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Driving without reasonable consideration question?

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Comments

  • Closed Accounts Posts: 1,923 ✭✭✭To Elland Back


    I take it you've all seen the OP's thread here

    http://www.boards.ie/vbulletin/showthread.php?t=2057377807


  • Registered Users, Registered Users 2 Posts: 10,892 ✭✭✭✭Spook_ie


    I take it you've all seen the OP's thread here

    http://www.boards.ie/vbulletin/showthread.php?t=2057377807

    Good luck on that with 6 points
    Daaryl wrote: »
    I've 6 penalty points on my current insurance and i got insured nobother at all, It was through cover in a click and they were cheap enough!
    http://www.boards.ie/vbulletin/showpost.php?p=94142964&postcount=2


    Mind you given the number of threads and yes I have insured/no I can't get insurance, I was pulled for speeding, I got a summons for xyz, I think the OP is some Walter Mitty type


  • Registered Users, Registered Users 2 Posts: 16,041 ✭✭✭✭CiniO


    endacl wrote: »
    And how did you think speeding offences were processed before they had speed guns?
    Before they had speed guns, there were no speed limits.
    No. They don't. You can argue it. Judge will agree with the guard
    It's actually interesting if there's any other country in the world, where police officer can just say by looking that someone was speeding and this is sufficient evidence in court, without a reading from calibrated speed measuring device.


  • Registered Users, Registered Users 2 Posts: 16,925 ✭✭✭✭challengemaster


    CiniO wrote: »
    Before they had speed guns, there were no speed limits.


    SwfNTmx.jpg


  • Registered Users, Registered Users 2 Posts: 7,783 ✭✭✭slimjimmc


    CiniO wrote: »
    Before they had speed guns, there were no speed limits.


    It's actually interesting if there's any other country in the world, where police officer can just say by looking that someone was speeding and this is sufficient evidence in court, without a reading from calibrated speed measuring device.
    The uncorroborated opinion of a single Garda can't be used as evidence of speeding but once it's corroborated it can. Corroboration can be provided by a device such as the speedometer of a Garda car or the opinion of another person.

    The UK has essentially the same law.
    http://www.pepipoo.com/Basics.htm
    Happens down under too https://netrider.net.au/threads/police-estimated-my-speed-no-radar.122200/
    Ohio http://www.cleveland.com/open/index.ssf/2010/06/police_officers_visual_estimat.html


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  • Registered Users, Registered Users 2 Posts: 16,041 ✭✭✭✭CiniO


    SwfNTmx.jpg

    Well I might be wrong, but speed limits outside built up areas (on national roads and motorways) were introduced around mid 60's to mid 70's in Europe.
    Before that probably speed limits applicable were in the cities and only in certain ones.


  • Registered Users, Registered Users 2 Posts: 16,041 ✭✭✭✭CiniO


    slimjimmc wrote: »
    The uncorroborated opinion of a single Garda can't be used as evidence of speeding but once it's corroborated it can. Corroboration can be provided by a device such as the speedometer of a Garda car or the opinion of another person.

    The UK has essentially the same law.
    http://www.pepipoo.com/Basics.htm
    Happens down under too https://netrider.net.au/threads/police-estimated-my-speed-no-radar.122200/
    Ohio http://www.cleveland.com/open/index.ssf/2010/06/police_officers_visual_estimat.html

    That's very interesting lecture, thanks for that.

    And I see one dependency - as it said in UK article, speeding is "absolute offence" which I understand that it means that you are either speeding or not speeding, same as you might be running through red light or green light.
    Something like material fact which can be witnessed by police.

    On the Continent, as far as I know most countries use graduated speeding fines, so there speeding is not an "absolute offence". Because speeding by 10km/h is completely different offence to speeding by 60km/h.
    Therefore in those countries only way to be prosecuted for speeding is to be measured with properly calibrated speed detection equipment.


  • Registered Users, Registered Users 2 Posts: 22,440 ✭✭✭✭endacl


    I take it you've all seen the OP's thread here

    http://www.boards.ie/vbulletin/showthread.php?t=2057377807

    Just have. And a few others. A couple more years growing up on the bus and bicycle may be just the thing...


  • Registered Users, Registered Users 2 Posts: 16,925 ✭✭✭✭challengemaster


    CiniO wrote: »
    Well I might be wrong, but speed limits outside built up areas (on national roads and motorways) were introduced around mid 60's to mid 70's in Europe.
    Before that probably speed limits applicable were in the cities and only in certain ones.

    Try 1901

    http://archive.wired.com/science/discoveries/news/2008/05/dayintech_0521


  • Registered Users, Registered Users 2 Posts: 16,041 ✭✭✭✭CiniO



    Well you managed to find first road speed limit ever ;)

    F.e. in UK:
    The 30 mph speed limit in built-up areas was introduced in 1930 in response to high casualty levels.[9] The 70 mph limit on previously unrestricted roads was introduced in 1965 following a number of serious motorway accidents in fog earlier the same year.
    http://en.wikipedia.org/wiki/Road_speed_limits_in_the_United_Kingdom

    Most likely on the Continent it took even longer to introduce speed limits outside built up areas and on motorways.
    Germans still didn't manage to introduce one on motorways, and god bless them for that ;)


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  • Registered Users, Registered Users 2 Posts: 9,599 ✭✭✭tossy


    I don't normally comment on these threads,especially when the 'must have last word' heros get involved but OP if you have 6 points and drive a 'souped up' car, that's how the Gardai will describe it to the judge and are Male and 20 then you will be lucky to get 4 points in court.

