Contesting speeding fine

bs2014

Hi all, Has anyone successfully contested a speeding fine. Got a speeding fine from a gaurd last night at midnight on the m11, where it changes from 120 to 100...was doing 124....gaurd obviously had little to be doing. Was in an unmarked car and came out from nowhere....also had a stinking attitude...I know there are some legal grounds regarding the speed vans that they need to be in a visible place ect but does the same apply to unmarked garda cars...I don't have a dash cam to proof otherwise....I know I'm clutching at straws but god loves a trier

BigCon

124 in a 100 zone?

bladespin

Nope.

irishgti

bs2014 wrote: »

Hi all, Has anyone successfully contested a speeding fine. Got a speeding fine from a gaurd last night at midnight on the m11, where it changes from 120 to 100...was doing 124....gaurd obviously had little to be doing. Was in an unmarked car and came out from nowhere....also had a stinking attitude...I know there are some legal grounds regarding the speed vans that they need to be in a visible place ect but does the same apply to unmarked garda cars...I don't have a dash cam to proof otherwise....I know I'm clutching at straws but god loves a trier

Are you actually serious? On what grounds in that little mind of yours do you think you would have grounds to contest the ticket? What would you like the guards to do?? run radio and TV commercials, put up signs NOT TO SPEED. Are you sure you actually have a driving licence, to be honest you don't deserve to ride a bicycle

blond45

think you know the answer to this one yourself...:rolleyes:,,i see this every day people getting away with speeding but this time you have being caught thank god.

Long Time Lurker

Toyotafanboi

It is a joke in fairness how the m11 switches from 100 - 80 - 120 - 100 - 80 - 120 relentlessly every 5 odd from Gorey to Dundrum, despite the road conditions not changing at all in most places. If you weren't familiar it would be easy to get caught, particularly as gosafe are all fecking over it.

Galway K9

Loads get thrown out of court for contesting the ticket. Go on, go for it. Stand up for your rights!:D

bs2014

I got told by someone in the know that the fact he didn't read me out the rights and what exact law I broke means I have ground to stand on...but sure proving that is another thing:(

Oryx

bs2014 wrote: »

I got told by someone in the know that the fact he didn't read me out the rights and what exact law I broke means I have ground to stand on...but sure proving that is another thing:(

Did the same person ask if he had his hat on?

abff

If you're seriously considering contesting this, you need to get legal advice from someone who deals with this type of issue. Otherwise, you run the risk of making a bad situation worse.

NewCorkLad

Make sure to tell the Judge, how the Garda had little else to be doing and his terrible attitude, aswell to get a bit of sympity.

Galway K9

NewCorkLad wrote: »

Make sure to tell the Judge, how the Garda had little else to be doing and his terrible attitude, aswell to get a bit of sympity.

Bake some brownies also for the Judge.

Cabaal

Say you're freeman and the gardai has no power over you, judges love that

tossy

Don't forget to mention paying his wages too, between that and the fact the Garda was wearing no hat and had nothing better to be doing (plus the brownies) you'll get off. Sure there is nothing a judge wants more than a hard done by citizen to come before him - especially since they are so bored dealing with proper criminals all day.

Bio Mech

bs2014 wrote: »

I got told by someone in the know that the fact he didn't read me out the rights and what exact law I broke means I have ground to stand on...but sure proving that is another thing:(

Tell him you didn't see the car and that you are a freeman on the land and that he has to refer to you by your clan name. And that you don't consent to contract. Then go to court and refuse to recognise the judge. Oh also ask why he wasn't out catching real criminals or putting bankers behind bars.

That should work.

Legal disclaimer: BTW I jest.

Special Circumstances

Demand to see the judge's oath of office and threaten to bill him for your time when he can't pull it out of his arse pocket.

_Brian

I think contesting this is a bad idea, chances are the fine will be doubled and you'll have the hassle of a court visit..

From what you've said happened you have Zero grounds for an appeal... I don't think the thing about reading you anything about laws is anything substantial.. how does the speed van do this ??

The judge will look at the facts, you were caught speeding, you admit you were speeding, you feel hard done by..

Judge will side with the Guard (rightly so) unless you have serious credible evidence that proves the Guard wrong.. Your fine will be doubled as a punishment for wasting their time.

Special Circumstances

If you contest it but the Garda doesn't show, do you get away with it?
Of course, by taking up Garda and court time with BS like this you lose the right to ever complain about not enough Gardai out on the streets and the crazy back up in the legal system...

