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Stopped by the Gardai, advice? Procedures?

  • 08-11-2010 10:46am
    #1
    Registered Users, Registered Users 2 Posts: 17,275 ✭✭✭✭


    Hi Folks,
    Just looking for some advice on the following situation.
    I was stopped by Gardai this morning on Henry St, Limerick after turning right from Mallow St.
    The street opens to 3 lanes immediately after this turn with traffic on this road having priority over traffic joining from Lower Mallow st via a flashing amber light on the extreme left lane.
    Anyway what happened was, I turned right via green light onto left lane of Henry St,(For first 20 mtrs its 2 lanes then opens out to 3 beyond slip road controlled by flashing amber) then moved into the left lane ahead of(what turned out to be an unmarked patrol car) which had come straight through the flashing amber light.
    They pulled me over and proceeded to take my details/check my license, but aside from telling me I'd cut them off never informed me of an actual offense or informed me of any penalty I may incur.
    My worry now is that in a few weeks a summons or at the minimum a fixed penalty notice will pop in my letterbox.
    Now while I appreciate both drivers made mistakes and that 2 wrongs don't make a right, I would appreciate some advice on how to proceed with dealing with this matter?
    I mean if there was no offense mentioned has an offense been committed? Do you have to be informed what the intended charge is?
    If there is an offense, i.e a fixed penalty how likely am I to be successful in contending it given that there were two gardai in the other car and despite them barreling through the amber light it is my word against theirs?
    Any advice would be appreciated.


Comments

  • Registered Users, Registered Users 2 Posts: 22,815 ✭✭✭✭Anan1


    From what you've said i'd be confident that you'll hear no more about it.


  • Moderators, Business & Finance Moderators Posts: 17,852 Mod ✭✭✭✭Henry Ford III


    What offence did you commit OP?


  • Registered Users, Registered Users 2 Posts: 17,275 ✭✭✭✭banie01


    What offence did you commit OP?

    Thats part of what I'm trying to find out really.
    The Garda took my details, berated my for cutting them off and then left without giving my any indication that I had committed an offence or what the offence was.
    So I'm wondering am I going to get a penalty notice for careless driving or such without actually being informed of what the offence was when stopped?


  • Closed Accounts Posts: 16,095 ✭✭✭✭omb0wyn5ehpij9


    Anan1 wrote: »
    From what you've said i'd be confident that you'll hear no more about it.

    Agreed


  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    banie01 wrote: »
    Thats part of what I'm trying to find out really.
    The Garda took my details, berated my for cutting them off and then left without giving my any indication that I had committed an offence or what the offence was.
    So I'm wondering am I going to get a penalty notice for careless driving or such without actually being informed of what the offence was when stopped?

    It's very unlikely that you will be prosecuted for careless driving, he probably took your details to keep his options open or maybe just to give you a scare but he will not be doing you for careless driving.

    Careless driving is covered under Section 52 of the 1961 Road Traffic Act and in order to prosecute you under S.52 he would have to have given you a verbal warning on the spot that such a prosecution was being considered or deliver a written notice to that effect to you within 14 days of the alleged offence, see S.104 of the act here...

    http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0104.html#zza24y1961s104


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  • Registered Users, Registered Users 2 Posts: 2,226 ✭✭✭angelfire9


    POSSIBLY and I emphasise that this is only a possibility but maybe by taking your name & details if (God forbid) you were involved in an accident next week or next month at the same junction doing the same manoeuvre they could throw the book at you seeing as you have now received a warning?


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Have you been asked to produce your documents at a Garda Station within 10 days?


  • Registered Users, Registered Users 2 Posts: 17,275 ✭✭✭✭banie01


    Haddockman wrote: »
    Have you been asked to produce your documents at a Garda Station within 10 days?

    Haddockman all my documentation was with me, license was in the car and all my window paper was valid and in date.


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Insurance certificate? That yoke on the window means bugger all in the greater scheme of things.


  • Registered Users, Registered Users 2 Posts: 17,275 ✭✭✭✭banie01


    Haddockman wrote: »
    Insurance certificate? That yoke on the window means bugger all in the greater scheme of things.

    Funnily I only renewed my insurance the other day so that was in the car too!
    But no documentation was requested


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  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    No worries so. I doubt you will hear any more so.


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