Phone call about dangerous driving

elsparko

was driving the missus car last week and overtook someone who lost the plot with me. beating their horn and tailgating me. when i got to a set of lights the pulled up next to me holding the horn down so, stupidly, i gave them the finger.... turns out this morning herself gets a call from the station in the city from a garda in relation to the incident asking if she was driving etc as it was him in the car..... long story short, he told her he will be contacting her again tomorrow and would like to meet with the individual driving (me) to discuss the driving. something about the whole situation doesn't sit right with me now and I'm wondering if theres anything i should be careful of? yes i was in the wrong and will not be contesting it but i just have this strange feeling that something is amiss here... anyone have any advice?

SamAK

'Overtook someone'.....on a blind bend? At ridiculous speed? More clarity here would be good!

elsparko

sorry, overtook them on a dual carriageway at 100 kmh, they were doing 80, with the limit being 100 so i wasn't breaking the speed limit either.

elsparko

elsparko wrote: »

sorry, overtook them on a dual carriageway at 100 kmh, they were doing 80, with the limit being 100 so i wasn't breaking the speed limit either.

If you did nothing wrong what do you 'need to be careful of'? Go in, give your statement and be done with it. If your story is true then I'd expect the other driver to receive a few words.

oholly121

[Deleted User] wrote: »

If you did nothing wrong what do you 'need to be careful of'? Go in, give your statement and be done with it. If your story is true then I'd expect the other driver to receive a few words.

Garda was off duty just a few words here I'd expect

elsparko

foreign wrote: »

If you did nothing wrong what do you 'need to be careful of'? Go in, give your statement and be done with it. If your story is true then I'd expect the other driver to receive a few words.

no, its the garda who rang is the other driver. and he's fairly pissed off about getting the finger. like, he was off duty and i wasn't stopped or advised that i can or could be prosecuted but i just find it strange that he would chase it up a week later when he didn't do anything about it at the time, when we were both there.

Aint Eazy Being Cheezy

I wouldn't show up at all.

Something similar happened a guy I know. He was stuck behind a car driving very slowly on a bendy back road, no visibility to overtake. With his frustration building, he tailgated them, flashing his lights. Eventually they pulled in to let him pass.

He got a call a day or so later, recounting the situation, and inviting him down to the station to discuss it. The Garda who'd been driving met him, and he'd already typed a statement out.

Having read through it, he agreed it was accurate, but was fearful of what would happen next. "You're a young lad, you acted rashly, but you've showed up at the station to face up to what you've done. I'll send this to the super/sergeant and when he hears the facts, it might be a case of 'don't do that ever again' "

So, he signed the statement, apologized, and went on his way. Weeks after he was summonsed, and later convicted of dangerous driving. Doubtful if they'd have secured the conviction without the statement.

Lesson is: don't cooperate, say you can't remember and ask for proof. Don't do somebodies job for them.

AlekSmart

elsparko wrote: »

Was driving the missus car last week and overtook someone who lost the plot with me. Beating their horn and Tailgating me. when I got to a set of lights the pulled up next to me holding the horn down so, stupidly, I gave them the finger.... turns out this morning herself gets a call from the station in the city from a Garda in relation to the incident asking if she was driving etc as it was him in the car..... long story short, he told her he will be contacting her again tomorrow and would like to meet with the individual driving (me) to discuss the driving. something about the whole situation doesn't sit right with me now and I'm wondering if theres anything i should be careful of? yes I was in the wrong and will not be contesting it but I just have this strange feeling that something is amiss here... anyone have any advice?

There appear to be SO many issues raised in this post that one would need Legal Advice about even approaching a keyboard !!

Some which trouble me,revolve around the OP's initial overtake...could we have a little clarity on how it was undertaken (Ahem...:o),or why it should have provoked this gentleman to react in the rather dubious manner described.

Your description of this gent's actions subsequent to the overtake would appear to suggest that the other lad,IF he's a Garda at all,may well NOT have undertaken a Garda Driving Course.

I'm not a Garda,but I'm sure the Members who post here will update us on the procedures which an off-duty member is expected to follow in cases such as this ?

Before making any further suggestions,perhaps we could have the Short Story- Long ?

ebbsy

Duracell Bunny wrote: »

I wouldn't show up at all.

Something similar happened a guy I know. He was stuck behind a car driving very slowly on a bendy back road, no visibility to overtake. With his frustration building, he tailgated them, flashing his lights. Eventually they pulled in to let him pass.

He got a call a day or so later, recounting the situation, and inviting him down to the station to discuss it. The Garda who'd been driving met him, and he'd already typed a statement out.

Having read through it, he agreed it was accurate, but was fearful of what would happen next. "You're a young lad, you acted rashly, but you've showed up at the station to face up to what you've done. I'll send this to the super/sergeant and when he hears the facts, it might be a case of 'don't do that ever again' "

So, he signed the statement, apologized, and went on his way. Weeks after he was summonsed, and later convicted of dangerous driving. Doubtful if they'd have secured the conviction without the statement.

Lesson is: don't cooperate, say you can't remember and ask for proof. Don't do somebodies job for them.

