One rule for them another for us

godtabh

No mention of points

Independent Senator Ivor Callely was fined €60 today at Dublin District Court for holding a mobile phone while driving his car.

Senator Callely, who has been at the centre of a controversy surrounding his expenses, appeared in court where he denied holding a mobile phone while driving his Jaguar car, at Ballybough Road, in Dublin city centre on the afternoon of October 11 last.

Traffic Garda Keith Daly told the court that that he observed Callely driving his blue Jaguar “holding a mobile phone to his right ear.”

Garda Daly said he performed a u-turn and pulled the senator over at Summerhill Parade.

He told Judge James Paul McDonnell that at this stage Callely was talking into a “handsfree device” but the phone he had seen him using was lying on a passenger seat.

Callely's solicitor put it to Garda Daly that the phone on the passenger seat was broken and not the one Callely had been using.

The garda replied that he did not have to prove that the phone was in use but that the defendant had been holding it while he was driving which he said he observed.

The defence submitted that Callely had not received fixed penalty notice but the garda told the judge that he had an official record of it being sent.

Callely's address at St Lawrence's Road, in Clontarf, in Dublin was also on his driving licence, the court was told by the garda.

In evidence, the senator told the court that he had been talking into a “Parrot” handsfree device and he accepted that he had two mobile phones in the car.

In relation to the fixed penalty notice, he said he did not keep a “log” of post coming to his house.

Callely, dressed in a light blue suit, agreed with his solicitor that it would have been “ridiculous” not to have dealt with the fixed penalty notice “rather than have the notoriety of dealing with this in court.”

Callely (aged 52) also said he would have paid the penalty if he had received the notice.

Judge McDonnell said it was accepted by the prosecution and the defence that there were two mobile phones in the senator's car and Callely was speaking into a device when he was stopped.

The judge accepted the Garda's evidence that the senator was holding a mobile phone while driving.

Judge McDonnell fined Callely €60 which must be paid within seven days or else he could be jailed for five days in default.


Read more: http://www.breakingnews.ie/ireland/callely-fined-for-using-mobile-while-driving-499880.html#ixzz1IYknIvn5

PCPhoto

how is that one rule for them and another for us !!!

if you had two or more "homes" and didn't regularly check your postage you would not "receive" the fixed penalty notice either.

This happens to loads of people in the District Court - in the past it was used as a loophole to avoid prosecution but that has been stopped.

He has been given the chance to pay the original fine within 7 days...or face 5 days in jail.

EDIT - just to clarify .... the "this happens to a lot of people in the district court" ... I mean "claiming" they never received the original fine.

godtabh

I didnt think that "i didnt get the letter" was a valid excuse

whyulittle

Watch the news report of this.....

http://www.rte.ie/news/2011/0404/callelyi.html#video

hollypink

RTE website says he will get penalty points?

http://www.rte.ie/news/2011/0404/callelyi.html

But he was convicted at Dublin District Court after evidence from Garda Keith Daly that he was using a mobile phone while driving a blue Jaguar car on Ballybough Rd on 11 October.

Mr Callely will now receive four penalty points.

PCPhoto

penalty points are added by the dept of transport and not the gardai !!

godtabh

breaking news for got that point which is fairly important in this context!

mikedragon32

I don't think it's up to the judge to give the points.

Isn't it that if you pay the fixed penalty notice, you get two but if it goes to court and you lose, you get double?

He'll probably expense the fine, in the form of a €140 overnighter :pac:

vectra

LOL

Garda Daly said he performed a u-turn and pulled the senator over at Summerhill Parade.

Is that not an illegal maneuver?
How many points do you get for doing a U-Turn on a busy road? :pac:

Guy:Incognito

vectra wrote: »

LOL


Is that not an illegal maneuver?
How many points do you get for doing a U-Turn on a busy road? :pac:

None when your a Gard performing your duty. :P

vectra

Guy:Incognito wrote: »

None when your a Gard performing your duty. :P

So, One law for them and one law for us

Same thing as I sayy on a daily basis.. Gaurds driving patrol cars/Unmarked cars Holding phone to ear.. Big stupid grin on their face and busting thier h0les laugihng.. !! Dont tell me those phone calls are "performing their duty" :rolleyes:

vectra

vectra wrote: »

So, One law for them and one law for us

In fairness a Garda performing a U turn in this case is fine by me as he was going to fine a phone using motorist.

slimjimmc

vectra wrote: »

LOL


Is that not an illegal maneuver?
How many points do you get for doing a U-Turn on a busy road? :pac:

I believe performing a U-turn in not illegal for anyone if it's done in a safe and considerate manner and you don't cross a solid white line or contradict any traffic signs.

Tigger

The Garda are exempt as long as they are phoning re Garda business

Acually you are also exempt if you are phoning on Garda business. Ie if you are calling the Garda on someone who is on the phone while driving

slimjimmc

Tigger wrote: »

The Garda are exempt as long as they are phoning re Garda business

Acually you are also exempt if you are phoning on Garda business. Ie if you are calling the Garda on someone who is on the phone while driving

Only if you call them on the "prescribed numbers", whatever they are (presumably 121, 999, and trafficwatch).

