garda uniform and fine

miece16

what are the legal implications of a garda not wearing full uniform (he didnt put his hat on after he got out of the car) when i was pulled over on the road? he carried out several inspections on my car. i also was smoking a cigarette and stupid me dropped it out the window as i was pulling over. he said i will get a €125 fine for litter.

my question is as he was not in full uniform at the time and according to Section 111 of the Road Traffic Act 1961 part (a) do i have any chance to appeal?

blubloblu

Is there any way you could've mistaken him as not being a Garda?

miece16

short answer no

Croc

miece16 wrote: »

what are the legal implications of a garda not wearing full uniform (he didnt put his hat on after he got out of the car) when i was pulled over on the road? he carried out several inspections on my car. i also was smoking a cigarette and stupid me dropped it out the window as i was pulling over. he said i will get a €125 fine for litter.

my question is as he was not in full uniform at the time and according to Section 111 of the Road Traffic Act 1961 part (a) do i have any chance to appeal?

Short answer None

miece16

my only chance now is if the garda decides not to process it

Croc

Exactly

miece16

he was a non smkoer too

murrayp4

nice try...

nuac

Heard this urban legend before about a bareheaded garda's evidence being inadmissable.

Most District Judges are sensible men and women and most unlikely to accept that.

As far throwing a cigarette butt out of the window, what were yoo thinking of?

Fine on a summons for this can be €3,000 . The €125 is just the on the spot fine - you might get a summons

Victor

miece16 wrote: »

my question is as he was not in full uniform at the time and according to Section 111 of the Road Traffic Act 1961 part (a) do i have any chance to appeal?

How do you know what the uniform of the day was?

If you believed he wasn't in uniform, you should have asked for ID. In any case, you had complied with the instruction (to stop) before you saw he wasn't wearing his hat. This section only applies to any "request, requirement, demand or instruction", not the issuing of a ticket.

Identification of member of Garda Síochána.

111.—Where, in exercise of any power or the performance of any duty conferred or imposed by or under this Act, any member of the Garda Síochána makes in a public place a request, requirement or demand of, or gives an instruction to, any person, such person shall not be bound to comply with the request, requirement, demand or instruction unless the member either—
[GA]

( a ) is in uniform, or
[GA]

( b ) produces, if requested by such person, an official identification card or such other evidence of his identity as may be prescribed.

Bosco boy

miece16 wrote: »

what are the legal implications of a garda not wearing full uniform (he didnt put his hat on after he got out of the car) when i was pulled over on the road? he carried out several inspections on my car. i also was smoking a cigarette and stupid me dropped it out the window as i was pulling over. he said i will get a €125 fine for litter.

my question is as he was not in full uniform at the time and according to Section 111 of the Road Traffic Act 1961 part (a) do i have any chance to appeal?

Thats the sort of question that the schools programme garda used to get asked years ago in national schools "do you have to have your cap on when you arrest someone" most kids know the answer these's days, what worries me is that you have a driving licence!! I'd pay the litter fine asap as judges tend to hammer people on litter summons, I've a feeling he'll enjoy processing this one