Reporting dangerous driving to Gardai - advice wanted

mp31

Cycling into work this morning and a driver became annoyed because he couldn't overtake as I was taking the lane on a short section of road (my travel time across it is approx 20 seconds). He started beeping his horn then kept beeping continuously until the road was wide enough for him to pass. He then overtook but then swerved across me and slammed on the brakes forcing me to brake and swerve to avoid a collision. He then drove off.

I continued on my way and the traffic build up meant I overtook him again to which he responded by overtaking me and then pulling up in drive way down the road, getting out of the car and shouting at me and threatening me as I went by. He forgot to put on the handbrake and the car started rolling down the hill and he had to run after it which probably incensed him further.

I continued on cycling and again he overtook me again and shouted obscenities as he went by. He pulled into another layby waiting for me in the car and this time gestured to me as I cycled by. He then turned round and drove off.

I have video evidence from my helmet video camera for all this and would like to make a complaint to the Gardai but would like some advice please.

Do I just ring any Gardai station and email the video footage to someone or should I go to my local Gardai station when I get home from work with a laptop and memory stick containing the footage to show them?

The Gardai website talks about reporting crimes but doesn't appear to have any way of reporting driving offences.

Do I need to press charges or will the Gardai take the footage and decide what to do themselves?

Any help is appreciated.

(Bloody annoyed BTW)

What a jackass.

He has obviously got some emotional issues that you just happened to be the focus of. If it wasn't you it was going to be someone making his coffee too slowly or some other minor annoyance.

worded

Can you upload it to YouTube and take it from there? That must have been a very scary experience.

At least as a car driver you can stay in your car if a road rager is boiling up, as a cyclist you don't have that option.

Darkglasses

worded wrote: »

Can you upload it to YouTube and take it from there? That must have been a very scary experience.

At least as a car driver you can stay in your car if a road rager is boiling up, as a cyclist you don't have that option.

Definitely not a good idea to upload it to Youtube, at least until all legal proceedings have been completed.

Macy0161

worded wrote: »

Can you upload it to YouTube and take it from there? That must have been a very scary experience.

I wouldn't put it up on youtube at this stage, if you are going to make a formal complaint. (Maybe if/ when the cops don't bother doing anything about it!).

07Lapierre

I'd put a copy of the video onto a memory stick and call into your local Garda station and make a formal complaint against the Driver. Present your video as evidence and the gardai will have to take your complaint seriously. Sending an email or posting the video to the Garda Facebook/twitter account wont get the same level of attention.

zl1whqvjs75cdy

I think I remember reading somewhere that if you are bringing it to the Gardai to put the footage onto a DVD. If that's doable for you OP it might be worth doing. Someone with more experience can chime in here.

GasBrakeHonk

You should report it, nobody should be subjected to that kind of behavior. And if the Gardai have no interest as a road traffic offense I'd do so under section 6 of the public order act.

http://www.irishstatutebook.ie/eli/1994/act/2/enacted/en/print#sec6

And if you do not pursue it, please at least upload the section of video with his car rolling down the hill

fat bloke

mp31 wrote: »

He forgot to put on the handbrake and the car started rolling down the hill and he had to run after it which probably incensed him further.

Ha ha ha . Aw man I hope you got that on camera

As to the question. You have to call in to the garda station in whose jurisdiction the incident occurred and make a statement. I had cause to do similar over the weekend, a dangerous overtake, and the garda checked the reg and told me the vehicle had been stolen and was currently in flames...

mp31

Thanks for the advice and support folks, much appreciated.

I will copy the footage onto a DVD and take in a USB stick as well to the Gardai station.

I won't put this on YouTube yet as I don't want to jeopardize any action that the Gardai may want to take. Unfortunately I didn't get a clear shot of the car rolling down the hill as I was too far past. The footage is quite shaky and it's hard to see.

TBH I'm getting fed up of this sort of behaviour and uploading onto YouTube seems a way to 'name and shame' (sort of) this sort of thing but at the same time it can add to aggro between 'cars vs cyclists'

I'm annoyed and saddened by this sort of stuff... I wish we could all just get along with a bit of give and take on each side.

