Garda told me I was be summonded for speeding no fixed points?!?

Uncertainofit

I was pulled over for speeding on the motorway today by a unmarked Garda. The detective told asked me how fast I was going and truthfully I said and taught about 140km/h. He said I was and I quote "between 160-170km/hr" which i hinestly found extremely hard to believe. He also said that i was flashing cars to get out of my way. I actually flashed him once but that was all and I wasnt undertaking or up cars holes or of anything like that.

I was asked to produce my insurance cert and in the fluster I was in I couldn't find it so he said to produce it at a Garda station of my choice (which I told him) and which I will.

But then he said that I will receive a summons for speeding under section... Of the traffic act. When I asked why I wouldn't get a fixed point penalty he said it was because he didn't have "a docket book" but he took my details down in a notebook (which s exactly what happend on the one occasion before that I was caught by a gun and then received two points which I took).

I'm worried firstly why I wont be afforded the opportunity to accept points and pay a fine outside of court and secondly if the Garda tris to chare me with something else like careless or dangerous driving (which I didn't mention at the time).

I'd add that the Garda was plain clothed and didn't produce identification or anything like tat but then again I didn't ask him too?

Also he didnt have a speed gun but I'm assuming the car has a camera in it.

Basically anyone know where I stand? I'm panicking about getting high points or worse an endorsement etc.

Just Jack

Uncertainofit wrote: »

I was pulled over for speeding on the motorway today by a unmarked Garda. The detective told asked me how fast I was going and truthfully I said and taught about 140km/h. He said I was and I quote "between 160-170km/hr" which i hinestly found extremely hard to believe. He also said that i was flashing cars to get out of my way. I actually flashed him once but that was all and I wasnt undertaking or up cars holes or of anything like that.

I was asked to produce my insurance cert and in the fluster I was in I couldn't find it so he said to produce it at a Garda station of my choice (which I told him) and which I will.

But then he said that I will receive a summons for speeding under section... Of the traffic act. When I asked why I wouldn't get a fixed point penalty he said it was because he didn't have "a docket book" but he took my details down in a notebook (which s exactly what happend on the one occasion before that I was caught by a gun and then received two points which I took).

I'm worried firstly why I wont be afforded the opportunity to accept points and pay a fine outside of court and secondly if the Garda tris to chare me with something else like careless or dangerous driving (which I didn't mention at the time).

I'd add that the Garda was plain clothed and didn't produce identification or anything like tat but then again I didn't ask him too?

Also he didnt have a speed gun but I'm assuming the car has a camera in it.

Basically anyone know where I stand? I'm panicking about getting high points or worse an endorsement etc.

With any luck you will receive a large fine and endorsement.maybe then you might consider becoming a slower,better, driver

coylemj

Since a case up in Mullingar a few years ago, the act of speeding in and of itself doesn't constitute dangerous driving, the Gardai need to show that the public was put in peril.

If he's not in uniform, the Garda doesn't have to produce id unless you ask him to.

seb65

Uncertainofit wrote: »

I was pulled over for speeding on the motorway today by a unmarked Garda. The detective told asked me how fast I was going and truthfully I said and taught about 140km/h. He said I was and I quote "between 160-170km/hr" which i hinestly found extremely hard to believe. He also said that i was flashing cars to get out of my way. I actually flashed him once but that was all and I wasnt undertaking or up cars holes or of anything like that.

I was asked to produce my insurance cert and in the fluster I was in I couldn't find it so he said to produce it at a Garda station of my choice (which I told him) and which I will.

But then he said that I will receive a summons for speeding under section... Of the traffic act. When I asked why I wouldn't get a fixed point penalty he said it was because he didn't have "a docket book" but he took my details down in a notebook (which s exactly what happend on the one occasion before that I was caught by a gun and then received two points which I took).

I'm worried firstly why I wont be afforded the opportunity to accept points and pay a fine outside of court and secondly if the Garda tris to chare me with something else like careless or dangerous driving (which I didn't mention at the time).

I'd add that the Garda was plain clothed and didn't produce identification or anything like tat but then again I didn't ask him too?

Also he didnt have a speed gun but I'm assuming the car has a camera in it.

Basically anyone know where I stand? I'm panicking about getting high points or worse an endorsement etc.

