70kmph in a 60kmh fine

GatsbyGal · 30-10-2015 1:40pm #1

My husband was sent a letter/fine of €80 and 3 penalty points for doing 70 in a 60 zone. What are the chances if he went to court of having this reversed? He doesn't mind the fine as much as having the points on his licence. Never been fined before so all new to us. Thanks.

Stheno · 30-10-2015 1:41pm

GatsbyGal wrote: »

My husband was sent a letter/fine of €80 and 3 penalty points for doing 70 in a 60 zone. What are the chances if he went to court of having this reversed? He doesn't mind the fine as much as having the points on his licence. Never been fined before so all new to us. Thanks.

No chance tbh and a risk of five points

Just pay the fine

seamus · 30-10-2015 1:41pm

On what basis would he get it reversed? Does he dispute the facts of the fine?

punisher5112 · 30-10-2015 1:43pm

GatsbyGal wrote: »

My husband was sent a letter/fine of €80 and 3 penalty points for doing 70 in a 60 zone. What are the chances if he went to court of having this reversed? He doesn't mind the fine as much as having the points on his licence. Never been fined before so all new to us. Thanks.

Over is over im afraid.

I don't believe the point system is any use or a fair system.

If he lets it go to court it will be 5 points and huge increase in fine.

Was it a flash 4 cash van(go safe)

Atlantic Dawn · 30-10-2015 1:44pm

Would only be worth going to court if you knew that the speed gun didn't have a valid calibration certificate or something along those lines, otherwise your wasting your time and liable to get 5 points instead of 3. I think you can ask to see the calibration certificate.

GatsbyGal · 30-10-2015 1:44pm

seamus wrote: »

On what basis would he get it reversed? Does he dispute the facts of the fine?

Well wouldn't the guard have to show up in court also? If he doesn't show does it get thrown out? He has no problem paying the fine, it's the points on his licence he would like to reverse.

Kimbot · 30-10-2015 1:45pm

Well if he accepts the fine then he has to accept the points, there is no way to reverse that and everyone is in the same boat regarding it.

bladespin · 30-10-2015 1:46pm

GatsbyGal wrote: »

Well wouldn't the guard have to show up in court also? If he doesn't show does it get thrown out? He has no problem paying the fine, it's the points on his licence he would like to reverse.

Was it a van/camera or was he actually pulled over by a garda?

GatsbyGal · 30-10-2015 1:47pm

punisher5112 wrote: »

Over is over im afraid.

I don't believe the point system is any use or a fair system.

If he lets it go to court it will be 5 points and huge increase in fine.

Was it a flash 4 cash van(go safe)

Ha! Very apt name. We didn't see any van.

stefanovich · 30-10-2015 1:47pm

70 mph in a 60kph zone, nearly twice the speed limit. Maniac

GatsbyGal · 30-10-2015 1:49pm

bladespin wrote: »

Was it a van/camera or was he actually pulled over by a garda?

Didn't see a van or garda although a garda car was following us for awhile but we were in a line of traffic along with him. Letter just arrived in the post yesterday.

GatsbyGal · 30-10-2015 1:50pm

stefanovich wrote: »

70 mph in a 60kph zone, nearly twice the speed limit. Maniac

Hmmm..??

njs030 · 30-10-2015 1:53pm

GatsbyGal wrote: »

Well wouldn't the guard have to show up in court also? If he doesn't show does it get thrown out? He has no problem paying the fine, it's the points on his licence he would like to reverse.

How was he caught speeding? Was it just a letter out of the blue or was he pulled over? Do you know if it was a speed van or a garda?

Doesn't matter what you do or don't have on your license, everyone has to live by the same rules, if you don't want points the best thing is not to speed.

bladespin · 30-10-2015 1:53pm

GatsbyGal wrote: »

Didn't see a van or garda although a garda car was following us for awhile but we were in a line of traffic along with him. Letter just arrived in the post yesterday.

If it was a garda camera they usually send a photo of the vehicle as it was caught, including info like time, place speed etc. Not sure about GoSafe.