07Lapierre

Remember...your video evidence could also be used against you if it shows you breaking the rules of the road!

yop

Hopefully they pay this chap a visit. Though there seems to be a growing amount of idiots out there.

macrubicon

use traffic watch - works well and you get the choice of them having a talking to or if you are prepared to make a statement, a charge.

http://garda.ie/Controller.aspx?Page=111&Lang=1

diomed

07Lapierre wrote: »

I'd put a copy of the video onto a memory stick and call into your local Garda station and make a formal complaint against the Driver. Present your video as evidence and the gardai will have to take your complaint seriously. Sending an email or posting the video to the Garda Facebook/twitter account wont get the same level of attention.

I brought my laptop to a Garda station with a memory stick. Before I went I did some screen prints, took those to the local stationery store, and had them print off the images.
At the Garda station I showed the film on the laptop, and handed the Garda the screen prints. That made it easy for him to call to the other driver's house with something to show him. (It was all car v car unfortunately ).
I also typed up a written report from the video, quoting the car reg, make, colour, the on-screen time and date, again making it easy for the Garda to fill out his report.

mp31

diomed wrote: »

I brought my laptop to a Garda station with a memory stick. Before I went I did some screen prints, took those to the local stationery store, and had them print off the images.
At the Garda station I showed the film on the laptop, and handed the Garda the screen prints. That made it easy for him to call to the other driver's house with something to show him. (It was all car v car unfortunately ).
I also typed up a written report from the video, quoting the car reg, make, colour, the on-screen time and date, again making it easy for the Garda to fill out his report.

Thanks for that info.

Whilst taking screen shots, I've just noticed that when I passed him stuck in traffic, his head was down looking at his phone (although you can't see the phone) and the cars in front had all moved on and he was sat there holding up everybody behind.

Alanstrainor

I have read on here about people being just being turned away when turning up at a station with video evidence. So perhaps it's a bit hit and miss. Had my own close call from an illegal right turn this morning across my path. I want to report her, but probably wont bother.

Páid

Call into the Garda station and tell them you wish to make a statement. They are obliged to take it.

I had to report an incident earlier this year and they took it very seriously. I have nothing but praise for the Garda who followed up my complaint.

endacl

If the member doesn't want to accept your complaint, ask to speak to the sergeant on duty.

cajonlardo

I've good experience with the Gardai over the years.
But if anyone wants to be certain something will be done and done quickly I'd recommend traffic watch. We had a serious incident involving road conditions and reported it to the council and gardai. Days went by and nothing happened. I phoned T.W and both the Gardai and Council sprang into action within 2 hours of the phone call. No one wants to drop the ball when there is a verifiable record of the complaint. Good idea to keep traffic watch phone number in your call book.

Zyzz

My dad was run off the road yesterday evening and went to the Guards.

Low and behold, a Guard shows up at the house this evening to take more details and see if he wants to submit a statement and press charges! Nice to see some of them take an interest!

CramCycle

They don't take USB for obvious reasons. Burn to DVD. Do not alter the original footage. Give the whole video and tell the the time the incidents took place. If it's edited or in anyway altered they might assume other stuff happened before the incident.

If the driver shouted at you or threatened you verbally, it is a clear cut case of assault.

Right down everything as you remember it without the video and bring it in, if you make a statement this will make it easier.

Worst comes about, and nothing is being done, send a link of it to garda traffic watch on twitter.

koutoubia

This happened me a while back....

"Myself and one other were on our way home form the club spin yesterday when a car came up on the outside when a passenger leant out of the window and punched me in the leg. Everyone in the car thought this was brilliant.
Luckily I caught the make,model and reg number.
I went up to the Gardai and reported it.
The Garda who took my report said he was fond of cycling and said he would personally find the owner and give them a warning and inform them he was treating it as assault and dangerous driving!"

followed by...