Justice here would be you having your license taken away for a few years. Do you realize you could have killed people? 140 (at least) and flashing your lights at people???? Are you for real? Who do you think you are? You must be AWFULLY important for you to think your time takes precedence over the the lives of others. If I was a judge and had the power, I'd throw in the Joy for a month as well to teach you not to be so reckless with the lives of others.

MaxyJazz

Wait for your summons and then get onto your solicitor ...

Procrastastudy

seb65 wrote: »

Justice here would be you having your license taken away for a few years. Do you realize you could have killed people? 140 (at least) and flashing your lights at people???? Are you for real? Who do you think you are? You must be AWFULLY important for you to think your time takes precedence over the the lives of others. If I was a judge and had the power, I'd throw in the Joy for a month as well to teach you not to be so reckless with the lives of others.

Dude - Now who's being dramatic!

He was on the motorway - 140 is pretty common even maybe a wee bit faster. A big fine a few points and an increase in his insurance would be enough to teach Mr Mansell a lesson here imo.

And yes you should have to going to court, good on the guard, you can explain to the judge why you were driving like a ..... Audi driver

jsd1004

GCDLawstudent wrote: »

Dude - Now who's being dramatic!

He was on the motorway - 140 is pretty common even maybe a wee bit faster. A big fine a few points and an increase in his insurance would be enough to teach Mr Mansell a lesson here imo.

And yes you should have to going to court, good on the guard, you can explain to the judge why you were driving like a ..... Audi driver

140 is indeed common and a lot of the time justified. But..not in traffic and approaching other cars at high speed and flashing cars when they are overtaking at or exceeding the speed limit is not on. We do not have autobahns. Drive to the conditions

Procrastastudy

jsd1004 wrote: »

140 is indeed common and a lot of the time justified. But..not in traffic and approaching other cars at high speed and flashing cars when they are overtaking at or exceeding the speed limit is not on. We do not have autobahns. Drive to the conditions

A month in the Joy though? Its never justifed imo I just point out we'd probably have to build another prison if we started locking people away for this... well another one on top of the two we already need.

jsd1004

GCDLawstudent wrote: »

A month in the Joy though? Its never justifed imo I just point out we'd probably have to build another prison if we started locking people away for this... well another one on top of the two we already need.

Who goes to jail for speeding..in this country you dont go to jail for killing someone when you are drunk

http://www.limerickleader.ie/news/local/eddie-halvey-receives-suspended-sentence-and-seven-year-driving-ban-1-2188737

pm1977x

"I actually flashed him once but that was all..."

Kind of sums up the problem with bad Irish drivers in one line

seb65

jsd1004 wrote: »

140 is indeed common and a lot of the time justified. But..not in traffic and approaching other cars at high speed and flashing cars when they are overtaking at or exceeding the speed limit is not on. We do not have autobahns. Drive to the conditions

A lot of the time justified? bahahahahahahahaha

nothing wrong with 140

nothing wrong with flashing overtaking lane hoggers either

seb65

GCDLawstudent wrote: »

Dude - Now who's being dramatic!

He was on the motorway - 140 is pretty common even maybe a wee bit faster. A big fine a few points and an increase in his insurance would be enough to teach Mr Mansell a lesson here imo.

And yes you should have to going to court, good on the guard, you can explain to the judge why you were driving like a ..... Audi driver

Driving like a maniac and then distracting someone else on the road by flashing at them - endangering the life of another person - much more serious than pulling a free pint in my opinion.

coylemj

bluewolf wrote: »

nothing wrong with 140

nothing wrong with flashing overtaking lane hoggers either

If they're cops driving at 120 there's plenty wrong unless you're driving an ambulance or fire brigade.

Procrastastudy

bluewolf wrote: »

nothing wrong with 140

nothing wrong with flashing overtaking lane hoggers either

Yes there is but a punishment has to be justified. Not happy with the speed limit - commission a study and get it changed.

seb65 wrote: »

Driving like a maniac and then distracting someone else on the road by flashing at them - endangering the life of another person - much more serious than pulling a free pint in my opinion.

