Received a cautioning from Gardai, what does this mean?

paramecium

Lads,

Being stopped by Gardai today allegedly because I was holding a mobile phone while driving.
What I was actually holding was a half eaten chocolate bar.
He claimed that's not what he saw, and asked for my driving license. Went back to his car and returned a moment later, still insisting he had seen me holding a mobile phone. He even asked to see the phone which had been in my pocket all along.
He then started to argue that it couldn't have been the chocolate bar because it was a different color.
Anyway, he said he's just giving me a caution (his words), provided I don't lie to him anymore !!!
He also added that I should be careful because I could get penalty points even if I'm just holding the phone (as if I didn't know that).
Needless to say, I did not admit to this spurious accusation either verbally or in writing, and we both went our ways.
My question is, does this travesty of the law which I just described amounts to an official cautioning/warning?
Should I expect any citation, summons, or criminal record entry and if yes, how can I contest this?

Cheers,

Alan

Ludo

Nah... He realized his mistake but didn't want to admit it so gave a verbal warning which means nothing.

CJ Haughey

I thought you were off chocolate for lent?

kub

CJ Haughey wrote: »

I thought you were off chocolate for lent?

A God squad Garda so in that case.

paramecium

kub wrote: »

A God squad Garda so in that case.

LMFAO, God's punishment that is!

bazz26

You got lucky I'd say.

joe912

bazz26 wrote: »

You got lucky I'd say.

what was lucky about being stopped by a stupid garda who cant tell the difference between a bar of chocolate and a mobile phone and is then too arrogant to admit their mistake.

N'yardi rulebook :- 101 a n'yard must never admit to being in the wrong and must never let a member of the public think that it was in the wrong.

challengemaster

joe912 wrote: »

what was lucky about being stopped by a stupid garda who cant tell the difference between a bar of chocolate and a mobile phone and is then too arrogant to admit their mistake.

Doesn't matter if he was wrong or not, he doesn't have to be right to fine you because somehow there's no burden of proof...

biko

Yeah, it's just a verbal warning nothing more.

goz83

My friend didn't get so "lucky" when a gard fined him for holding a cigarette box. Insisting my friend was talking on the phone while driving, yet refusing to look at the call history, which would have proven he wrong.

Friend went to court. Ended up with a bigger fine and 5 points. Lady law is not blind, she is just stupid and arrogant.

slimjimmc

goz83 wrote: »

My friend didn't get so "lucky" when a gard fined him for holding a cigarette box. Insisting my friend was talking on the phone while driving, yet refusing to look at the call history, which would have proven he wrong.

Friend went to court. Ended up with a bigger fine and 5 points. Lady law is not blind, she is just stupid and arrogant.

Wouldn't have proved he wasn't holding the phone though which is the actual offence.

roverrules

slimjimmc wrote: »

Wouldn't have proved he wasn't holding the phone though which is the actual offence.

+1

gctest50

roverrules wrote: »

+1

-1

Jb1989

+2

WeHaveToGoBack

➗ 3

beauf

And so starts the trend of dash cams pointing at the driver. Unless you leave your phone in the boot how can you prove your not holding a phone.

Cee-Jay-Cee

Why were you holding the chocolate to your ear???

Anyway a caution means absolutely nothing...it's like your mammy scolding you when you were young and telling you not to do that again.

Spook_ie

Just be glad you weren't in Cypress it's illegal for the chocolate there

http://www.telegraph.co.uk/news/uknews/road-and-rail-transport/11401793/Eight-unusual-European-driving-laws.html

Cyprus - Eating or drinking while driving is illegal.

Actually I think people have been done in the UK for eating behind the wheel

http://www.findlaw.co.uk/law/motoring/other_motoring_topics/500443.html

Will I be arrested for drinking, eating or smoking whilst driving?

It is not a criminal offence in itself to drink, smoke or eat whilst driving a vehicle however there is a potential punishment of failing to drive with due care and attention. It is therefore a matter of how the individual activity affects your ability to drive reasonably and safely on the roads.

A common example is when a person lights a cigarette. It can be very difficult to drive with due care and attention since part of that person’s attention will be concerned with using a lighter.

The Highway Code states that motorists must “avoid distractions when driving such as loud music, trying to read maps, inserting a cassette or CD or tuning a radio, eating and drinking and smoking”.

goz83

slimjimmc wrote: »

Wouldn't have proved he wasn't holding the phone though which is the actual offence.

While I agree that holding the phone is the offense, it was the insistence that being asserted on the "talking" on the phone that annoyed my friend the most. If the Gard was so sure that my friend was "talking" on, as opposed to simply "holding" the phone (an offense, we know), he could have been proven wrong by checking the call history, taking less time than to write his ticket and then maybe, just maybe do the decent thing and admit that he may not have seen what he thought.

There are enough people to be seen talking on phones without pulling thise holding cigarette packs and chocolate bars! Every other car wouldn't be an exaggeration most days.

beauf

You're kinda missing the point.

Garda won't want to lose face.

There's no way of "proving" you weren't holding a phone. Unless you don't have one. or its in the boot.

roverrules

beauf wrote: »

You're kinda missing the point.

Garda won't want to lose face.

There's no way of "proving" you weren't holding a phone. Unless you don't have one. or its in the boot.

What if it's in a holder?

airuser

One could have be charged with, not having proper control of a motor vehicle.

beauf

roverrules wrote: »

What if it's in a holder?

you could have just put it into it.

Or thrown it in the glove box, bag, pocket, rear seat etc.

fletch

Similar thing happened me and the OH years ago....we both forgot our phones and turned around to go back and get them...Q being pulled over and my OH being accused of using the phone while driving
After an offer of them to search the car, we were soon told to be on our way However the Garda never told us whether he was or wasn't doing my OH for the offence...so we drove straight to the local station and asked to speak to the superintendent and to make a formal complaint against the Garda. The super rang the Garda and gave him a bollocking down the phone and we never heard another thing about it

Skatedude

upgrade your phone from kitkat to lolipop?

soc

Maybe he thought you were using a candybar (phone)... ;-)

mloc123

Wasn't there a thread here a while back about the same thing and the OP was going to court to dispute it? Did that ever pan out?

TheDoc

In fairness it's not as outlandish as it seems. A friend of mine got done for dangerous/wreckless driving, for opening a bottle of 7up on the road. Guard spotted him and he got done. similar to the above he went to court to contest and ended up with a heavier fine.

I guess that stuff is totally down to the officer in question and their mood, as there is grounds to pretty much do thousands of morning commuters who drink coffee while driving, light a smoke, do their makeup(that is something I do wish would be tackled) etc.

Pretty ridiculous in fairness though if it was a bar of chocolate.

In terms of your question, it means nothing other then you got a telling off. I've only being stopped once and it was a Guard pulled up beside me on a bike and claimed I was speeding. Told him I didn't think I was as the limit is 60kmph and I was doing around 50. He called me an eejit and asked where did I learn that a build up area was a 60 limit, to which I responded the sign 200 yards back up the street.

In fairness he apologised and I told him he was grand, never looked like he was going to write me up.

Does annoy me when I hear what some people I know have been fined or got points for, sometimes it appears they twist interpretations just to suit.

soc

I actually saw someone today driving down the road with an actual MUG in their hand, sitting on top of the steering wheel.... would that be classed as an offence?

Pataman

Jb1989 wrote: »

+2

Is this the maths forum?

I give up! What comes next in the sequence?

Pataman

What if you were reading the ingredients on the bar of chocolate. That would be driving without due care and attention.

Chocolate mmmmmm. Now I am hungry