"Just a follow up!
Today I received a visit form a different Garda. He was more senior then the one I originally spoke to.
He apologised to me for the delay in not contacting me sooner.
He said he had taken 'control' of my statement and found the owner of the car but it was registered to a very well known garage. He is going to visit the garage and inform them of what has happened and said that the garage are under obligation to inform him who had the car at the time.
He said that he will issue penalty points to the driver and caution them!
He asked me was I happy with that or did I want to proceed further? I said "once they got the message I was happy enough. If they dont play ball..." The Garda then replied that if they dont seem to take it seriously would I be prepared to take it to court and make a statement as he would be happy to bring it to court.
"Yep. Fine with me"
He apologised again for the delay and then started to talk about bikes and started admiring mine and started chatting about cycling and the club.20 mins later he said he'd better go and keep the bikes locked up as plenty are being nicked on an all too regular basis."

Get to the Garda and see what they say!

mp31

So, I went to my local Gardai station last night (7pm) with DVD & a printed report of the incident showing location, details of the car, reg number and pictures of the car etc. The gardai on duty wasn't too interested at all.. even when I explained the seriousness of the incident.

She claimed that since it happened in Clonee, the Blanchardstown Gardai would have to look into it and I would have to go there.

I insisted that I want to make a statement and don't have the time to go do Blanchardstown Gardai so she took my details and said she would file a report on Pulse and someone from Blanchardstown would contact me.

Not too impressed with the initial response but I'll reserve judgement and see what happens over the next day or so.

galwaycyclist

mp31 wrote: »

So, I went to my local Gardai station last night (7pm) with DVD & a printed report of the incident showing location, details of the car, reg number and pictures of the car etc. The gardai on duty wasn't too interested at all.. even when I explained the seriousness of the incident.

She claimed that since it happened in Clonee, the Blanchardstown Gardai would have to look into it and I would have to go there.

I insisted that I want to make a statement and don't have the time to go do Blanchardstown Gardai so she took my details and said she would file a report on Pulse and someone from Blanchardstown would contact me.

Not too impressed with the initial response but I'll reserve judgement and see what happens over the next day or so.

Did she actually write anything in the day book behind the counter?

koutoubia

mp31 wrote: »

So, I went to my local Gardai station last night (7pm) with DVD & a printed report of the incident showing location, details of the car, reg number and pictures of the car etc. The gardai on duty wasn't too interested at all.. even when I explained the seriousness of the incident.

She claimed that since it happened in Clonee, the Blanchardstown Gardai would have to look into it and I would have to go there.

I insisted that I want to make a statement and don't have the time to go do Blanchardstown Gardai so she took my details and said she would file a report on Pulse and someone from Blanchardstown would contact me.

Not too impressed with the initial response but I'll reserve judgement and see what happens over the next day or so.

Pretty disgraceful atttude from the Garda imo.

If you could find the time get over to Blanch and ask for the Sergeant in charge or the most senior person there and speak to them!

cajonlardo

Unfortunately that is the system and red tape in operation - each station has responsibility for a designated area. Same happens if you were reporting a (even more) serious incident.

Like I said - Traffic Watch. One phone call and watch what happens.

Lo_La

Very disappointing - obviously just the luck of the draw as to the Garda you get who happens to be on duty at the time but nothing worse than when they make you feel like you're wasting their time. Maybe worth calling into Blanch if you get a chance - you've gone to the trouble of putting it on dvd and writing report...

Welshkev

mp31 wrote: »

So, I went to my local Gardai station last night (7pm) with DVD & a printed report of the incident showing location, details of the car, reg number and pictures of the car etc. The gardai on duty wasn't too interested at all.. even when I explained the seriousness of the incident.

She claimed that since it happened in Clonee, the Blanchardstown Gardai would have to look into it and I would have to go there.

I insisted that I want to make a statement and don't have the time to go do Blanchardstown Gardai so she took my details and said she would file a report on Pulse and someone from Blanchardstown would contact me.

Not too impressed with the initial response but I'll reserve judgement and see what happens over the next day or so.

I had an incident with a bus driver not too far from there recently. I called the Garda Traffic watch (1890 20 58 05) and gave details; they're based in Sligo I think. Within 5 minutes I got a call from the Blanchardstown station who took all the details and was very helpful.

A week later, I got another call from someone there to see if I'd heard anything back from Dublin Bus, which I hadn't. So he said he was going to go down there and then and speak to them if I wished. He talked me through my options of making a formal statement and taking the driver to court etc. or whether I was happy for the Garda on duty to go down and deal with it (and proceed based on the outcome of this).
Was on the phone for about 20 minutes with him and he took it very seriously and gave examples of other incidents he'd dealt with and the outcomes.

