Civilian witness to driving offences

Jamie-b

Just read this over in legal discussion. I was not aware that if a person commits an offence and another person reports it you can be taken to court (ther case in legal discussion was dangerous driving I think).

Out of curiosity, say you break a red light (or a potentially amber light as is often the case in this forum;)) would you get a fine and points in the post like as if you were stopped by a guard? Or would they come and tell you? You would risk four points if you wanted to take it to court.
You could make a mistake and not realise and so it's your word against theirs. You would probably be more likely to take the points if you were stopped by a guard inn person I think. This seems to me really open to abuse.

If you had a massive grudge against someone and saw them out you could report them for x y or z and they would get points or risk doubling them if they challenged it. It seems quite unfair I think. Any thought? Is this a common occurance?

Manic Preacher

The person making the accusation would probably need really solid evidence such as a photograph or a video. The burden of proof is always on the prosecution, so unless the person has the evidence then I don't think the guards would be able to pursue it

jaffa20

It can't be true, can it? Couldn't you just deny it...

Either way, it doesn't seem right. If i reported dangerous driving, i'd expect the guardai to follow up on it, but i don't think they can do anything unless caught in the act or a few people had reported the same person.

Jamie-b

This is what the Op said...

The offence was reported by another driver stating she overtook a vehicle in a dangerous manner(but got cited for careless driving). She got pulled over 30 miles further down the road by the traffic corp and told she had been reported.
She then gave a statement to police a few months later.
14 months later a policeman delivered the citation to her door to appear in court. (in a few weeks time)

To my knowledge, there are no independent witnesses or no guardai witnesses to this alleged offence. There was no accident, injury or damage caused to either vehicle.

My questions are :
How can she be convicted with no proof or evidence that she was driving carelessly ? she was not caught/seen speeding nor is the incident on cctv ?

Are the chances of this case getting dismissed higher as there was no accident or damage ?

The guard told her recently that the person who is persuing this is determined to have there day in court ? would the guards have advised this person to do this ?

Henry Ford III

There has to be a witness willing to give evidence. I've had to report tone really lethal bit of driving to the Garda no. and that's exactly what they asked me.

I understand the driver agreed to plead guilty, so I was never called.

Jamie-b

That's fair enough if was really dangerous. But what about an offence that attracts 1 or 2 points? Would they just take that person's word and send you the points and fine in the post? And if you appeal you could end off worse off? Yopu could end up with fines and points for something you didnt do

-Corkie-

Not really. You would have to make a written statment to the Gardai and stand up in court. You would really want to have a grudge on someone..;)

djimi

Jamie-b wrote: »

That's fair enough if was really dangerous. But what about an offence that attracts 1 or 2 points? Would they just take that person's word and send you the points and fine in the post? And if you appeal you could end off worse off? Yopu could end up with fines and points for something you didnt do

Not a chance, not unless the person had hard evidence to back up their claim.

I do understand however that if you report someone for dangerous driving it will go on file and if enough reports come in they will act upon it. How true that is I dont know.

I know they will follow up on incidents at the time tho. My parents were driving down the country a couple of years ago when they were overtaken by someone in a camper van I think it was who had dangerously overtaken several cars. My mother called the local guards and got a phone call a few minutes later to say they would be passing the vehicle in question down the road and to stop and give a statement if they wished. Sure enough they saw the vehicle pulled over by the guards and another car talking to the guards.

Seth Brundle

-Corkie- wrote: »

Not really. You would have to make a written statment to the Gardai and stand up in court. You would really want to have a grudge on someone..;)

I've often rang the Garda Trafficwatch line and in one case (where a driver would not restrain their kid) I went to the station and made a statement. The garda explained to me that if the driver disputed my allegation, then it would go to court and was I prepared to do this,, which I was.
The kid is restrained these days!

I didn't have a grudge against the driver! I just thought they were an unfit parent.

gurramok

djimi wrote: »

Not a chance, not unless the person had hard evidence to back up their claim.

Thats why some of us have an in car camera to record such stuff