HELP!

rex-x

My car just got siezed by an arse of a Garda, he was on foot and said I was flying down the hill he was standing at the bottom of even though I was going well under the limit, he checked my tires which admittedly need replacing but its only the outer edge thats worn not slick the centre parts of them have loads of tread.
is it all the tire that needs the min tread depth?
He is also summoning me to court for not having my insurance cert with me, disc was in the window but i never bring the cert, is this a legal requirement?

I'm going to make a complaint to the super tomorrow as his attitude was appauling, I tried to explain I was under the limit and safely driving but he was having none of it just got very cheeky and said bye now as in get lost :mad:

msg11

rex-x wrote: »

He is also summoning me to court for not having my insurance cert with me, disc was in the window but i never bring the cert, is this a legal requirement?

By law, you have 10 days to produce your certificate of insurance to a Gardai station of your choice. Your not obliged to carry the document , but it is good practise to have it handy.

Now if you fail to produce , that's a different story !

rex-x

He was very clear on summoning me for not having it now, I said i had time to produce it but he wasnt having it

Finnbar01

rex-x wrote: »

He was very clear on summoning me for not having it now, I said i had time to produce it but he wasnt having it

Did the garda show you want speed he clocked you at? I think he's obliged to do so but I'm not so sure. Bring your insurance and license with you to the garda today. Make sure the garda you show them to record it.

cushtac

Finnbar01 wrote: »

Did the garda show you want speed he clocked you at? I think he's obliged to do so but I'm not so sure.

He's not obliged to show the reading to anyone.

matty985

cushtac wrote: »

He's not obliged to show the reading to anyone.

Does that include a judge in a court of law cushtac ?

hobochris

Sounds like that garda was stuck for a lift back to the station TBH.

si_guru

rex-x wrote: »

My car just got siezed by an arse of a Garda, he was on foot and said I was flying down the hill he was standing at the bottom of even though I was going well under the limit, he checked my tires which admittedly need replacing but its only the outer edge thats worn not slick the centre parts of them have loads of tread.
is it all the tire that needs the min tread depth?
He is also summoning me to court for not having my insurance cert with me, disc was in the window but i never bring the cert, is this a legal requirement?

I'm going to make a complaint to the super tomorrow as his attitude was appauling, I tried to explain I was under the limit and safely driving but he was having none of it just got very cheeky and said bye now as in get lost :mad:

Hmmm... I just read some of your previous posts when you claim to always drive above the speed limit - even in rain!

Sofa King Great

This thread should come with a "CAUTION, Two sides to every story" warning.

cushtac

matty985 wrote: »

Does that include a judge in a court of law cushtac ?

Gardaí provide proof of the gun's calibration & their own evidence, the gun is not required for court & I've never heard or seen a judge ask for it.

matty985

cushtac wrote: »

Gardaí provide proof of the gun's calibration & their own evidence, the gun is not required for court & I've never heard or seen a judge ask for it.

Fair enough, I was however under the impression that proof of your speed, whether by a print out record or by being shown the gun's screen was necessary

This article http://archives.tcm.ie/irishexaminer/2005/02/16/story187376074.asp would seem to agree, but the law could since have been changed, I don't know

rex-x

Just to be clear there was no speed gun involved, it was a visual guess a garda with no car even

Hooch

matty985 wrote: »

Fair enough, I was however under the impression that proof of your speed, whether by a print out record or by being shown the gun's screen was necessary

This article http://archives.tcm.ie/irishexaminer/2005/02/16/story187376074.asp would seem to agree, but the law could since have been changed, I don't know

Not only does he not have to show the gun to anyone, the law states that the speed detection equipment is correct unless proven otherwise by the defence. Its the Garda's sworn evidence only.

rex-x wrote: »

Just to be clear there was no speed gun involved, it was a visual guess a garda with no car even

I think you could be leaving out some bits and pieces.....learners permit??? No tax???? No Nct???

If your tyres are below the minimum thread depth in any part then your car is dangerously defective.

rex-x

From my reasearch it seems only the centre 75% must be above the min level

There is a nice handy offence of driving at a speed which would not allow a driver to stop within a safe distance. No proof of what speed you were doing needed. Just the Garda opinion of believing you are driving too fast.

Finnbar01

foreign wrote: »

There is a nice handy offence of driving at a speed which would not allow a driver to stop within a safe distance. No proof of what speed you were doing needed. Just the Garda opinion of believing you are driving too fast.

That's a bit scary isn't it. That you are assumed quilty on the word of another person with no proof whatsoever.

Finnbar01

Finnbar01 wrote: »

That's a bit scary isn't it. That you are assumed quilty on the word of another person with no proof whatsoever.

Not scary at all. Have you never seen a car and thought it's driving too fast for the surroundings that it was in?

Finnbar01

foreign wrote: »

Not scary at all. Have you never seen a car and thought it's driving too fast for the surroundings that it was in?

Yes I have. But as I go with this premise : guilty until proven innocent. I most certainly don't think it should be left up to the individual to prove their innocence. I should never have to prove that I am innocent, but it's up to you to prove my guilt, with evidence.

bravestar

rex-x wrote: »

My car just got siezed by an arse of a Garda, he was on foot and said I was flying down the hill he was standing at the bottom of even though I was going well under the limit, he checked my tires which admittedly need replacing but its only the outer edge thats worn not slick the centre parts of them have loads of tread.
is it all the tire that needs the min tread depth?
He is also summoning me to court for not having my insurance cert with me, disc was in the window but i never bring the cert, is this a legal requirement?

I'm going to make a complaint to the super tomorrow as his attitude was appauling, I tried to explain I was under the limit and safely driving but he was having none of it just got very cheeky and said bye now as in get lost :mad:

Im sure there is more to this story than you are telling us. Just looking at some of your previous posts, you seem to think getting "angry and shouty" will get you places, did you adopt that approach with the Garda you refer to as an arse? You also seem to think it's fine to break the speed limit in the rain...

Im sure the Garda concerned had a very good reason for seizing your vehicle. You will get no sympathy here mate. The less drivers like you on the road, the safer it is for other road users.

kravmaga

rex-x wrote: »

My car just got siezed by an arse of a Garda, he was on foot and said I was flying down the hill he was standing at the bottom of even though I was going well under the limit, he checked my tires which admittedly need replacing but its only the outer edge thats worn not slick the centre parts of them have loads of tread.
is it all the tire that needs the min tread depth?
He is also summoning me to court for not having my insurance cert with me, disc was in the window but i never bring the cert, is this a legal requirement?

I'm going to make a complaint to the super tomorrow as his attitude was appauling, I tried to explain I was under the limit and safely driving but he was having none of it just got very cheeky and said bye now as in get lost :mad:

Why would the Garda seize your car unless he had valid evidence.

Was your NCT in date?
Was your car Tax disc in date?
The tyre thread depth is 1.6mm as far as I know.
Did you have a valid insurance disc on display?

What was the speed limit on the hill in question and what speed did you allege you were doing?

Plus if you failed the attitude test with the Garda maybe he had just cause.

But normally you should have been given a producer at a station of your choice for your Insurance cert.

There is 2 sides to every story and I dont think you are giving all the facts here.

Where did this occur?