Appealing Garda fine

Princess Peach

Micky Dolenz wrote: »

I ain't riding no Gardai.

Is that your baton Gardai or are you just happy to handcuff me? *Shudder*

What makes you shudder, makes me weak at the knees!

Dusty87

Sitec wrote: »

You have no evidence (except last calls, which isnt evidence), i doubt your going to win to be honest. ****ty enough out of the gardai but i'd say she was on the phone. They dont make stuff up like that IMO

why wont she win? Because the gaurd 'said so'. Its not as simple as that though. The op only gave some info. There is a lot more needed to say who will 'win'

slimjimmc

PanchoVilla wrote: »

It's a scam. If you accept the fine when the Garda stops you then you have to pay it. They are depending on people backing down instead of asserting their rights. Once the fine is written and the driver accepts it, it's their word against the Garda when it goes to court. Who do you think the judge will side with? Never accept a fine or ticket if you didn't break any laws.

BS, you're not deemed to have accepted the fine when the Garda writes it down, you only show acceptance of the penalty when you've paid it. Also, the Gardaí do not issue tickets at the roadside so you can't reject that either.

The fixed penalty notice is issued through the post to give you an opportunity to accept the reduced penalty out of court. If you don't accept it you have the right to contest it court. At no stage are you forced to pay any fine out of court and your rights are not trampled on.

Naturally if you're genuinely innocent then you should of course put your case to the judge.

hondasam

comeraghs wrote: »

My Girlfriend was stopped today by the Guards & accused of using her phone while driving which she wasn't. She offered to show them the phone & the record of made / received calls .. but the garda refused to look at it.

How can she appeal?

She will get the fine in about three weeks, she can pay the €60 and accept the 2 penalty points or go to the station and speak to the supt. dont forget if you go over the 28days allowed the fine goes up. The offence is for holding the phone, you dont have to be using it. If she feels she is right she should stand up for herself and appeal it. was it a young guard?

comeraghs

Thanks for all the advice.

The Guard was on ould fella who followed her for about 30 mins ... before pulling her over.

She is more upset about being accused of lying by the Guard .. It has totally changed her attitude regarding The Guards.

I´ll have to see what we can do but will probably end up paying it even though it´s money we can´t really afford. Too much of a gamble to fight it ... not exactly standing up to the man

hondasam

comeraghs wrote: »

Thanks for all the advice.

The Guard was on ould fella who followed her for about 30 mins ... before pulling her over.

She is more upset about being accused of lying by the Guard .. It has totally changed her attitude regarding The Guards.

I´ll have to see what we can do but will probably end up paying it even though it´s money we can´t really afford. Too much of a gamble to fight it ... not exactly standing up to the man

sometimes it's better to just accept things and my motto is What Goes Around Comes Around. It's the penalty points that piss me of not the fine.

MagicSean

comeraghs wrote: »

Thanks for all the advice.

The Guard was on ould fella who followed her for about 30 mins ... before pulling her over.

She is more upset about being accused of lying by the Guard .. It has totally changed her attitude regarding The Guards.

I´ll have to see what we can do but will probably end up paying it even though it´s money we can´t really afford. Too much of a gamble to fight it ... not exactly standing up to the man

When you get the fine write to the local superintendent straight away and explain why you think it is a mistake. People aren't picked at random. Ask your wife why she thinks he stoppped her. Was she holding something which looked like a phone? Did she have her hand on her head? You could also mention that the call log on her phone will support her claim. The super will talk to the garda and make a decision about if it should be cancelled. there is no harm in trying if you are telling the truth.

By the way, the word is Garda not Guard. The plural is Gardaí. They are irish words.

later12

Won't the phone company be able to bring an end to this very quickly and easily by providing you with a call log. Obviously the call log on the phone can be tampered with, but not the official one from your service provider.

Micky Dolenz

later10 wrote: »

Won't the phone company be able to bring an end to this very quickly and easily by providing you with a call log. Obviously the call log on the phone can be tampered with, but not the official one from your service provider.

But one could only assume that was the phone she had on the day in question. It's going to be hard to refute a Garda eye witness testimony

MagicSean

later10 wrote: »

Won't the phone company be able to bring an end to this very quickly and easily by providing you with a call log. Obviously the call log on the phone can be tampered with, but not the official one from your service provider.

Well the offence is for holding a phone. You don't have to be making or receiving a call.