To Elland Back · 30-10-2015 1:54pm

Pay the fine, take the points for the offence committed and move on

thebiglad · 30-10-2015 1:54pm

GatsbyGal wrote: »

Well wouldn't the guard have to show up in court also? If he doesn't show does it get thrown out? He has no problem paying the fine, it's the points on his licence he would like to reverse.

Seen a lot of newspaper talk of people with speeding fines being made pay the poor box - surely this would mean no conviction and therefore no points - just the speeding tax to be paid.

Against that, if you go to court and are found guilty would that have to be declared for example if applying for a US Visa Waiver - a conviction rather than a simple fine with points???

Been caught myself in the same situation, just paid up, if he did it then chances of escaping are slim - to rely on a technicality such as a Go Safe representative not turning up is pushing it...

sunnysoutheast · 30-10-2015 1:54pm

I think you get a picture if it's a speed van?

If you aren't able to challenge the facts stated in the notice - location, time, signage, etc. - then I don't see any point in risking it in court.

If it's the first offence then it shouldn't cause any uplift in insurance except with aviva (I think). You have to notify your insurer when you get the points letter and they stay on for three years.

colm_mcm · 30-10-2015 1:55pm

The reality of it is that at an actual 70kmph most cars would have an (incorrect, overstated) indicated speed (on the speedo) of around 76kmph

This one is black and white I'm afraid.

Stranger Danger · 30-10-2015 1:55pm

He can ignore the letter, await the court summons and then tell the Judge that he never received the original letter.

Judge will ask him if he disputes the charge.

Answer 'no' and you'll be told to pay €200 to the Court poor box and not get any points on your license.

GatsbyGal · 30-10-2015 1:57pm

bladespin wrote: »

If it was a garda camera they usually send a photo of the vehicle as it was caught, including info like time, place speed etc. Not sure about GoSafe.

They sent a picture of our registration plate.

bladespin · 30-10-2015 1:59pm

GatsbyGal wrote: »

They sent a picture of our registration plate.

Gardai will send a full pic along with a blow up of your reg - can help identify the driver in some cases.

Are you sure this was official and not some kind of joke? It sure sounds like the 'summons' is a bit odd.

GatsbyGal · 30-10-2015 2:01pm

OK. Thanks everyone. I really appreciate the responses. I think paying the fine to a charity is a brilliant idea. Wish we could do this instead.

GatsbyGal · 30-10-2015 2:05pm

bladespin wrote: »

Gardai will send a full pic along with a blow up of your reg - can help identify the driver in some cases.

Are you sure this was official and not some kind of joke? It sure sounds like the 'summons' is a bit odd.

No. I just rang an 1890 number and they do have it on record.

colm_mcm · 30-10-2015 2:05pm

Stranger Danger wrote: »

He can ignore the letter, await the court summons and then tell the Judge that he never received the original letter.

Judge will ask him if he disputes the charge.

Answer 'no' and you'll be told to pay €200 to the Court poor box and not get any points on your license.

Lie in court basically. Good advice there.

Love this quote from the Irish Times

The group has established that the numbers of motorists telling judges their notices never arrived is much higher than those contacting the motor tax office to complain that their tax discs have gotten lost in the post.

Aint Eazy Being Cheezy · 30-10-2015 2:11pm

GatsbyGal wrote: »

He has no problem paying the fine, it's the points on his licence he would like to reverse.

I'm not judging you or anything, I just think this is hilarious.

It's like going into a shop & picking up a coat and saying "This is lovely, I'll buy this. I can't afford €100 though, so I'll just pay €70 right."

sunnysoutheast · 30-10-2015 2:11pm

colm_mcm wrote: »

Lie in court basically. Good advice there.

Love this quote from the Irish Times

Was on the radio a while back about closing the loophole soonish (in Irish terms) anyway.

I think the plan is for the summons letter to have a final opportunity to pay on it.

colm_mcm · 30-10-2015 2:15pm

I think they were talking about sending them out by registered post.

stefanovich · 30-10-2015 2:15pm

sunnysoutheast wrote: »

Was on the radio a while back about closing the loophole soonish (in Irish terms) anyway.