+1

Never give a statement.

Aint Eazy Being Cheezy

ebbsy wrote: »

+1

Never give a statement.

That's not what I meant. In this circumstance, yes, it'd be wiser not to engage but a sweeping generation like you've just did isn't the point I hoped to make.

Sorry, didn't see the bit about the other driver being a Garda.

Don't go in. Ask if there is a complaint made and if not then say best of luck.

Dubwat

This sounds to me like a Garda abusing his position and trying to bully you.

You annoyed him somehow but he couldn't do anything about it whilst out of uniform. Once he got his uniform back on, he's looking for you to get his revenge in. If your driving behaviour was *that* bad on the day, he could have phoned it in and you'd have been pulled by some on-duty Gardai a few miles down the road.

Personally I'd get a solicitor on-board (first visit free?) and agree to meet the Garda with your solicitor present. Get your solicitor to mention that you have some concerns about 'his' behaviour on the day. It could end up costing you money if the Garda tries to run with it but, sadly, that's the type of country we live in at the moment.

This is a classic 'he-said, she-said' and normally nothing happens. But with an off-duty Garda looking for revenge, who knows where it could go?





P.S. I believe that, strictly speaking, Gardai never off-duty but can a off-duty Garda investigate an incident that he was involved in? Or would he be required to make a statement/complaint to another Garda and get him/her to investigate?

gctest50

For the future buy a ( good ! ) dash-cam for each car


few ideas :

http://www.boards.ie/vbulletin/showthread.php?p=88320506

http://www.boards.ie/vbulletin/showthread.php?p=76632556

As already said, don't meet. If there is a complaint then you will be contacted.

RainyDay

Dubwat wrote: »

P.S. I believe that, strictly speaking, Gardai never off-duty but can a off-duty Garda investigate an incident that he was involved in? Or would he be required to make a statement/complaint to another Garda and get him/her to investigate?

Good question, wouldn't there be a conflict of interest in the Garda investigating an issue involving himself?

Darsad

Sounds very intimidating , tell herself not to take anymore calls from this individual and if he manages to get her she should tell him that he should contact you directly. Then change her car ! nothing like a local gard with a grudge : )

to be fair an off duty Guard who witnesses a road traffic offence is well within his rights to commence proceedings against anyone.

its the same as them being on duty as they observed the driving. any citizen who observes bad driving can do the same.

to be honest though, this sounds like an over reaction on the Guards part.

did you do anything OP that would be considered dangerous?
i mean if you were both driving on a dual carraigeway then there should be no issue at all with you overtaking a car, if your in the right hand lane and the other car is in the left?

are you sure there was nothing that just annoyed him a bit? speeding or anything?

now, im not excusing his behaviour but to be honest the whole, giving someone else the finger, when your driving is a very bad idea.

its happened to me ( when driving a Garda car!!) and the excuse i got was 'i didnt know you were a Guard!' like its ok to do it to ordinary joe soap drivers!:eek:

id say if you didnt do anything dangerous when driving, perhaps appeal to his better nature, tell him you were having a bad day, row with the missus, got a bit hot under the collar, you are very sorry etc etc.
maybe he might have calmed down too.

mountai

"I have nothing to say" is all you say

allthedoyles

You were driving the missus' car ......were you insured to drive it .

And where did he get you phone number to give you a call ?

Aint Eazy Being Cheezy

allthedoyles wrote: »

You were driving the missus' car ......were you insured to drive it .

And where did he get you phone number to give you a call ?

What's that got to do with the price of turnips? Nobody's mentioned insurance except you.

jobeenfitz

bubblypop wrote: »

to be fair an off duty Guard who witnesses a road traffic offence is well within his rights to commence proceedings against anyone.

its the same as them being on duty as they observed the driving. any citizen who observes bad driving can do the same.

to be honest though, this sounds like an over reaction on the Guards part.

did you do anything OP that would be considered dangerous?
i mean if you were both driving on a dual carraigeway then there should be no issue at all with you overtaking a car, if your in the right hand lane and the other car is in the left?

are you sure there was nothing that just annoyed him a bit? speeding or anything?

now, im not excusing his behaviour but to be honest the whole, giving someone else the finger, when your driving is a very bad idea.

its happened to me ( when driving a Garda car!!) and the excuse i got was 'i didnt know you were a Guard!' like its ok to do it to ordinary joe soap drivers!:eek:

id say if you didnt do anything dangerous when driving, perhaps appeal to his better nature, tell him you were having a bad day, row with the missus, got a bit hot under the collar, you are very sorry etc etc.
maybe he might have calmed down too.

If he did nothing wrong why should he "appeal to his better nature". Why grovel? If he did nothing wrong when overtaking and yer man beeping like fcuk.

Some randommer in a car beeping at me for no reason might also get the finger.

If OP did nothing wrong he should be asking the Garda why was he beeping like mad for no reason.

Atlantic Dawn

Sounds like a serious data protection breach to me, how did the Garda get your telephone number from your registration plate, I'd contact the data protection commissioner and report it.

