor and get some advice on what to do. If you can get the Garda to agree in front of the judge that there's an error on the ticket, you might just get away with four points and a heavy fine.


  • Registered Users, Registered Users 2 Posts: 23,688 ✭✭✭✭mickdw


    So the garda pulled you over for speeding. Do you not then have the ticket he actually gave you on the roadside saying 136?


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  • Registered Users, Registered Users 2 Posts: 1,225 ✭✭✭JCDUB


    This is a funny one.

    About two years ago I was caught by the gatso van on the M1 northbound just after the M50 junction, doing 111 in a 100 zone.

    I got the fine, it said I was doing 111 in a 120 zone, I'd imagine because somebody didn't recalibrate/reset the camera when moving it from a 120 zone to a 100 zone.

    A few days later I got a letter from the gardaí saying they were sorry, their mistake, ignore the fine and no points for me, in so many words. So I did.

    My point is if you can prove that the speed on the fine was a mistake then the case surely must be thrown out??
    There can't be a middle ground where you and the garda agree that you were speeding but you weren't going that fast.
    It's either what was written on the fine or nothing at all surely??

    So, it comes down to whether you can prove that what it says on the fine is wrong or not.

    I'd imagine this is going to be damn hard, but if you can I'd imagine the case will have to be thrown out.
    If you can't however, judging from the above posts about the judge, prepare to be ridden hard.

    Good luck, hope it works out for you either way.


  • Banned (with Prison Access) Posts: 6,201 ✭✭✭KamiKazi


    Onkle wrote: »
    I got €250 and a bollocking off him for doing 124 on the N7, light traffic. Same guy handed out custodial sentences last year for speeding

    Kilometres p/h I assume?


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


    KamiKazi wrote: »
    Kilometres p/h I assume?

    It is the standard measurement used in this country since 2005


  • Registered Users, Registered Users 2 Posts: 66,132 ✭✭✭✭unkel
    Chauffe, Marcel, chauffe!


    Onkle wrote: »
    I got €250 and a bollocking off him for doing 124 on the N7, light traffic. Same guy handed out custodial sentences last year for speeding

    That's ridiculous. He needs a good bollocking himself :mad:

    Here's the original thread long thread some people mentioned


  • Registered Users, Registered Users 2 Posts: 18,272 ✭✭✭✭Atomic Pineapple


    mickdw wrote: »
    So the garda pulled you over for speeding. Do you not then have the ticket he actually gave you on the roadside saying 136?

    The gardai dont give you anything at the side of the road, they stopped doing that about 8 years ago


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