Turner

God this is hilarious.

A thread about Ivor using his phone while driving and it turns into a Garda bashing thread!

I've seen it all now.

vectra

OSI wrote: »

Would you rather a Gard be required to stop for every red light, have to continue in the one direction until they can legally make a u-turn or have to obey speed lights while they are in the course of chasing those who choose ignore such laws?

You either make them exempt from them or you open yourself up to a whole can of worms.

Hold on..

Now that you mention it.. There was an incident here in this town last year when a "hotshot" traffic garda ran a red light thinking he was Dirty Harry or someone smashed into a citizens can and almost killed/seriously injured them both.. He then continued on and straight in the side door of a local bar where patrons stand to smoke a cigerrate.. Supposing 2 or 3 were standing there just then..
Funnily nobody ever heard of the outcome of this...

So you think they should be allowed run red lights??

slimjimmc

Chief--- wrote: »

God this is hilarious.

A thread about Ivor using his phone while driving and it turns into a Garda bashing thread!

I've seen it all now.

Aye, and using makey uppy traffic laws to do the bashing with. It's amazing all right.

As far as I'm aware the 4 points is automatic for a court conviction so he can't avoid them.

slimjimmc

vectra wrote: »

Hold on..

Now that you mention it.. There was an incident here in this town last year when a "hotshot" traffic garda ran a red light thinking he was Dirty Harry or someone smashed into a citizens can and almost killed/seriously injured them both.. He then continued on and straight in the side door of a local bar where patrons stand to smoke a cigerrate.. Supposing 2 or 3 were standing there just then..
Funnily nobody ever heard of the outcome of this...

So you think they should be allowed run red lights??

Yes, but unlike the example you just quoted they're supposed to do it with care, as is slow down, look and proceed if ok. Movie-style car chase driving is not acceptable. Same for fire brigade, ambulance, coast guard. Just because you didn't hear any more about that case doesn't mean it's been swept under the carpet.

-Corkie-

vectra wrote: »

Hold on..

Now that you mention it.. There was an incident here in this town last year when a "hotshot" traffic garda ran a red light thinking he was Dirty Harry or someone smashed into a citizens can and almost killed/seriously injured them both.. He then continued on and straight in the side door of a local bar where patrons stand to smoke a cigerrate.. Supposing 2 or 3 were standing there just then..
Funnily nobody ever heard of the outcome of this...

So you think they should be allowed run red lights??

Thats unreal. Same as the crash in Cork at the weekend between the two cop cars. A mate who is a EMT was told they were acting the fool..:eek: I know I shouldnt be saying that here but he dont carry silly stories..

Guy:Incognito

vectra wrote: »

So you think they should be allowed run red lights??

Of course they should.

If you rang them in an emergency would you be happy enough for them to take their time, sit in traffic and stop at all the lights?

-Corkie-

Guy:Incognito wrote: »

Of course they should.

If you rang them in an emergency would you be happy enough for them to take their time, sit in traffic and stop at all the lights?

My house was broken into last year and they came 4 hours later. They must have came through Bang cock with all the red lights..;)

El Guapo!

Of course they should be allowed break red lights as long as they do it as safely as possible. Thinking otherwise is ridiculous.
But I have seen a few Garda on the phone while driving, laughing and joking on the phone-clearly not important Garda business (anyway isn't that what their radio is for??)
I've also seen them smoking and flicking the butts out the window too and they prob turned the corner and done somebody else for the same thing.

Drummerboy08

Ah, FFS sake lads, most of ye are the very people who would be on here moaning and whinging about the Gardai not getting to your "emergency" call quick enough, saying they should be exempt from the ROTR blah blah blah.

Then, when Gardai actually do their job properly and drive to the letter of the law that they are bound by during the course of their duties, you're on here moaning too! Christ on a bike. None of ye know what is being said in these phonecalls, just because the Garda is smiling does not mean he isn't working!!!

Will ye ever cop onto yourselves.

OT, Only too delighted to see Callaly done. I'd say the copper couldnt believe his luck when he realised who it was he was pulling over.

El Guapo!

Drummerboy08 wrote: »

Ah, FFS sake lads, most of ye are the very people who would be on here moaning and whinging about the Gardai not getting to your "emergency" call quick enough, saying they should be exempt from the ROTR blah blah blah.

Then, when Gardai actually do their job properly and drive to the letter of the law that they are bound by during the course of their duties, you're on here moaning too! Christ on a bike. None of ye know what is being said in these phonecalls, just because the Garda is smiling does not mean he isn't working!!!

Will ye ever cop onto yourselves.

OT, Only too delighted to see Callaly done. I'd say the copper couldnt believe his luck when he realised who it was he was pulling over.

Yeah he may be working but its obviously not a call of paramount importance that he needs to be yapping while flying down the motorway. Pull over like the rest of us. And if it was some crazy police chase and his radio wasnt working and therefore HAD to use his mobile then he wouldnt be laughing and joking on the phone.

+1 on your final point, - delighted he got done!