Guards/seatbelt issue

jayjay999

Hi was just looking for a opinion of a incident I had with the guards lately, I was stuck in traffic and there was a car pulled by a unmarked guards car across the road pointing in the other direction,aleast 40 feet or more away from me.i saw the guard looking over at me from the corner of my eye but when the lights went green I pulled off thinking no more of it,but they followed and stopped me, saying they saw me from across the road not wearing my seatbelt(from 40 feet or more away with my window up),I had it on but they were convinced I didn't ,and I had it on when I was stopped.does anyone think i could do anything about this or should I just take the fine nd points and stop complaining??

ace_irl

It's up to the garda to prove you weren't wearing your seatbelt! I would contest it, but only if you were 100% wearing it.

jayjay999

Thanks for the reply,honestly I think it's gonna be hard to prove I was,and a guards word against mine in court is a losing situation all day long,plus there was two guards. The only thing going for me is how far away they were from me and he did say his colleague who was sat in the front sit was the one who spotted me not wearing it because I was wearing a grey jumper nd she couldn't see the colour of the seatbelt against the grey jumper, which is a complete joke in my opinion.

nhunter100

If you were wearing your seatbelt, why would you accept points and a fine? He/she is a Garda, they are as recent events proved not infallible.

ace_irl

I would do further research on it, but my understanding of it is that they would have to prove you were not wearing your seatbelt when they observed you. As you had it on when they pulled you over it seams more then likely you had it on all along.

If you contest it in court, I imagine they can view the dash cam recordings to try get a clearer view and establish this.

Should be noted that it is not unheard of for Garda to issue fines and penalty points to people who gawk at them when they have people pulled over. I've known a view people that got pulled over and issued silly things because of it.

Also if it happened in March there's also a good chance they were just trying to reach their Revenue targets for the first quarter of the month! Probably best not to rely on that one though!

irishrgr

If you feel you are innocent of the offense, then go to court, ask to see the dashcam video. Maybe take some pictures of the relative position of the vehicles (if you can do so safely), one with a driver wearing the belt, one without. Do it at same day & time & weather to prove your point.
Of course given current events, your legal advisor may simply ask for the case to be dismissed!!!!
For us to make a seat belt case, we have to observe the buckle not in the receiver. Not seeing the shoulder belt is enough for a stop, but for the ticket, need to see that buckle.

Little CuChulainn

irishrgr wrote: »

If you feel you are innocent of the offense, then go to court, ask to see the dashcam video. Maybe take some pictures of the relative position of the vehicles (if you can do so safely), one with a driver wearing the belt, one without. Do it at same day & time & weather to prove your point.
Of course given current events, your legal advisor may simply ask for the case to be dismissed!!!!
For us to make a seat belt case, we have to observe the buckle not in the receiver. Not seeing the shoulder belt is enough for a stop, but for the ticket, need to see that buckle.

What dashcam video?

TheShow

Why would you accept points/fine if you were not in the wrong.
contact the garda station and ask to speak to the superintendent, before it even gets to court.
Did you take the gardas details? It sounds pretty ridiculous to me.

Little CuChulainn

TheShow wrote: »

Why would you accept points/fine if you were not in the wrong.
contact the garda station and ask to speak to the superintendent, before it even gets to court.
Did you take the gardas details? It sounds pretty ridiculous to me.

Not sure if you are aware of a big fuss that was made over fines being cancelled. It was quite a popular news story. The result being that contacting the Super to contest a fine is completely pointless now.

dev100

I'd go have my day in court and hire a solicitor and I'd even go so far as send a registered letter to the super of the station stating the guards were either lying or have a sight problem and that you would be contacting the relevant authorities to contest the lie and will also be putting in a formal complaint about the individuals. **** that accept something that you haven't done / increase your insurance etc. Those type of guards are Arseholes. It gives the good ones a bad name because of it.

sparrowcar

I went to court on a fine for a reckless driving accusation which came from a abusive female guard who made an error in her reading of a situation.

She didn't show twice on 2 separate dates which made me think she knew she was wrong and couldn't stand over her decision in court.

If you feel you're right and have a case then be brave and have your day in court. It's your right.

Pay the fine if you were in the wrong. If you want to contest it reply to the address on the fine, be aware of the is due date as the clock keeps running. If the fine is upheld you can refuse to pay and have your day in court.

If you think the Gardaí are acting maliciously then you can complain to GSOC.

Potential-Monke

Just remember, it's up to the Garda to prove "beyond a reasonable doubt". Give some reasonable doubt to the Judge, and you should get off. I'd imagine a Garda saying they didn't see the belt from 40ft away is hopeful at best.

TallGlass

Little CuChulainn wrote: »

What dashcam video?

This guy is in the states, most of if not all there patrol cars are fitted out with on board cameras inside and out. I'd imagine he think AGS are up to the same standard.

Shield

Best advice below.

Thread closed.

foreign wrote: »

Pay the fine if you were in the wrong. If you want to contest it reply to the address on the fine, be aware of the is due date as the clock keeps running. If the fine is upheld you can refuse to pay and have your day in court.

If you think the Garda? are acting maliciously then you can complain to GSOC.