Monkeysgomad

bs2014 wrote: »

Hi all, Has anyone successfully contested a speeding fine. Got a speeding fine from a gaurd last night at midnight on the m11, where it changes from 120 to 100...was doing 124....gaurd obviously had little to be doing. Was in an unmarked car and came out from nowhere....also had a stinking attitude...I know there are some legal grounds regarding the speed vans that they need to be in a visible place ect but does the same apply to unmarked garda cars...I don't have a dash cam to proof otherwise....I know I'm clutching at straws but god loves a trier

I'm 17 just started driving on a learner permit. I was on the road the other day and it changed from 80 to 40 then to 80 again I was going 43 and got pulled over. As annoyed as I am you will just have to pay it. If you contest it they will win because you were braking it.

death1234567

Another in the long line of 'I got caught speeding and I admit that I was speeding but now I want to weasel out of any punishment because the law should apply to everyone else but me' threads. Yay!

Galway K9

Monkeysgomad wrote: »

I'm 17 just started driving on a learner permit. I was on the road the other day and it changed from 80 to 40 then to 80 again I was going 43 and got pulled over. As annoyed as I am you will just have to pay it. If you contest it they will win because you were braking it.

Pun intended?

R.O.R

death1234567 wrote: »

Another in the long line of 'I got caught speeding and I admit that I was speeding but now I want to weasel out of any punishment because the law should apply to everyone else but me' threads. Yay!

whippet

Monkeysgomad wrote: »

I'm 17 just started driving on a learner permit. I was on the road the other day and it changed from 80 to 40 then to 80 again I was going 43 and got pulled over. As annoyed as I am you will just have to pay it. If you contest it they will win because you were braking it.

40kph limit? Where was this?

Atomic Pineapple

Monkeysgomad wrote: »

I'm 17 just started driving on a learner permit. I was on the road the other day and it changed from 80 to 40 then to 80 again I was going 43 and got pulled over. As annoyed as I am you will just have to pay it. If you contest it they will win because you were braking it.

In Ireland? If so whereabouts?

The standard speed limits in Ireland are 50 km/h, 80 km/h, 100 km/h, and 120 km/h

Then there are two special limits at 30 km/h and 60 km/h

But I don't think there is an enforceable 40 km/h speed limit? You actually might have a case

Monkeysgomad

It's in cork going through a small country village - absolute joke it is. No pun intended just a misspelling

Monkeysgomad

In pretty sure it was 40, so the guard said. I'm not from cork so I was only going through the village to get to a family members house. Surely he wouldn't have pulled me if he didn't have reason

Monkeysgomad

I definitely know it was 80 and then dropped but 100% don't know if it was 40. I've paid the fine now so doesn't make much difference haha

brightspark

Atomic Pineapple wrote: »

In Ireland? If so whereabouts?

The standard speed limits in Ireland are 50 km/h, 80 km/h, 100 km/h, and 120 km/h

Then there are two special limits at 30 km/h and 60 km/h

But I don't think there is an enforceable 40 km/h speed limit? You actually might have a case

Have a read here

http://www.rulesoftheroad.ie/rules-for-driving/speed-limits/speed-limits_on-roads.html

Monkeysgomad

Atomic Pineapple wrote: »

In Ireland? If so whereabouts?

The standard speed limits in Ireland are 50 km/h, 80 km/h, 100 km/h, and 120 km/h

Then there are two special limits at 30 km/h and 60 km/h

But I don't think there is an enforceable 40 km/h speed limit? You actually might have a case

I just looked it up and under the special speed limits section this was there :
'120 km/h (75 mph) (for Dual Carriageways forming part of a national road only)
60 km/h (37 mph)
40 km/h (25 mph)
30 km/h (19 mph)

Mervyn Skidmore

A lot of good advice here. Don't forget to tell the Judge that you don't consent to the fine. Count the strings on the harp in the courtroom and if it's one short, ask for the matter to be struck out.

bazz26

The Royal Scam

If you have not payed your water charges, then that is really why you were stopped.

Atomic Pineapple

brightspark wrote: »

Have a read here

http://www.rulesoftheroad.ie/rules-for-driving/speed-limits/speed-limits_on-roads.html

Interesting, I wasn't aware they brought in the 40 km/h one as well.

frozenfrozen

there are 65km/h zones too

bs2014

Also, the gaurd got pissy that my car was registered at my home address yet i'm living down in Dublin, supposedly another offence I broke....sound lad he was didn't charge me with that!lol

Galway K9

Monkeysgomad wrote: »

I definitely know it was 80 and then dropped but 100% don't know if it was 40. I've paid the fine now so doesn't make much difference haha

God damm, youre a slave to the system, Man!!

slimjimmc

frozenfrozen wrote: »

there are 65km/h zones too

A 65km/h speed limit is a cautionary speed limit (others are 25, 35, 45, 55 or 75 k) indicated by a rectangular sign with a black border. It's not an offence to exceed a cautionary speed limit unlike mandatory speed limits (round signs with a red border).

bladespin

Sorry about the shorty reply earlier. It is your right to challenge the summons if you think it's unfair.

