followed and stopped by garda

sboyle01

I was recently followed and stopped by a Garda. He parked behind my car and approached my window and told me I overtook on a continous white line. This was true although the car in front was doing about 30mph and moved over to let me pass, although I still should not have done it. He asked me nothing and took no details but he asked for my licence and looked at my tax, insurance on the windscreen. He took my licence and walked back to his car and I sat for about 5 minutes until he came back. He handed me my licence, said the address on my licence is not updated and asked my current address. I am curious what was he doing in the car with my licence for so long? Was he writing a ticket or just checking me up? He gave no indication I was being charged or getting points. I actually sat in the car when he left thinking he would come back but he just drove away.

andyseadog

Maybe you should have asked him?

if he didn't mention it, i reckon you just got cautioned, particularly if he noticed that the other car pulled in to allow you pass.

sboyle01

Im sorry I didn't ask but I was expecting him to say something.

milehip1

Asking for your current address would indicate(to me anyway) that he was 'awarding' you the points,and wanted to make sure that you would get the notifiction.
Gaurds usually dont tell you if you're being given points unless you ask them outright.

hilloftara

i got stopped for speeding same thing took my licence ,left me in the car he came back ,gave me my licence ,said good luck i thought great no fine,got it in the post couple of wks later

Reloc8

yeah I'd keep an eye on the post - you are likely to have been tagged for that.

80 euros if you pay within 28 days, 120 within 56, 2 points.

4 points in court, and maximum fine is the general penalty under the RTA's (800 for first offence) although on a plea of guilty you can expect between 200 and 450 euros depending on the judge, 450 being a very upper end estimate for first offence.

Reloc8

I'd say you're in line for a penalty point notice - 2 points 80 euro if paid within 28 days, 2 points 120 euro if you pay within 56.

4 points, max fine 800 (for first offence under RTA's) if you don't pay and a summons issues.

CiniO

sboyle01 wrote: »

and told me I overtook on a continous white line. This was true although the car in front was doing about 30mph and moved over to let me pass, although I still should not have done it.

Did you actually crossed the continuous white line?
As overtaking in the place where continuous white line exists is not an offence.
Only crossing the white line is an offence.

So if you overtook without crossing the white line, you didn't commit an offence.

Tenzor07

Firstly, did you say "Yes, I overtook illegally?"

You would be told if you were to receive points, however from your description I would just look upon this as a lesson learned..

Paulw

They don't give you anything at the side of the road.

You'll get a notification in the post as to the offence, and any penalty. This may be as simple as a fine and points, or may even be a summons.

All he needed for this was your license, and your details.

MagicMarker

Tenzor07 wrote: »

Firstly, did you say "Yes, I overtook illegally?"

Why does this matter? Are these the magic words that prevent one from being fined? If so I shall take note.

testicle

MagicMarker wrote: »

Why does this matter? Are these the magic words that prevent one from being fined? If so I shall take note.

No, it removes the burden of proof.

:rolleyes:

johnos1984

MagicMarker wrote: »

Why does this matter? Are these the magic words that prevent one from being fined? If so I shall take note.

I always thought there were three phrases for getting away with points?

"What seems to be the officer problem?"
"Have a look at these bad boys officer, is there any problem now?"
"You must of been really impressed by my driving if you followed me to tell me"

sboyle01

Will this be sent to the address on my licence. I don't live there anymore.

MagicMarker

testicle wrote: »

No, it removes the burden of proof.

:rolleyes:

Proof, as in an eye witness account of the offense occurring? As seen by the guard?

Our man in Havana

Were you asked for your correct address?

Failing to update your licence is also an offence.

sboyle01

No I didn't admit I did something wrong. He just told me.

sboyle01

Yes he asked my current address but didn't take it down. The address on it is my parents address which I sometimes stay in. He seemed to know I had a new address. I know my tax and insurance gets sent to my new address.

Reloc8

The notice goes to your address per license records as a general rule. Just because you didn't see him write it down doesn't mean he didn't.

I'd update current address anyway if I was you and watch the post in both places. At least you will still get the notice if it goes to your parents.

Our man in Havana

You best ask your parents if any letters arrive for you.

Reloc8

johnos1984 wrote: »

I always thought there were three phrases for getting away with points?

"What seems to be the officer problem?"
"Have a look at these bad boys officer, is there any problem now?"
"You must of been really impressed by my driving if you followed me to tell me"

You forgot :

"I possibly did or at least I'll take your word for it, now that we've agreed that, we can all get on with our lives"

and

"Are there no murderers out there for you to catch"

DUB777

Reloc8 wrote: »

I'd say you're in line for a penalty point notice - 2 points 80 euro if paid within 28 days, 2 points 120 euro if you pay within 56.

4 points, max fine 800 (for first offence under RTA's) if you don't pay and a summons issues.