But you know yourself that the punishment needs to proportional. How many people (including me) drive on a provisional? How many jump red lights at pedestrian crossings? How many do 100Kph down the Quays late at night... all much worse than doing 140is on the motorway imo. Gardai frequently turn a blind eye to people driving like nutters in the city centre where they are much more likely to have a collision with a pedestrian which is going to be a hell of a lot for serious.

coylemj

coylemj wrote: »

Unless they're cops driving at 120 in which case there's plenty wrong unless you're driving an ambulance or fire brigade.

oh, did the op actually flash a guard? i thought the "him" was just some random person
i see now it says unmarked guard
yeah that's a problem

jsd1004

GCDLawstudent wrote: »

Yes there is but a punishment has to be justified. Not happy with the speed limit - commission a study and get it changed.



But you know yourself that the punishment needs to proportional. How many people (including me) drive on a provisional? How many jump red lights at pedestrian crossings? How many do 100Kph down the Quays late at night... all much worse than doing 140is on the motorway imo. Gardai frequently turn a blind eye to people driving like nutters in the city centre where they are much more likely to have a collision with a pedestrian which is going to be a hell of a lot for serious.

Very true..i have no problem with someone driving at 160 km/h on motorway..when conditions permit..its only 40km ( over the limit..what bugs me is people driving at 160km/h in the rain, in traffic, at rush hour, with their fogs on (no fog), more than likely driving with parking lights and fogs (cause they look cool)..even at night. And in case any one accuses me of being a granny i own a supercar.

Procrastastudy

Dont get me started on people and they're bloody fog lights!

JimsAlterEgo

you are probably being done for dangerous driving rather than speeding, hence not fixed points.

retroactive

GCDLawstudent wrote: »

I just point out we'd probably have to build another prison if we started locking people away for this... well another one on top of the two we already need.

Quoted for truth.



Go to the station and speak to the Garda involved. Explain that you are quite sorry and how you wish to make amends.

If it goes to Court, GET LEGAL REPRESENTATION. Be ready to explain your financial circumstances and how you tried to make amends at the earliest convienence.

Dangerous driving and Careless driving are alternative verdicts. You can be charged with one and found guilty of the other. As one poster said - an element of the dangerous driving offence is that the public was in peril. Careless driving not so much. Each of the offences and their penalties can be found in the legislation by google, but be sure to get up-to-date as amended versions (I'm not looking it up because the Road Traffic Acts are a mess and really really need to be properly consolidated)

The usual penalty in these circumstances would be a fine and/or an endorsement. The sentence will be mitigated by your personal circumstances (have evidence). Be ready to explain the reasons for this transgression and your past transgressions. You wont end up 'in da joy'

Thats all I can say without really violating the charter

Just Jack

Just Jack wrote: »

With any luck you will receive a large fine and endorsement.maybe then you might consider becoming a slower,better, driver

Maybe I am being a little harsh. perhaps you were only doing about 140K as you claimed, and not the 160 to 170K per hour the guard is saying. I mean its not as if you were undertaking or up cars holes tailgating,and maybe you do have a full license, and valid Insurance. I mean who would be so silly as to drive as you did, without been fully documented. Perhaps a small fine and the endorsement would be enough. Might come down to, was limit 100Km/h or 120Km/h in any event I strongly recomend you see a solicitor.

Just Jack

GCDLawstudent wrote: »

Dont get me started on people and they're bloody fog lights!

I take it you mean inconsiderate people, who drive with rear fogs on, blinding following cars, and not really nice and good drivers like me who use side lights and front fogs for safety. The number of motorist who do not use lights of any description in bad weather conditions. Well, you don't want to get me, started on them.

Procrastastudy

I honestly think it has more to do with incompetence than anything else. I think making a ten year old Astra look cool is beyond even the most amazing of fog lights. My other pet hate is people who don't know how to use box junctions.

I should add this is all highly hypocritical of me as I haven't been arsed resiting the test I failed.

Hooch

coylemj wrote: »

Since a case up in Mullingar a few years ago, the act of speeding in and of itself doesn't constitute dangerous driving, the Gardai need to show that the public was put in peril.

If he's not in uniform, the Garda doesn't have to produce id unless you ask him to.

Link? District or circuit?

I know of several successful prosecutions for excessive speed on roads that lead to a Dangerous driving conviction, upheld in the circuit, based soley on excessive speed (granted in excess of 200kmph on a motorway)

FreudianSlippers

Did I have a stroke and this turned into After Hours? Cut out the nonsense holier than thou rubbish and maybe stick to LEGAL DISCUSSION rather than being judgemental busybodies.

OP, get a solicitor.


/thread.