BUT by your own admission you we're committing the offence so tread carefully.

Garda cars do not have to be marked to catch a speeder, just the Gosafe rubbish vans (sorry).

A Garda is the law, if he decides you're committing an offence then you probably are (no matter how ****ty their attitude), they're not infallible but you'll be against it.

Also worth trying to see it from another angle: garda pulls a speeder, gets a different address to the listed etc etc, lucky they didn't decide it'd be safer to pull you to the station for further inquiry.

old_aussie

bs2014 wrote: »

Hi all, Has anyone successfully contested a speeding fine. Got a speeding fine from a gaurd last night at midnight on the m11, where it changes from 120 to 100...was doing 124....gaurd obviously had little to be doing. Was in an unmarked car and came out from nowhere....also had a stinking attitude...I know there are some legal grounds regarding the speed vans that they need to be in a visible place ect but does the same apply to unmarked garda cars...I don't have a dash cam to proof otherwise....I know I'm clutching at straws but god loves a trier

And I bet you'd be the first and loudest to whinge if one of your family was injured or killed by some speeding scumbag with little regard for the law.

Del2005

The only way to fight a speeding fine is to hire a solicitor who specialises in motoring offences, the only thing is that they cost more than the fine and if it's your 1st time caught insurance doesn't usually go up. Unless you are looking at being put off the road it'd be cheaper, don't have to hire a specialist solicitor and take a day off work for the court appearance, to pay the fine and take the points especially since you have admitted that you were exceeding the posted limit.

bs2014

Sorry throwing up old ground

Just realised the date on the fixed charge penalty is the wrong date (Date after being stopped); I can prove I wasn't driving my own car on the date that is on the fixed charge penalty, spoke with a local solicitor this morning and he said there is a good chance I'd get off.

Suggestions:
1. Somebody told me I should try get in touch with the gaurd who stopped me and explain the date is wrong and the address that he claims I was speeding is skewed.(I think this is risky)
2. Is there a possibility the gaurd/judge could just amend the date on the fixed charge notice if it goes to court/ is this likely. Does the date on the gaurds record always match that of the fixed charge penalty.
3. Does a solicitor accompany me to the court or do I go on my own and speak on my own behalf(nervous about doing this incase walk myself into hassle).

5 points and €100 fine versus 0 points and solicitor fee of (€250-300)

Anyone had similar experience?

savagethegoat

Just pay up ffs, you were speeding, you said so yourself.

bladespin

savagethegoat wrote: »

Just pay up ffs, you were speeding, you said so yourself.

Bad advice, if the date on the notice is wrong then you have a very good chance of walking away.

ohnonotgmail

bladespin wrote: »

Bad advice, if the date on the notice is wrong then you have a very good chance of walking away.

so the OP goes to court and tells the judge the date is wrong and that they it was the day before that they were caught speeding. I cant see any problems with that at all.

Galway K9

bladespin wrote: »

Bad advice, if the date on the notice is wrong then you have a very good chance of walking away.

Your honour, i saw a magpie earlier that day, this isn't my fault.

draiochtanois

This post has been deleted.

bladespin

ohnonotgmail wrote: »

so the OP goes to court and tells the judge the date is wrong and that they it was the day before that they were caught speeding. I cant see any problems with that at all.

Galway K9 wrote: »

Your honour, i saw a magpie earlier that day, this isn't my fault.

Let a solicitor handle it - for you legal geni

ohnonotgmail

bladespin wrote: »

Let a solicitor handle it - for you legal geni

not quite sure what you think you are getting at but you do realise both of those posts were sarcastic?

Mark Tapley

bs2014 wrote: »

Sorry throwing up old ground

Just realised the date on the fixed charge penalty is the wrong date (Date after being stopped); I can prove I wasn't driving my own car on the date that is on the fixed charge penalty, spoke with a local solicitor this morning and he said there is a good chance I'd get off.

Suggestions:
1. Somebody told me I should try get in touch with the gaurd who stopped me and explain the date is wrong and the address that he claims I was speeding is skewed.(I think this is risky)
2. Is there a possibility the gaurd/judge could just amend the date on the fixed charge notice if it goes to court/ is this likely. Does the date on the gaurds record always match that of the fixed charge penalty.
3. Does a solicitor accompany me to the court or do I go on my own and speak on my own behalf(nervous about doing this incase walk myself into hassle).

5 points and €100 fine versus 0 points and solicitor fee of (€250-300)

Anyone had similar experience?

I would have thought you had enough ridicule and sanctimony . Fair play for coming back for more.

bladespin

ohnonotgmail wrote: »

not quite sure what you think you are getting at but you do realise both of those posts were sarcastic?

Well duh :rolleyes: