Unsure of Garda actions

rarariot

Hey Boards, I have a quick question which might require some knowledge of the legal system.

A buddy of mine was using his phone when he was driving today (totally stupid, I know), and when he came to a set of traffic lights, a car pulled up beside him and the driver strated roaring at him. My mate pulled down his window, and the guy flashed a badge at him.

My friend asked if he should pull over, and the Garda said no and shouted at him that he should expect penalty points in the post, at the least. My friend asked again if he wanted him to pull over to issue him with whatever warning or points, and the Garda said not to pull over, and just drove off.

The thing is, the Garda just flashed a badge at him, so my buddy has no idea if he was actually a Garda or not. The guy was driving his own civilian car, it wasn't a squad car, or an unmarked car. He didn't flash any blue lights, or pull my friend over to the side of the road. He wasn't wearing a Garda uniform.

Can my friend still be issued with these penalty points for using his phone in these circumstances? He wasn't pulled over, given a warning, he basically just had some (probably off-duty and on his way home) Garda giving him an earful.

If anyone could shed any light at all on this, it would be appreciated. Thanks.

tnegun

AFAIK you only have to be seen using the phone to get the points. I'm pretty sure something very similar happened a friend a few years back and he got the points.

rarariot

Crap. I kind of thought that too. Is the Garda allowed to just jot down a license plate when he's driving off duty, go home, and then report it the following day? It's a bit weird

tnegun

Pretty much their powers are 24/7 also not all unmarked cars are kitted out with lights/radios so may well have been on duty in a state car.

Paulw

rarariot wrote: »

Is the Garda allowed to just jot down a license plate when he's driving off duty, go home, and then report it the following day?

Yes.

Maybe your friend will now not use his phone when driving. Might teach him a lesson.

Mr Whom

rarariot wrote: »

Crap. I kind of thought that too. Is the Garda allowed to just jot down a license plate when he's driving off duty, go home, and then report it the following day? It's a bit weird

Why is it weird? The law is being enforced and a dangerous wrong doer is being punished.

rarariot

Mr Whom wrote: »

Why is it weird? The law is being enforced and a dangerous wrong doer is being punished.

Alright Captain high & mighty, thanks for the input.

Mr Whom

rarariot wrote: »

Alright Captain high & mighty, thanks for the input.

No problem. Let's hope your "pal" has learned his lesson for all our sakes.

Bigus

So called Garda doesn't know who was driving the car , could've been a mechanic fixing it for all he knows, so this was just a warning .

Little CuChulainn

Bigus wrote: »

So called Garda doesn't know who was driving the car , could've been a mechanic fixing it for all he knows, so this was just a warning .

That's why fixed charge penalty forms have a section to nominate the driver.

Ronan H

As I understand it, the Garda must explain to you what the offence is and what you are being "charged with" as such.

To be honest anyway, it sounds like someone having a laugh. I'd be extremely surprised if you receive anything in the post.

Any chance you would let us know how it pans out over the next few weeks if you receive anything? It'd be interesting to see if anything happens.

rarariot

@Ronan H That's exactly what my friend was wondering about. He was under the impression that the Garda would have had to caution him, or explain to him why he was being pulled over. He offered twice to pull over but the Garda basically just kept on roaring at him through the window of his own car. So from his point of view, if any points are applied he's wondering if they can be contested because he was never actually cautioned with any motoring offence as such.

Just a note to other people commenting, I wasn't driving the car. I don't speak on the phone and drive. So give up with the high horse approach. I'm asking if the Garda approached the matter in the correct way or not, I'm not condoning "dangerous wrongdoers", jesus.

Delacent

I doubt it was a garda. Some high and mighty busy body who took umbrage.

If it was a garda and he was off duty, then nowt will come of it. - Would surprise me as most gardai switch off when off duty unless its a serious problem.

If it was unmarked car, they'd have stopped the car and taken details.

Finally, it would be very rare for a garda to scream out a window like some enraged lunatic. They have rules to follow as well.

I wouldn't worry about it.

Little CuChulainn

rarariot wrote: »

@Ronan H That's exactly what my friend was wondering about. He was under the impression that the Garda would have had to caution him, or explain to him why he was being pulled over. He offered twice to pull over but the Garda basically just kept on roaring at him through the window of his own car. So from his point of view, if any points are applied he's wondering if they can be contested because he was never actually cautioned with any motoring offence as such.

Just a note to other people commenting, I wasn't driving the car. I don't speak on the phone and drive. So give up with the high horse approach. I'm asking if the Garda approached the matter in the correct way or not, I'm not condoning "dangerous wrongdoers", jesus.

Of course it can be contested. I don't think he has any case but he should consult a solicitor for a professional opinion. Make sure to mention if he was wearing his hat at the time.

cloloco

Ronan H wrote: »

As I understand it, the Garda must explain to you what the offence is and what you are being "charged with" as such.

To be honest anyway, it sounds like someone having a laugh. I'd be extremely surprised if you receive anything in the post.

Any chance you would let us know how it pans out over the next few weeks if you receive anything? It'd be interesting to see if anything happens.

Dont think this is true, you can get penalty points and fixed fine for a number of offences.

Sometimes you wont know anything about it until the notice arrives in the post e.g. a speeding fine and points

me_irl

rarariot wrote: »

Just a note to other people commenting, I wasn't driving the car. I don't speak on the phone and drive. So give up with the high horse approach. I'm asking if the Garda approached the matter in the correct way or not, I'm not condoning "dangerous wrongdoers", jesus.

"The poster doth protest too much methinks!" :pac:

I'd say it was just a warning.

But at least it won't be a surprise if he receives anything in the post!

rarariot

Hopefully it's just a warning!!

Sorry for not quoting ye all properly in my replies, I quit the site a couple of years ago and have lost all ability to post properly