He's right, your probably in for it, unless your currently under investigation for something else ie. drug dealer or something along those lines. Then you'll get it all at the same time. Find a cop you know or went to school with & get/got along with. As them to look at your status. Alternatively you can try pay them off or bribe him.

johnos1984

"Your not wearing your hat officer so there is nothing you can do to me"

Officer Giggles

load of crap if you ask me, would be very suprised if you ever hear anything from this, very minor road traffic offence, the garda probably checked your licence out with the station to see who you were and thats it

Paulw

Officer Giggles wrote: »

load of crap if you ask me, would be very suprised if you ever hear anything from this, very minor road traffic offence,

It may be considered minor to you, but it's one that is frequently enforced and leads to prosecution. It can be considered dangerous driving, depending on how the Garda writes it up.

Officer Giggles

if the garda makes no note book entries then he has no evidence to bring before the court so he cant prosecute

Paulw

Just because the OP didn't see him write anything down, doesn't mean that the Garda didn't take notes while in his car. Sounds like the Garda had 5 min on so, with the OPs details, where he may have made notes.

I guess the OP can let us all know how it turns out, but for me, I'd expect the OP to get a summons in the near future.

NewApproach

Could you not just go into a station and ask them to check. Say you don't reside at the address and ask if you should be expecting a notice in the post.

Officer Giggles

i just find it hard to believe that the garda would do him for what is a minor offence and yet not ask him to produce his certificate of insurance (in reality the disk aint worth the paper its written on)

Ken.

I would imagine that when the garda put in the op's details that he got a different address to the one on the licence and was mearly checking this detail with the op to see what he'd say.

Paulw

Officer Giggles wrote: »

i just find it hard to believe that the garda would do him for what is a minor offence and yet not ask him to produce his certificate of insurance (in reality the disk aint worth the paper its written on)

Overtaking over a continuous white line is not considered a minor offence.

The OP wasn't asked to produce anything (from reading his post again). All details were taken at the road side.

Tails142

This happened to me a few years back driving up in Donegal.

Overtook a bus driving in the hard shoulder on a continuous white line. Garda on a bike pulled me over.

He took my licence and walked back to the bike for a few minutes and got on the radio.

Came back with my licence and said, "OK, safe driving".

Thought I was away scot free only for a letter to come in through the door a few weeks later, 2 points and 80 euro fine.

I was raging that he never mentioned it at the side of the road as I definetly would have argued it, bus was in the hard shoulder and only reason I crossed the line was to be extra safe, nothing even coming in the opposite direction, wide road, only a slight bend. Bleh, anyway, expect points!

MagicSean

sboyle01 wrote: »

Yes he asked my current address but didn't take it down. The address on it is my parents address which I sometimes stay in. He seemed to know I had a new address. I know my tax and insurance gets sent to my new address.

Most likely the address you gave matched the one your car is registered to which is where the fine would be sent.

Officer Giggles wrote: »

if the garda makes no note book entries then he has no evidence to bring before the court so he cant prosecute

Who makes this stuff up? Do you believe he cant arrest you without his hat too?

Officer Giggles

k_mac wrote: »

Most likely the address you gave matched the one your car is registered to which is where the fine would be sent.



Who makes this stuff up? Do you believe he cant arrest you without his hat too?

i would be amazed if you have ever seen a garda in court prosecuting a case with no notebook

MagicSean

Tails142 wrote: »

This happened to me a few years back driving up in Donegal.

Overtook a bus driving in the hard shoulder on a continuous white line. Garda on a bike pulled me over.

He took my licence and walked back to the bike for a few minutes and got on the radio.

Came back with my licence and said, "OK, safe driving".

Thought I was away scot free only for a letter to come in through the door a few weeks later, 2 points and 80 euro fine.

I was raging that he never mentioned it at the side of the road as I definetly would have argued it, bus was in the hard shoulder and only reason I crossed the line was to be extra safe, nothing even coming in the opposite direction, wide road, only a slight bend. Bleh, anyway, expect points!

That's probably why he didn't mention it. Some Gardaí don't like listening to the excuses at the side of the road. You can't overtake on a continuous white line no matter how far in the other vehcile is or how little you go over the line.

amiable

Officer Giggles wrote: »

i just find it hard to believe that the garda would do him for what is a minor offence and yet not ask him to produce his certificate of insurance (in reality the disk aint worth the paper its written on)

No but the Garda Pulse can tell him if the car is insured which is probably what the Garda was doing.

You can't say for sure what the Garda will do.

He imo will summons the OP

missymoo1

he checked you on pulse, saw you were ok, so will probably leave it at that, youd GENERALLY be told about the ticket, penalties etc.

"took down no notes so cant prosecute?" give us a break, of course he could

MagicSean

Officer Giggles wrote: »

i would be amazed if you have ever seen a garda in court prosecuting a case with no notebook

The evidence is what is said by the Garda not what is in his notebook. Notebook is only needed if he can't remember the incident. For a traffic stop all the information he needs is in the summons itself.

