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Penalty points appeal?

  • 06-08-2014 9:15pm
    #1
    Registered Users, Registered Users 2 Posts: 1


    Looking for some opinions on whether I should risk appealing a fixed charge notice for "driving without due consideration" which carries 2 penalty points.

    On approach to a roundabout I was in the left lane. Realised I was in the wrong lane for destination which required me to take the third exit. I indicated (while observing to my right) and made my way to third exit, indicated left and exited.

    There was a car to my right (right lane) at entrance to roundabout and we both entered at same time. After I passed 2nd exit, I saw this car turn on blue flashing lights of unmarked patrol car and proceeded to third exit and pulled me in. Lecture on indicator being only indication of action etc and told me he was going to do me for "driving without...." he showed me on their dash camera exactly what I described above. Said reason he was doing me was that he had to slow down (as was due to take 2nd exit) and that amounted to "evasive action".

    Understand failure to turn left on roundabout is now (since 1st aug) new penalty point offence carrying a one point penalty. This "offence" was committed before this date.

    I realise I was in the wrong lane but believe my actions did not warrant this charge.

    Interested in some opinions.

    Thanks


Comments

  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    Do I understand it right?
    You entered roundabout to outer lane (which lets you go left or straight ahead), and then on the roundabout you changed lane to inner lane forcing garda car to take evasive action, and exited roundabout on 3rd exit.
    And you are asking if you should appeal this in court?

    If my understanding is right - then do appeal it in court.
    You will get 2 points for your offence + extra 2 points for thinking you didn't deserve the first two ;)


  • Registered Users, Registered Users 2 Posts: 16,930 ✭✭✭✭challengemaster


    You blocked another vehicle (which happened to be a garda vehicle) from taking their intended exit on a roundabout because you were in the wrong lane. That is most definitely driving without due care and consideration (for other road users).


  • Closed Accounts Posts: 3,267 ✭✭✭visual


    Yes appeal it. Plenty points are for other stupid people who beep horns for no reason

    not a careful driver like yourself


  • Registered Users, Registered Users 2 Posts: 24,644 ✭✭✭✭punisher5112


    You say op they have cctv(dash cam) footage so really wouldn't be worth your while appealing.

    It is a pity this isn't enforced more often as it is dangerous and way too many at it.

    OP in future if you notice your in the wrong lane take the correct exit you are lined up for and go turn around somewhere safe and come back to roundabout.

    I have been hit a few times on roundabouts due to inconsiderate drivers driving so badly they don't even see others on the road.


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


    I thought hell would have frozen over long before I ever heard of a Garda pulling someone over for using a roundabout incorrectly...


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  • Registered Users, Registered Users 2 Posts: 9,594 ✭✭✭tossy


    Good to see someone get done for this, take your medicine OP.


  • Registered Users, Registered Users 2 Posts: 656 ✭✭✭christy02


    Op did you really expect to come onto the motoring forum and get sympathy?

    Fwiw I think if you feel you are justified then aappeal it. However be prepared for more severe penalty if you lose. Doubt too many appeal succesfully and you were in the wrong.

    High horse brigade out in force tonight by looks of it.


  • Registered Users, Registered Users 2 Posts: 22,412 ✭✭✭✭endacl


    There's dash cam evidence of you doing what you were accused of? And you're considering an appeal? Seriously?


  • Registered Users, Registered Users 2 Posts: 3,472 ✭✭✭vandriver


    I live next to the Walkinstown roundabout.Could you get that Garda to spend half a day here?


  • Registered Users, Registered Users 2 Posts: 8,004 ✭✭✭ironclaw


    What roundabout was this OP? I'm assuming two on, two off, as the Garda car was to your right?

    Either way, what is everyone's big deal about not just taking an exit and doing a legal turn around somewhere there? I see it every day on roundabouts and motorway exits, make a mistake then just take the exit (Or the next one) I don't think there is anywhere in Ireland where a turn around would cost you more than 10 mins (With perhaps the exception of the motorway section between Athlone / Galway)


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  • Registered Users, Registered Users 2 Posts: 18,586 ✭✭✭✭bucketybuck


    christy02 wrote: »
    Op did you really expect to come onto the motoring forum and get sympathy?

    Fwiw I think if you feel you are justified then aappeal it. However be prepared for more severe penalty if you lose. Doubt too many appeal succesfully and you were in the wrong.

    High horse brigade out in force tonight by looks of it.

    Brilliant! I'd almost guess it was a parody!

    The OP's description clearly shows he was at fault, the garda has and showed footage proving he was at fault, and yet people responding with simple answers are still the high horse brigade! :pac:


  • Registered Users, Registered Users 2 Posts: 16,686 ✭✭✭✭Zubeneschamali


    Realised I was in the wrong lane for destination which required me to take the third exit.

    This depends on the roundabout and its markings. Post a Google maps link to the roundabout.

    If the third exit is to the right of straight-ahead and there were no road markings saying you could use the left lane, then you were in the wrong and no point appealing.


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