    You should have had a bit more cop on and took the 2 points offered initially.


  • Registered Users, Registered Users 2 Posts: 9,157 ✭✭✭keithclancy


    CiniO wrote: »
    Most likely on the Continent it took even longer to introduce speed limits outside built up areas and on motorways.
    Germans still didn't manage to introduce one on motorways, and god bless them for that ;)

    There are plenty of speed limits on German Motorway.


  • Registered Users, Registered Users 2 Posts: 2,704 ✭✭✭Cheensbo


    The Garda Fb & Twitter pages recently showcased an e36 being siezed for numerous defects including illegal tyres, no indicators fitted & no handbrake.. I'm sure "whoever owns that" has established themself as a large mobile target for the local fuzz. And repeated encounters with them & the odd appearance in front of the judge are to be expected unless the attitude to motoring is adjusted.

    Judge is gonna hop off Ye lad, I wouldn't like to see ye lose the licence, hope this can be an eye opener for ye.


  • Closed Accounts Posts: 1,487 ✭✭✭Pov06


    Cheensbo wrote: »
    The Garda Fb & Twitter pages recently showcased an e36 being siezed for numerous defects including illegal tyres, no indicators fitted & no handbrake.. I'm sure "whoever owns that" has established themself as a large mobile target for the local fuzz. And repeated encounters with them & the odd appearance in front of the judge are to be expected unless the attitude to motoring is adjusted.

    Judge is gonna hop off Ye lad, I wouldn't like to see ye lose the licence, hope this can be an eye opener for ye.

    There was a differential inspection showcasing a welded differential.


  • Registered Users, Registered Users 2 Posts: 2,704 ✭✭✭Cheensbo


    Pov06 wrote: »
    There was a differential inspection showcasing a welded differential.

    Nope that was a different motor, not belonging to the op ;)


  • Moderators, Technology & Internet Moderators, Regional South East Moderators, Paid Member Posts: 28,591 Mod ✭✭✭✭Cabaal


    Daaryl wrote: »
    Quick question is all.

    Back on the 20th of april of last year, I was behind my friend who was driving his car as we were heading back into town the gaurds were stopped at the roundabout so as we got back onto the road to go back into town my friend took off and i'd say he reached about 50-60mph along the 30mph speed limit, I accelerated a tiny bit to build my speed up, Now i wasn't speeding excessively it was just over 30mph speed limit, Nothing to serious i was going between 40-42mph, The gaurds didn't move off the roundabout for minute or two and then flew up behind me, Pulled both me and my friend in and the gaurd that was dealing with me said i was speeding but he didn't have a speed gun or a anpr in the vehicle they use i'm 99% they don't. I got the fine and didn't pay it as i felt as i done absolutely nothing wrong, Couldn't go fast because the car was low to the ground and the road wasn't the best along with speed ramps, and that's not a low cars best friend, And the water pump was knackered in the car causing it to over heat if you drove it fast! Did this happen to anybody else?

    sigh,
    you broke the law, you've just admitted it here. Pay up and move on


  • Posts: 8,756 ✭✭✭ [Deleted User]


    SteM wrote: »
    You don't need proof, you know you were speeding. Why ask for proof of something you know to be fact? Just to be awkward like?


    That's not the point to be fair. The burden of proof MUST be on the state otherwise you could get cops guessing that they were over the limit and never were.
    Now this lad was over and knows it but there has to be a procedure to ensure impartial judgements


  • Moderators, Business & Finance Moderators Posts: 18,014 Mod ✭✭✭✭Henry Ford III




  • Closed Accounts Posts: 17,730 ✭✭✭✭corktina


    but he wasn't booked for speeding was he! without reasonable consideration..it's in the title


  • Registered Users, Registered Users 2 Posts: 5,981 ✭✭✭Caliden


    #whyalwaysdaryl


    What did you friend do? Did he also get a fine?


    corktina wrote: »
    but he wasn't booked for speeding was he! without reasonable consideration..it's in the title

    Which is easier prove in court than speeding. Garda will say it was his opinion the defendant accelerated aggressively to a speed which he deems to be in excess of the posted limit thus driving inconsiderately.


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  • Registered Users, Registered Users 2 Posts: 4,026 ✭✭✭H3llR4iser


    Frankly, all the "Police should be/should not be able to do X and Y" discussion will never really reach anywhere.

    I do have a slightly different view points about this specific statements:
    Daaryl wrote: »
    ...Couldn't go fast because the car was low to the ground...And the water pump was knackered in the car causing it to over heat if you drove it fast!...

    I have two suggestions:

    1. If you are constantly stopped by the Gardai, just drive something less conspicuous. If you go around in something that looks like the springs were taken out of it altogether, can't really complain they stop you all the time:D;

    2. Save a bit on the mods and spend it on maintenance;


  • Registered Users, Registered Users 2, Paid Member Posts: 8,954 ✭✭✭cml387




  • Registered Users, Registered Users 2 Posts: 23,140 ✭✭✭✭TheDoc


    And I wonder why at 26 my premium has been rising year on year with no claims or incident ......


  • Registered Users, Registered Users 2 Posts: 7,451 ✭✭✭SteM


    That's not the point to be fair. The burden of proof MUST be on the state otherwise you could get cops guessing that they were over the limit and never were.
    Now this lad was over and knows it but there has to be a procedure to ensure impartial judgements

    The proof that the guards need has been outlined already in this thread. Up to you whether you think it's enough or not.


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