Officer Giggles

amiable wrote: »

No but the Garda Pulse can tell him if the car is insured which is probably what the Garda was doing.

You can't say for sure what the Garda will do.

He imo will summons the OP

the garda pulse will only tell him what the insurance disk does, the certificate number and the dates it is valid for, neither would tell him who exactly is covered by the policy

amiable

Officer Giggles wrote: »

the garda pulse will only tell him what the insurance disk does, the certificate number and the dates it is valid for, neither would tell him who exactly is covered by the policy

I can assure you that you are wrong.

The Pulse will tell if a policy has been cancelled

Please refrain from give inaccurate legal advice

missymoo1

Officer Giggles wrote: »

i would be amazed if you have ever seen a garda in court prosecuting a case with no notebook

often. well theyd generally have somethin in front of them but not always a notebook. any witness in court can rely on memory alone

amiable

If a garda always needed a notebook as evidence they'd be screwed.

Absolute rubbish to suggest they do need it

missymoo1

amiable wrote: »

I can assure you that you are wrong.

The Pulse will tell if a policy has been cancelled

Please refrain from give inaccurate legal advice

policy number and effective dates only. not if it has been cancelled or who the named drivers are. its a record provided by shannon, so is only reliable once a vehicle is taxed too.

Reloc8

Tails142 wrote: »

This happened to me a few years back driving up in Donegal.

Overtook a bus driving in the hard shoulder on a continuous white line. Garda on a bike pulled me over.

He took my licence and walked back to the bike for a few minutes and got on the radio.

Came back with my licence and said, "OK, safe driving".

Thought I was away scot free only for a letter to come in through the door a few weeks later, 2 points and 80 euro fine.

I was raging that he never mentioned it at the side of the road as I definetly would have argued it, bus was in the hard shoulder and only reason I crossed the line was to be extra safe, nothing even coming in the opposite direction, wide road, only a slight bend. Bleh, anyway, expect points!

Ah here.

What would you have argued ? You broke the rules, you got the fine & points. There's no exemption for 'it was totally safe to do it'.

You're actually illustrating why, very sensibly, many gardai won't get into that dialogue with a person on the road - why have an argument when there's nothing to have an argument about ? He was perfectly professional and courteous.

no I am not a garda.

Officer Giggles

amiable wrote: »

I can assure you that you are wrong.

The Pulse will tell if a policy has been cancelled

Please refrain from give inaccurate legal advice

the point im making is that it doesnt state who is insured on the policy, im not giving out incorrect legal advice

Officer Giggles

missymoo1 wrote: »

policy number and effective dates only. not if it has been cancelled or who the named drivers are. its a record provided by shannon, so is only reliable once a vehicle is taxed too.

thanks

amiable

The Pulse will tell if the policy has been cancelled

Also to say about the notebook is silly. So if a Garda is involved in an altercation he needs to use his/her notebook? Ridiculous

Officer Giggles

amiable wrote: »

The Pulse will tell if the policy has been cancelled

Also to say about the notebook is silly. So if a Garda is involved in an altercation he needs to use his/her notebook? Ridiculous

if a garda is invloved in an altercation are you telling me they arent going to takes notes in relation to what happended, the court date could be 6 months after the incident, if they never dealt with another situation in the meantime are you trying to tell me they would remember everything, not a chance

amiable

Officer Giggles wrote: »

if a garda is invloved in an altercation are you telling me they arent going to takes notes in relation to what happended, the court date could be 6 months after the incident, if they never dealt with another situation in the meantime are you trying to tell me they would remember everything, not a chance

I'm saying they aren't going to take notes as its happening as you suggested.

Just cos you don't see them taking notes doesn't mean they haven't taken notes is my point

Reloc8

^ Exactly. All that's been said is that there's nothing mandatory about taking/maintaining notes. That doesn't mean a notebook is not frequently/almost invariably used.

Moreover, its not always the case that the notes are written up at scene. They simply have to be eh contemporaneous.

(says Reloc8, who has continually been surprised by 8 or 10 pages of notes apparently taken contemporaneously regarding incidents where teeth were established to have been kicked out which notes were written in extra neat handwriting. And two different pens )

I jest.

missymoo1

amiable wrote: »

The Pulse will tell if the policy has been cancelled

Also to say about the notebook is silly. So if a Garda is involved in an altercation he needs to use his/her notebook? Ridiculous

PULSE DOES NOT TELL IF A POLICY HAS BEEN CANCELLED.
it is merely insurance information provided by the motor tax renewal office. insurance could expire shortly after tax is purchased for say a year, and in these circumstances PULSE might indicate that insurance has expired when in fact since the tax was renewed the insurance has also been renewed separately (possibly with a different insurer and/or with a different policy number)PULSE DOES NOT TELL IF A POLICY HAS BEEN CANCELLED. END OF