I think the plan is for the summons letter to have a final opportunity to pay on it.

What if you also didn't receive the summons?

Registered post. It's not hard.

megabantz · 30-10-2015 2:22pm

Whats the problem here? Your husband was caught speeding and now has to pay the price which is a fine plus points.

pay the fine and take the points. I really don't know what to say other than don't speed if you don't want points you can't have it both ways

sunnysoutheast · 30-10-2015 2:23pm

stefanovich wrote: »

What if you also didn't receive the summons?

Registered post. It's not hard.

I can only go by what was discussed on The Last Word!

Proof of delivery would seem to be the obvious answer to me too, but that wasn't what they were talking about on that program anyway. Whether there is some issue in bulk sending or something I don't know.

Stranger Danger · 30-10-2015 2:37pm

colm_mcm wrote: »

Lie in court basically. Good advice there.

It's not advice, I'm merely presenting an option for the OP to consider that I believe answers their query.

punisher5112 · 30-10-2015 3:04pm

I was in court recently and people were there for speed fines not paid.

if you accepted you were wrong she applied a slightly higher fine of around €50 on top of €80 but if you plead not guilty you were in serious trouble if the evidence was solid she was slapping out huge fines.

A lot of go safe van summons were thrown out on technical issues and so on.

Is there a picture of the reg. Op?

Some are lucky and if you are minted and have a great soicitor you are a winner.

sunnysoutheast · 30-10-2015 3:07pm

punisher5112 wrote: »

I was in court recently and people were there for speed fines not paid.

if you accepted you were wrong she applied a slightly higher fine of around €50 on top of €80 but if you plead not guilty you were in serious trouble if the evidence was solid she was slapping out huge fines.

A lot of go safe van summons were thrown out on technical issues and so on.

Is there a picture of the reg. Op?

Some are lucky and if you are minted and have a great soicitor you are a winner.

What points were dished out?

novarock · 30-10-2015 3:15pm

If it was a GoSafe, you could try the court thing, I personally no people that have gone to court and paid a bigger fine, but have had no points applied. - if it was a marked Garda Van, I wouldn't. As you didn't see it I'd pay it. If they caught you doing 70, your Speedometer was probably reading 75 to 78, so you were definitely speeding.

To Elland Back · 30-10-2015 3:24pm

GatsbyGal wrote: »

OK. Thanks everyone. I really appreciate the responses. I think paying the fine to a charity is a brilliant idea. Wish we could do this instead.

No, now seriously? Why do you think you should be entitled to this choice when the rest of us aren't? Is your husband's licence so much better than mine that you don't want it sullied with points?

70kmh in a 60kmh zone is not the crime of the century but it happened and you should accept the consequences, unless you are certain a mistake has been made

smash · 30-10-2015 3:28pm

3 points for going 10kmh over the limit... jesus that's harsh.

duffman3833 · 30-10-2015 3:31pm

happened me last year, was leaving a village so going from 50 to 80 and as i was leaving i noticed a plain white van, no markings on it or anything, so i didn't really take much notice of it, thinking it a builder van or something so as i was leaving the village i increased speed a bit as i was leaving the 50 zone but i got a letter shortly after saying i was doing a 60 in a 50 even tho i was leaving the village and heading into a 80. It annoyed me at first but if i was to do anything about it, it could backfire and become worse. Who they going to believe, me or the guard. So 2 more years left .....

To Elland Back · 30-10-2015 3:32pm

smash wrote: »

3 points for going 10kmh over the limit... jesus that's harsh.

Very harsh indeed and extremely difficult to keep under at the lower limits. 4 of those in a 3 year period and your off the road

punisher5112 · 30-10-2015 3:34pm

sunnysoutheast wrote: »

What points were dished out?

if you apologized she just increased fine and told to go up with licence to office.

Points weren't increased but if you plead not guilty slapped with 5

Jawgap · 30-10-2015 3:35pm

If he is considering contesting this then best advice is get a solicitor.

