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Is a guard meant to tell you that they are fining you?

  • 07-02-2013 9:12pm
    #1
    Registered Users, Registered Users 2 Posts: 6,597 ✭✭✭


    Got stopped coming home this evening for holding my mobile while driving. I had plugged it in to charge and the main screen lit up, so to the Guard it looked like i was using it. Anyway, he took my name and address and then said "off you go!" but didnt actually say whether he had fined me or not.

    So, curious as to whether ive to expect points/fine or not now. Do they have to tell you there and then?


Comments

  • Closed Accounts Posts: 473 ✭✭ThreeLineWhip


    Expect a fixed penalty in the post.


  • Closed Accounts Posts: 12,456 ✭✭✭✭Mr Benevolent


    Yup, fine and points.


  • Registered Users, Registered Users 2 Posts: 241 ✭✭ljpg


    right been right they should tell ya but for some reason they dont,seen it happening first hand to a workmate.


  • Registered Users, Registered Users 2 Posts: 29,088 ✭✭✭✭_Kaiser_


    And this story is yet again why actual EVIDENCE of wrong doing should be required to bring a prosecution. "I saw him do it" from a member of a force with questionable standards (to put it mildly) shouldn't be enough to affect people's records like this.

    My phone sits in a cradle beside the aircon controls at about knee level, is usually plugged in to charge, and often lit up as a result. Does that mean I'm using it too?


  • Registered Users, Registered Users 2 Posts: 20,590 ✭✭✭✭kneemos


    If your in the right appeal it.


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  • Registered Users, Registered Users 2 Posts: 3,180 ✭✭✭Interceptor


    The offence is not for using a phone, the offence is for holding it. Your nicked mate...

    'c


  • Closed Accounts Posts: 1,171 ✭✭✭triple-M


    yeah sometimes its just easiest to bite the bullet and pay up and try forget about it,I refused to pay a speeding ticket before when i was positive i wasnt speeding(dual carriageway car in overtaking lane was speeding I wasnt) which resulted in me being issued a bigger fine in court which i still refused to pay,car ended up getting impounded and is sitting in garda depot in santry at present and it will be staying there until it gets crushed


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Even if they do have to tell you the offense (Im not actually sure if they do or not) it would end up being their word against yours, Unless you have a reliable witness to back up your story, the court is going to believe a Garda over you every time.


  • Registered Users, Registered Users 2 Posts: 6,597 ✭✭✭anniehoo


    There was no banter with this Garda. I asked him to check my recent call/text list..but tbh he was in robot mode. I could barely hear him tbh as his voice was so muffled through his helmet. I had to ask him a few times what he was actually asking me because his voice was so muffled with his helmet.

    So pissed off. I was holding a mobile phone while driving (charging thats why the screen was lit up) that IS ALL. :mad:

    I shouldnt have been doing anything with the phone...i get it...but jesus christ....60 quid and 2 points!!!!!!!


  • Registered Users, Registered Users 2 Posts: 11,865 ✭✭✭✭MuppetCheck


    Why don't people ask the question? I thankfully only got done once, the guard was very open and honest. When I asked he told me the implications. Let's face it - the only thing that matters is the implications so just come out and ask them when you are stopped!

    Did he take license details at all?


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  • Registered Users, Registered Users 2 Posts: 1,126 ✭✭✭Reoil


    How did he see it? If you were holding it up to a viewable position, you would be looking at it. I don't understand why you were holding if it was just charging...


  • Registered Users, Registered Users 2 Posts: 69 ✭✭Briskit


    anniehoo wrote: »
    Got stopped coming home this evening for holding my mobile while driving. I had plugged it in to charge and the main screen lit up, so to the Guard it looked like i was using it. Anyway, he took my name and address and then said "off you go!" but didnt actually say whether he had fined me or not.

    So, curious as to whether ive to expect points/fine or not now. Do they have to tell you there and then?

    maybe, if he's a good guy.. he'll mull it over...
    sometimes, like a ref in football.. a momentary bad call can be made

    it takes good communications and strong individuals to man-up and redress a call that may have been made in haste and in error.

    how often on tv, eg., grand prix or football that you can interpret a quick situation in a way that you are sure of.. only to watch replay.. and say.. no way.. or wtf... it looked like a foul, but its a complete dive!!!


    triple-M wrote: »
    yeah sometimes its just easiest to bite the bullet and pay up and try forget about it,I refused to pay a speeding ticket before when i was positive i wasnt speeding(dual carriageway car in overtaking lane was speeding I wasnt) which resulted in me being issued a bigger fine in court which i still refused to pay,car ended up getting impounded and is sitting in garda depot in santry at present and it will be staying there until it gets crushed

    really bad luck mate... feel for you.... sometimes again, you get a bad rub of the green, and something on another day could be waved away, makes a mountain of a molehill.

    ... peoples' moods have a lot to do with it... hard to tell.. it would be nice sometimes to get a chance to see the individual enforcer in a different light after the incident, and to discuss both people's interpretation of the situation to each other.. if you's get me??



    anniehoo wrote: »
    There was no banter with this Garda. I asked him to check my recent call/text list..but tbh he was in robot mode. I could barely hear him tbh as his voice was so muffled through his helmet. I had to ask him a few times what he was actually asking me because his voice was so muffled with his helmet.

    So pissed off. I was holding a mobile phone while driving (charging thats why the screen was lit up) that IS ALL. :mad:

    I shouldnt have been doing anything with the phone...i get it...but jesus christ....60 quid and 2 points!!!!!!!

    I have to agree with your observation about someone talking with a helmet on... especially if u are pulled in on a busy road/street / intersection etc... so noise pollution, plus muffled helmet voice.. don't make for any sort of good communications.
    I think it also takes away the human element of the interaction.. which can lead to the automated robotics type conventions you mentioned.

    I think its hard to be a road user these days, and it's hard to be any kind of enforcer.

    the thing is... both sides should strive for fairness...

    so when you've been dealt with rightly.. say like.. u done for being a wee bit cheeky, on a whim or a good day... and you just take it on the chin... that's life

    but anther day.. youu could be happening a real shít one... and so might a biker fiveO.. and you just interact at an awkward moment that causes u to clash.. even though you both probably got bigger and better things to be doing.


    life's a funny slice of cake



    it's just cool if it's fair.



    If you get a fair chance to describe your side.. fairly.. and unembelished or elaborate (as it does be getting on retelling down at the pub later )

    and the enforcer also agrees to himself to consider thar s/he may have caught it wrong.

    No linesmen or action replays in life..

    ... less you on camera :)

    There was a time when you could only be issued with a ticket when ticketer had his cap on... so not sure about the validity of someone wearing a helmet...

    I believe you are due a chance to explain yourself in an environment like his/her station without the traffic and helmet.

    I sometimes think police/garda/cops etc., forget the affect their flashing lights and uniforms and formality have on members of the general public. Sometimes people act absolutely not themselves around checkpoints etc., even though they are honest law abiding citizens.

    I've seen honest mid-age clean living young gran types getting all fluttery, jittery and all up in a thistle as they've had some sherry fruit cake and they see the blues behind them - after about half a mile of being followed:D

    it took me 30years to be normal about police presence all around me.. but they're just busy and doing their thing.. there's serious stuff going out there and they too have more to do than shaking down honest hard working folks just trying to get the day to day covered and get by.
    We all in the same boat...

    if ur clean.. go say ur piece & see if you can make peace...

    if not...


    ... 'least u gave it a go...






    P.S.
    People can surprise you... I can be very unpleasant if you catch me at a bad time, or just time it wrong... and on most other occasion I'm nothing but laughs... whenever I have a work, relationshiop, or friendship moment.. I always mull it over... if I messed up, then I fess up and send out the appropriate mood to the people invovled.. it all evaporates and it's easy to move on.

    .. if it's not put out there.

    it festers...


    .. that stinks,

    no good for nobody

    ps anniehoo... hope your pets are doing well


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