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court summons :(

  • 03-02-2012 7:25pm
    #1
    Registered Users, Registered Users 2 Posts: 41


    came home to collage today to where my mother greeted me with a summons for court in April, i was what the hell is this for? as i read it it turned out for not displaying my number plate (which was pulled off a few days before that by my god daughter by accident!!) when i saw where i was stopped on the summons i remembered the gaurd that stopped me and he was full blown ass!!!
    i was dropping my mother to her sisters and was parked up letting her our when he pulls up beside me on his bike saying i was "racing up and down the road" which i dont do and furthermore would hardly be at it with my mother in the car.then he asked me for my license which i handed over and checked the window which was full.the hole time he was being sarcastic to me and i was trying to hold it all back.he asks "why wasn't up my number plate up"(was on the dash)and i explained why it came off(numberplate tape still on the bumper and could see where it freshly came off) and he goes "the only reason that it aint there is so you can speed up and down road without getting caught" which at this stage i was starting to see red but i kept myself calm, then he started to check all my tires which were all perfect.anyway after all that i asked did he want me to drop the car to my local station to hand in my insurance cert and the reattached numberplate (used to being asked to do this so thought he would too) to where he said no its grand il take your word for it and heard no more bout till i got the summons and on the summons it say the applicaion to issue the summon was made the day after i was stopped.

    this has really peed me off im prob going to get i nice fine and miss a days work and collage over this.i also fixed the number plate the day after being stopped but the thing that annoys me must was his attitude and he was out to get me for something but let me go on my way making out as if nothing was to happen


Comments

  • Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    some Gards hate young drivers
    some Gards think all Civic drivers are Boy Racers
    Some Boy Racers habitually have their front plate illegally up on the dash



    Shi t happens, I feel for you, not a lot you can do about it:(


  • Registered Users, Registered Users 2 Posts: 3,680 ✭✭✭mondeo


    You can argue your case to the judge of course and see how you get on. Hardly crime of the century. Your mum could be a witness I suppose to back up your claim. I wouldnt loose sleep over somthing like that.


  • Registered Users, Registered Users 2 Posts: 3,533 ✭✭✭Daniel S


    I suppose there's a first time for everything.


    I can sympathise with a Civic driver... :)


    Wouldn't worry about it if I were you.


  • Registered Users, Registered Users 2 Posts: 41 civicowner


    ah im not worried bout it that much it just more annoyed then anything.

    just outta curiosity i thought the gaurd told you if he summoning you to court??


  • Closed Accounts Posts: 10,272 ✭✭✭✭Max Power1


    corktina wrote: »
    some Gards hate young drivers
    some Gards think all Civic drivers are Boy Racers
    Some Boy Racers habitually have their front plate illegally up on the dash



    Shi t happens, I feel for you, not a lot you can do about it:(

    Number plate must be

    -affixed to vehicle
    -displayed & visible to the front

    Theres nothing in statute that says you cant have the numberplate on the dash. (APart from it must be "permanently affixed" - so a bit of superglue and bobs your uncle)


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  • Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    thats your interpretation of the law...if the Gard has a a different interpretation, who do you think the Judge will side with?


  • Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    corktina wrote: »
    thats your interpretation of the law...if the Gard has a a different interpretation, who do you think the Judge will side with?
    The law shouldn't be open for interpretation.


  • Registered Users, Registered Users 2 Posts: 113 ✭✭floatwinner


    civicowner wrote: »
    i remembered the gaurd that stopped me and he was full blown ass!!!

    Doesn't sound too healthy, he mightn't turn up in court:pac:


  • Registered Users, Registered Users 2 Posts: 10,632 ✭✭✭✭Marcusm


    The law shouldn't be open for interpretation.

    If nobody interprets it, how do we know what it means?


  • Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    you can't legislate for every eventuality.
    In this case you would have to define exactly where on the car the plate is positioned (on bumper...under bumper etc) and how its attaches...screws, rivets, sticky tape,drawing pins. etc)

    If the Gard says its not properly visible on the dash (and due to the angle it almost certainly isnt) then the Judge will take his word for it. If the Gard thinks supergluing it to the dash wont do , ditto ditto ditto


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  • Posts: 0 [Deleted User]


    corktina wrote: »
    you can't legislate for every eventuality.
    In this case you would have to define exactly where on the car the plate is positioned (on bumper...under bumper etc) and how its attaches...screws, rivets, sticky tape,drawing pins. etc)

    If the Gard says its not properly visible on the dash (and due to the angle it almost certainly isnt) then the Judge will take his word for it. If the Gard thinks supergluing it to the dash wont do , ditto ditto ditto

    Not fair but this is what happens ...


  • Closed Accounts Posts: 10,272 ✭✭✭✭Max Power1


    corktina wrote: »
    thats your interpretation of the law...if the Gard has a a different interpretation, who do you think the Judge will side with?

    Was that directed at me?
    If so, Its not an interpretation, its directly transposed from the SI.


  • Registered Users, Registered Users 2 Posts: 4,384 ✭✭✭pred racer


    In my experience, if you go to court and explain what happened to the number plate (the other stuff is not relevent), and that the plate is now fixed (stick a couple of screws in it so it cant happen again) you will get let off.

    Most judges are reasonable people (again from extensive experience...dont ask:( ) and a reasonable excuse from a reasonable person who looks like they made an attempt to respect the court, on an issue such as this will normally get thrown out. In fact ive seen a few guards getting a few stern words from judges about wasting their time.

    That is providing your story is true and you are not 'known' to your local plod as an idiot on the road.(not saying you are btw)


  • Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    "Was that directed at me?
    If so, Its not an interpretation, its directly transposed from the SI. "


    i know, but you are interpreting that as "its OK on the dash top" whereas a Gard may interpret it differently.
    It's almost certainly not going to be properley visible on the dash top.


  • Closed Accounts Posts: 10,272 ✭✭✭✭Max Power1


    corktina wrote: »
    "Was that directed at me?
    If so, Its not an interpretation, its directly transposed from the SI. "


    i know, but you are interpreting that as "its OK on the dash top" whereas a Gard may interpret it differently.
    It's almost certainly not going to be properley visible on the dash top.

    Doesnt matter what a Garda interprets the law as. AGS are there to apply the existing statutes, not to interpret them.

    A number plate affixed permanently to a dashboard that is visible towards the front of the car meets all the criteria of the statute. Regardless of what any Garda says.


  • Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    thats all very well, but if the Gard stands up in court and says "the front number plate was on the dash and couldnt be seen properley" what then?

    The point is a numberplate on the dash cannot be seen properly in most instances due to the angle of the dash and screen...it will be lying down almost. THATS what the Gard will be saying and he is just as correct as you are saying THIS is what the Law says.

    It's all very well quoting chapter and verse on the 'net, it's another matter altogether in a Courtroom.


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