He called back again later that evening and told me he'd been down there, spoke to the drivers supervisor (they had it on camera) and he was going to be spoken to and given a warning etc. the following day.

I was impressed and greatful for them actually taking it so seriously. Whether I got lucky with who was on duty, or it's specific to that station, I'm not sure, but if I were you I'd recommend doing as I did (I didn't actually need to go down the station at all, it was all done over the phone)

cajonlardo

Kevinleeowen, your experience is typical of how things happen when someone goes through trafficwatch. I have only used them 4 times in very serious incidents. Each time I was very impressed with the results.

In one of the incidents a party involved lied during their statement to the Gardai.
It was obvious that they were lying when I pointed out the report to Traffic Watch and its timing. Reporting to T.W is like copper fastening your complaint - you can bet there will action taken.

Kevg268

If you wish to make a complaint in relation to the driver. you must go to the station that covers that area where the incident took place. the Gardai will take a statement off you and the footage. the Gardai then can ask the car driver for a statement. he isn't obliged to give 1 and the Gardai can not formally interview him. then if it's clear cut you will be attending court in about a year to give your evidence. there is nothing in law where Gardai give a warning to the driver!

Kevg268

sorry. meant to say "Gardai can formally interview him"

RainyDay

Kevg268 wrote: »

If you wish to make a complaint in relation to the driver. you must go to the station that covers that area where the incident took place. the Gardai will take a statement off you and the footage. the Gardai then can ask the car driver for a statement. he isn't obliged to give 1 and the Gardai can not formally interview him. then if it's clear cut you will be attending court in about a year to give your evidence. there is nothing in law where Gardai give a warning to the driver!

I've had a few instances of cases reported to Traffic Watch where the Garda did indeed caution the driver, and warn them that the case is now logged on their PULSE system in case of further offences happening.

Darkglasses wrote: »

Definitely not a good idea to upload it to Youtube, at least until all legal proceedings have been completed.

Why? I've often seen this said, but I've never heard a clear explanation as to why not. Offences like this will never get to a jury, so there is no risk that the driver will claim that they can't get a fair trial.

mp31 wrote: »

I continued on my way and the traffic build up meant I overtook him again to which he responded by overtaking me and then pulling up in drive way down the road, getting out of the car and shouting at me and threatening me as I went by. He forgot to put on the handbrake and the car started rolling down the hill and he had to run after it which probably incensed him further.

If you caught him running after his rolling car on camera, the clip will undoubtedly go viral - which could possibly be more effective than the Gardai in punishing. Wait till all his mates in work have seen his car rolling away...

Actually, make sure you add a copyright watermark to the video before you publish, and monetize your YouTube channel. Wouldn't it be sweet if you ended up buying a new bike on the back of this eejit?

ShiverinEskimo

RainyDay wrote: »

Why? I've often seen this said, but I've never heard a clear explanation as to why not. Offences like this will never get to a jury, so there is no risk that the driver will claim that they can't get a fair trial.

He can still claim that he has suffered unnecessary and disproportionate embarrassment and harassment by the video being made public and going viral.

Up to the district court Judge whether he agrees but it would certainly be an angle most barristers would only love to attack at.

OP the issue has to be investigated by the Gardai local to where the incident occurred. Be aware however that the camera you used to record the footage may well be needed as evidence and therefore *may* be seized to prove the source of the footage if it finds its way to court. At the very least you'll have to say in your statement the make, model and other particulars of the camera, your experience with using it and why you're capable of downloading and burning the footage completely and appropriately.

People approach Gardai with their phones showing footage of all sorts not realising the phone becomes evidence in any subsequent complaint and therefore has to be seized and kept until the hearing/trial. Might not be the case for a minor thing like Careless Driving but if they run with Dangerous Driving they could want it.

RainyDay

ShiverinEskimo wrote: »

He can still claim that he has suffered unnecessary and disproportionate embarrassment and harassment by the video being made public and going viral.