Dr Turk Turkelton

I'd go and meet him and find out who he is and then make a complaint to his Superintendant about his dangerous driving.

jobeenfitz

jobeenfitz wrote: »

If he did nothing wrong why should he "appeal to his better nature". Why grovel? If he did nothing wrong when overtaking and yer man beeping like fcuk.

Some randommer in a car beeping at me for no reason might also get the finger.

If OP did nothing wrong he should be asking the Garda why was he beeping like mad for no reason.

you took me up wrong, im saying IF there was a bit more to it than we have heard here, like IF MAYBE there was a little bit of speeding/ dangerous driving etc.

giving the finger to other motorists is never advisable and is surely a way to increase road rage.
maybe you should just ignore them........

Nino Brown

Atlantic Dawn wrote: »

Sounds like a serious data protection breach to me, how did the Garda get your telephone number from your registration plate, I'd contact the data protection commissioner and report it.

A name, an address and a phone book???? He'd be a pretty rubbish Garda if he couldn't figure that out.

Atlantic Dawn

Nino Brown wrote: »

A name, an address and a phone book???? He'd be a pretty rubbish Garda if he couldn't figure that out.

How would he get a name, how would he get an address from a number plate, clearly he used Garda resources to find out this information and without a valid reason this would be a data protection breach.

sillysmiles

bubblypop wrote: »

giving someone else the finger, when your driving is a very bad idea.

Why? If someone if being an ass (lights/tailgating/beeping etc) why is giving him the finger a bad idea?
Genuine question

Atlantic Dawn

Atlantic Dawn wrote: »

How would he get a name, how would he get an address from a number plate, clearly he used Garda resources to find out this information and without a valid reason this would be a data protection breach.

but he clearly had a valid reason, in his opinion he was investigating a road traffic offence.

Nino Brown

Atlantic Dawn wrote: »

How would he get a name, how would he get an address from a number plate, clearly he used Garda resources to find out this information and without a valid reason this would be a data protection breach.

He had a valid reason, he witnessed what he believed to dangerous or inconsiderate driving, or whatever his perceived problem was. I think its a stretch to say a Garda using Garda resources is a breach of data protection rules.

Atlantic Dawn

Nino Brown wrote: »

He had a valid reason, he witnessed what he believed to dangerous or inconsiderate driving, or whatever his perceived problem was. I think its a stretch to say a Garda using Garda resources is a breach of data protection rules.

As he was involved he should have another Garda investigate it.

Atlantic Dawn

Atlantic Dawn wrote: »

As he was involved he should have another Garda investigate it.

what if he was in a garda car? would he need another guard to investigate it?

no, there are genuine times when off duty members observe dangerous driving, are you suggesting that they shouldnt investigate?

in court there will be two witnesses, the observer of the driving and the offending driver.
if there is an independent guard prosecuting it really doesnt matter, it is two people giving evidence. one against another. without independent witnesses thats the way it is.

sillysmiles

TBH if all he is pissed off at is getting the finger he needs to get over himself.

If you genuinely did nothing wrong and he is just pissed off by you overtaking then there isn't anything to answer for really.

It could be that he thought you were speeding/driving dangerously because he didn't notice you or see you coming. Again that's his problem.

On the other hand you could have been driving like a lunatic and he is right and the roads would be better off without you, we have no way of knowing as we can only go on what you posted!

If it was me, I think I'd try have a chat with a solicitor

LionelNashe

elsparko wrote: »

was driving the missus car last week and overtook someone who lost the plot with me. beating their horn and tailgating me. when i got to a set of lights the pulled up next to me holding the horn down so, stupidly, i gave them the finger.... turns out this morning herself gets a call from the station in the city from a garda in relation to the incident asking if she was driving etc as it was him in the car...

How could he think she was driving? Did he not see you giving him the finger?

elsparko wrote: »

.. yes i was in the wrong and will not be contesting it but i just have this strange feeling that something is amiss here... anyone have any advice?

Why do you say you were in the wrong? It's not illegal to give somebody the finger, and you say your overtaking was safe.

I'd say ignore him completely. You're not required to present yourself at a cop station to be scolded by this guy. If he comes after you then file a complaint with the station - tailgating and beeping the horn is threatening behavior.

Turner

elsparko wrote: »

was driving the missus car last week and overtook someone who lost the plot with me. beating their horn and tailgating me. when i got to a set of lights the pulled up next to me holding the horn down so, stupidly, i gave them the finger.... turns out this morning herself gets a call from the station in the city from a garda in relation to the incident asking if she was driving etc as it was him in the car..... long story short, he told her he will be contacting her again tomorrow and would like to meet with the individual driving (me) to discuss the driving. something about the whole situation doesn't sit right with me now and I'm wondering if theres anything i should be careful of? yes i was in the wrong and will not be contesting it but i just have this strange feeling that something is amiss here... anyone have any advice?

As per boards rules, Legal advice is prohibited.

But for your info....
If the Garda is alleging a road traffic offence occurred the registered owner of the vehicle is obliged to inform the Gardai who was driving the car once an appropriate demand is made.

See Section 107 Road Traffic Act.

If you feel the Garda behaved inappropriately you should contact the Garda Siochana Ombudsman Commission for advice.

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