I wouldn't be listening to any rubbish being spouted in bars (or on discussion boards) about how to avoid the points.

If he does decide to roll the dice and contest it in the hope the Guard doesn't show etc then he needs to be prepared for more points and a heftier fine. If you get some cranky district court judge who is fed up with people trying it on it could get quite expensive.

Personally, I'd just take the points and start counting down the days until they expire.

dodzy · 30-10-2015 3:36pm

smash wrote: »

3 points for going 10kmh over the limit... jesus that's harsh.

If you were caught approaching the Esso station on the Navan Road leading to the M50 interchange at Blanchardstown, 'harsh' would be a huge understatement.

sunnysoutheast · 30-10-2015 3:39pm

punisher5112 wrote: »

if you apologized she just increased fine and told to go up with licence to office.

Points weren't increased but if you plead not guilty slapped with 5

"Well would you believe it judge I've forgotten me licence your honour!"

readytosnap · 30-10-2015 3:40pm

Aint Eazy Being Cheezy wrote: »

I'm not judging you or anything, I just think this is hilarious.

It's like going into a shop & picking up a coat and saying "This is lovely, I'll buy this. I can't afford €100 though, so I'll just pay €70 right."

yeah, I'll take the coat but send back the buttons.

just pay it and be more alert next time.

bucketybuck · 30-10-2015 3:41pm

megabantz wrote: »

Whats the problem here? Your husband was caught speeding and now has to pay the price which is a fine plus points.

pay the fine and take the points. I really don't know what to say other than don't speed if you don't want points you can't have it both ways

No, you don't seem to understand, he doesn't want the points. So there should be some way that he doesn't have to get the points, know what I mean?

bladespin · 30-10-2015 3:42pm

It's a little worrying how many seem afraid to challenge something like this, even a question about it seems to draw the 'shut up and take your medicine' gunslingers out, OP just asked a question, this is no place for high horsing.

readytosnap · 30-10-2015 3:43pm

bucketybuck wrote: »

No, you don't seem to understand, he doesn't want the points. So there should be some way that he doesn't have to get the points, know what I mean?

Let her take the points then, I mean maybe she was cough driving?

To Elland Back · 30-10-2015 3:57pm

bladespin wrote: »

It's a little worrying how many seem afraid to challenge something like this, even a question about it seems to draw the 'shut up and take your medicine' gunslingers out, OP just asked a question, this is no place for high horsing.

The OP has not denied her husband committed the offence. No high horsing here. If she felt that an injustice was being committed and asking for guidance on that it would be a reasonable request.

Perhaps we should have more personal responsibility as a society and 'shut up and take our medicine' when we are wrong. Perhaps there would be more justice for everybody to avail of

smash · 30-10-2015 4:01pm

bucketybuck wrote: »

No, you don't seem to understand, he doesn't want the points. So there should be some way that he doesn't have to get the points, know what I mean?

He should pass the points to the OP and claim his wife was driving. Issue sorted...

duffman3833 · 30-10-2015 4:01pm

Person was caught speeding, you have to accept the fine and points. This could have been avoided if person slowed down. Simple

bucketybuck · 30-10-2015 4:03pm

bladespin wrote: »

It's a little worrying how many seem afraid to challenge something like this, even a question about it seems to draw the 'shut up and take your medicine' gunslingers out, OP just asked a question, this is no place for high horsing.

I bet you apply the same standard to drink drivers, drug dealers and rapists.

Sure they only broke the law like, there must be some way around it!!!

smash · 30-10-2015 4:13pm

duffman3833 wrote: »

Person was caught speeding, you have to accept the fine and points. This could have been avoided if person slowed down. Simple

bucketybuck wrote: »

I bet you apply the same standard to drink drivers, drug dealers and rapists.

Sure they only broke the law like, there must be some way around it!!!

Ah, now I remembered why I stopped frequenting the motors forum.

There you go folks, 10km over the limit and sure they should have been going slower but they weren't so they might as well be dealing drugs and drink driving and raping people.

70kmph in a 60kmh fine

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