Up to the district court Judge whether he agrees but it would certainly be an angle most barristers would only love to attack at.

He can claim all he likes, but has any such claim ever impacted a conviction on a road traffic matter?

Darkglasses

RainyDay wrote: »

He can claim all he likes, but has any such claim ever impacted a conviction on a road traffic matter?

In every event of a dangerous driving case being posted about here on the forum before legal proceedings take place, the complainant's solicitor always wants the posts and videos about the event deleted. Not a legal expert at all, just going on experience.

RainyDay

Darkglasses wrote: »

In every event of a dangerous driving case being posted about here on the forum before legal proceedings take place, the complainant's solicitor always wants the posts and videos about the event deleted. Not a legal expert at all, just going on experience.

Are you saying that Boards.ie has got requests to delete discussions? How often has this happened?

mp31

mp31 wrote: »

So, I went to my local Gardai station last night (7pm) with DVD & a printed report of the incident showing location, details of the car, reg number and pictures of the car etc. The gardai on duty wasn't too interested at all.. even when I explained the seriousness of the incident.

She claimed that since it happened in Clonee, the Blanchardstown Gardai would have to look into it and I would have to go there.

I insisted that I want to make a statement and don't have the time to go do Blanchardstown Gardai so she took my details and said she would file a report on Pulse and someone from Blanchardstown would contact me.

Not too impressed with the initial response but I'll reserve judgement and see what happens over the next day or so.

The gardai where the incident occurred have to investigate the complaint.
If you went straight to that station and made a complaint there, things work quicker.
The guard that took your complaint now needs to send a report through the channels to blanchardstown. Believe me these things are not quick, and very easily lost.
You should call the station and get the pulse incident number to make things easier for you.

Traffic watch always send these complaints to the local station where the offence takes place, therefore things are much quicker.

Remember OP, if you make a complaint you must be willing to go to court, its amazing how many people don't realise that.

Darkglasses

RainyDay wrote: »

Are you saying that Boards.ie has got requests to delete discussions? How often has this happened?

In general that happens extremely often on this site, multiple times a year. Think I heard Dav or Niamh say they get something like one solicitors letter a week on average (may be misremembering). Just on this forum, maybe once a year. Definitely happened last year. A poster had posted about an incident they were involved in, and then when they made contact with the solicitor I was asked to delete everything to do with it, which I did.

Have been asked to delete things by outside parties for other reasons too.

RainyDay

Darkglasses wrote: »

In general that happens extremely often on this site, multiple times a year. Think I heard Dav or Niamh say they get something like one solicitors letter a week on average (may be misremembering). Just on this forum, maybe once a year. Definitely happened last year. A poster had posted about an incident they were involved in, and then when they made contact with the solicitor I was asked to delete everything to do with it, which I did.

Have been asked to delete things by outside parties for other reasons too.

Again, it sounds like people are getting a bit confused. I'm talking about criminal cases, where person A is reporting person B to the Gardai for a criminal matter.

You don't normally hear about person A engaging a solicitor to deal with the Gardai, except in the most serious criminal matters - certainly not for these kind of traffic issues. If there is a solicitor involved, this is generally because person A is suing person B - a civil matter.

So in criminal cases, has boards.ie got requests to remove data?

And does boards.ie have a published policy about how it deals with requests from solicitors generally?

ShiverinEskimo

RainyDay wrote: »

So in criminal cases, has boards.ie got requests to remove data?

Yep. Graham Dwyer case.

RainyDay

ShiverinEskimo wrote: »

Yep. Graham Dwyer case.

Which I think comes under the category of 'most serious criminal cases' I mentioned above.

But just curious - who asked for stuff to be removed? Gardai or Dwyer's defence or what?

It doesn't really tell us much about this kind of traffic case.

ShiverinEskimo

Regardless, the argument againsr posting the footage in order to satisfy some gossip mongering is a valid one.

RainyDay

ShiverinEskimo wrote: »

Regardless, the argument againsr posting the footage in order to satisfy some gossip mongering is a valid one.

I'm not sure I've heard that argument articulated here. But if it is, it should be balanced against the significant opportunity to make an absolute d1ck out of the driver in question amongst his peers.