Guard Summons

TheManDude · 13-05-2011 8:52am #1

Hi

Just looking for bit of advice.

Was recently stopped by the guards for going through a red light. I maintain it was an amber light. However when i went through it a vehicle flashed its lights at me. I put my hand up to apologize and it turned out it was a Garda vehicle.

They put on their sirens and I pulled over and they started banging on the windows and calling me a "f*ckin idiot and a b*llix" for sticking my fingers up at them. I told them i put my hand up to apologize and they wouldnt believe me. It was late at night so im surprised they even saw me.

They never gave me their names etc (although I didn't ask) and were constantly cursing at me and my 2 passangers for about 10 minutes. They took my details and said I would get a fine for the red light offense and a summons for abusive and threatening behavior.

Can anyone give me advice on this? Would the Guard vehicles have video cameras on board to show if I had put up my fingers? What is likely to happen to me? Would a complaint about their behavior be pointless?

Thanks

brendanL · 13-05-2011 9:02am

Everyone of them wears a unique badge. That's their ID, if you get stopped by a guard... you should always note down his ID.

My dad got stopped for an obstruction offence, and when he was taking the guards ID down, the guy said "wtf do you think your doing????" ... so I think sometimes they get a little caught up in themselves ;D

Is giving someone the middle finger an offence punishable by law? I don't think so... but feel free to correct me on that one. It probably just didn't help things XD

If you want their names, when you turn up to court... the guard should be there. Chances are he won't be... 50% of the time they don't turn up.

I'm going to assume a complaint about their behaviour would be pointless.. other then mentioning that they cursed at you a number of times. That's definitely bang out of order. Just repeat what you said here and cross your fingers ;D

source · 13-05-2011 9:08am

brendanL wrote: »

Is giving someone the middle finger an offence punishable by law? I don't think so... but feel free to correct me on that one. It probably just didn't help things XD

Yes it is, Section 6 Criminal Justice (Public Order) Act 1994, (threatening, abusive or insulting words or behaviour).

TheManDude · 13-05-2011 9:09am

Cheers mate thanks for that. Do you know if they would have cameras in their vehicles to prove i stuck up my finger? Because otherwise its one word against the other surely? Like fair enough about the red light although I still say it was amber but all I did was wave to say sorry. Very annoying......

brendanL wrote: »

Everyone of them wears a unique badge. That's their ID, if you get stopped by a guard... you should always note down his ID.

My dad got stopped for an obstruction offence, and when he was taking the guards ID down, the guy said "wtf do you think your doing????" ... so I think sometimes they get a little caught up in themselves ;D

Is giving someone the middle finger an offence punishable by law? I don't think so... but feel free to correct me on that one. It probably just didn't help things XD

If you want their names, when you turn up to court... the guard should be there. Chances are he won't be... 50% of the time they don't turn up.

I'm going to assume a complaint about their behaviour would be pointless.. other then mentioning that they cursed at you a number of times. That's definitely bang out of order. Just repeat what you said here and cross your fingers ;D

Mr. Presentable · 13-05-2011 9:19am

You know you're supposed to stop for an amber, right? From their point of view it may have seemed as though you gave them the finger - why would you be apologising for running an amber?

To be verbally abused by a Garda on duty is pretty serious and should be reported to their Super.

TheManDude · 13-05-2011 9:24am

Whenever someone flashes their lights I would generally just put up my hand anyway. Fair enough about the amber light I can accept that but what proof have they gt about me giving them the finger? What kind of fine am I looking at? Will I have a criminal record then?

Thanks for help

Mr. Presentable wrote: »

You know you're supposed to stop for an amber, right? From their point of view it may have seemed as though you gave them the finger - why would you be apologising for running an amber?

To be verbally abused by a Garda on duty is pretty serious and should be reported to their Super.

MagicSean · 13-05-2011 9:24am

Most likely you'll just get a fine for breaking the light. You're supposed to stop at both amber and red.

EDIT: €80 fine and 2 points.

TheManDude · 13-05-2011 9:32am

Seanbeag1 wrote: »

Most likely you'll just get a fine for breaking the light. You're supposed to stop at both amber and red.

EDIT: €80 fine and 2 points.

Cheers mate. ANyone know do the guards have onboard CCTV so I can prove I didnt stick up finger?

source · 13-05-2011 9:34am

TheManDude wrote: »

Cheers mate. ANyone know do the guards have onboard CCTV so I can prove I didnt stick up finger?

Nope, some traffic cars have ANPR cameras but AFAIK these don't record they're just so the computer can read registration plates.

MagicSean · 13-05-2011 9:37am

TheManDude wrote: »

Cheers mate. ANyone know do the guards have onboard CCTV so I can prove I didnt stick up finger?

I doubt you'll hear anything more about that unless you decide to go to court over the fine. I can't imagine any Garda going ahead with the public order offence.

TheManDude · 13-05-2011 9:37am

foinse wrote: »

Nope, some traffic cars have ANPR cameras but AFAIK these don't record they're just so the computer can read registration plates.

Thanks mate. A pity though because now it is just the 2 guards word against mine and my passangers and chances are they will believe them over us as they are guards. very annoying!!

TheManDude · 13-05-2011 9:40am

Seanbeag1 wrote: »

I doubt you'll hear anything more about that unless you decide to go to court over the fine. I can't imagine any Garda going ahead with the public order offence.

Cheers. Ah no I wouldnt fight the red light fine because as the other person said I still should have stopped at amber although technically i would blocked a junction. Do you reckon me putting a complaint in against in them is more likely for them to push ahead with the public order offense. Just pisses me off that they can shout all that abuse at me and can me every curse possible and I have to sit there and take it and then be told i was the threatening and abusive one!

Zambia · 13-05-2011 9:45am

In life in most cases I believe for every action there is an equal but opposite reaction. It is this reason OP I believe you did give the Gardai the finger. Or at the very least their is a whole untold side to this story.

Best of luck with the fine for what's its worth I don't think the Garda will proceed with any court action.

TheManDude · 13-05-2011 9:47am

Zambia wrote: »

In life in most cases I believe for every action there is an equal but opposite reaction. It is this reason OP I believe you did give the Gardai the finger. Or at the very least their is a whole untold side to this story.

Best of luck with the fine for what's its worth I don't think the Garda will proceed with any court action.

CHeers. I honastly didnt give the finger but I understand that not everyone is going to believe me and that is similar to how a judge would look at it. Based on their reaction after it I would say something else had pissed them off and they took it out on me.

MagicSean · 13-05-2011 9:52am

TheManDude wrote: »

CHeers. I honastly didnt give the finger but I understand that not everyone is going to believe me and that is similar to how a judge would look at it. Based on their reaction after it I would say something else had pissed them off and they took it out on me.

To be fair, I would be just as pissed off with someone waving at me after going through a light. Hand gestures should always be avoided in the car because they can always be misunderstood.

Zambia · 13-05-2011 9:52am

You could try the old defence of they are garda, the finger should not offend them they should be used to it.

The_Snapper · 13-05-2011 11:49am

TheManDude wrote: »

they started banging on the windows and calling me a "f*ckin idiot and a b*llix" for sticking my fingers up at them.

and were constantly cursing at me and my 2 passangers for about 10 minutes.

Would a complaint about their behavior be pointless?

OP,

No. Lodge a complaint to their Chief Superintendent and or the Garda Ombudsman. You have witnesses, use them.

Did you or your passengers, at the time, feel alarmed, distressed, harassed or intimidated by their actions?

If your post is as accurate as you say it is then you were dealt with unprofessionally and in a discourteous manner.

You asked for advice, this is my opinion.

Guard Summons

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