Penalty Points - unintentionally speeding.

vanman99

I think i know the answer but i'll ask any. Can stupidity be used as defense against penalty points, i was unintentionally speeding. I've been driving a long time, got my first points and fine in the post. I was driving an unfamiliar car, i knew the van was there, i assumed i put on my cruise control at the speed i was doing which was under 50, as i passed the van realized i pressed the other button on cruise control which has the memory of the previous use so obviously the car sped up before i noticed and at that stage i was past the van. ??

EagererBeaver

No. Accept your points and pay the fine.

vicwatson

EagererBeaver wrote: »

No. Accept your points and pay the fine.

And pay the increased insurance premium (loading) each year for the next three years:mad:

coylemj

vanman99 wrote: »

Can stupidity be used as defense against penalty points....

Given the general mod deletion standard of driving in this country, if the legal system allowed a plea of stupidity as a valid defence for a driving offence, it would result in nobody ever being convicted of anything.

Pay the fine.

EagererBeaver

vicwatson wrote: »

And pay the increased insurance premium (loading) each year for the next three years:mad:

Some insurers will let you off with your first set of points.

Kimbot

Nope, you were speeding, you were caught so just accept the fine and move on.

davej

So you are pleading your case by admitting that due to ignorance you did not have full control of the vehicle at the time of the speeding offence ?

I love Sean nos

Wait and see if anything arrives first.

barneystinson

I love Sean nos wrote: »

Wait and see if anything arrives first.

Go back and read the OP again. Specifically the bit where he says he got the notice in the post.

vanman99

Came in the post today....

I love Sean nos

barneystinson wrote: »

Go back and read the OP again. Specifically the bit where he says he got the notice in the post.

Yeah, missed that bit.

GM228

vanman99 wrote: »

I think i know the answer but i'll ask any. Can stupidity be used as defense against penalty points, i was unintentionally speeding. I've been driving a long time, got my first points and fine in the post. I was driving an unfamiliar car, i knew the van was there, i assumed i put on my cruise control at the speed i was doing which was under 50, as i passed the van realized i pressed the other button on cruise control which has the memory of the previous use so obviously the car sped up before i noticed and at that stage i was past the van. ??

Weather you intentionally or accidently speed does not matter, all that matters is that you broke the speed limit.

Speeding is what is known as a strict liability offence - intent is irrelevant.

vicwatson

EagererBeaver wrote: »

Some insurers will let you off with your first set of points.

And some will load primary policy holder where a second named person has points, even where primary policy holder has no points:mad:

Danbo!

vanman99 wrote: »

Came in the post today....

Just pay it. I passed a van back in Feb and thought I was just over the limit but no fine arrived. Last week a court summons arrived for non payment of fine. 110 in a 100. I'd love the opportunity to pay the fine and get the points now but it's passed and I have to go to court. Apparently lots using the "I didn't get it" defence and judges are getting fed up with it, but I actually didn't.

I love Sean nos

vicwatson wrote: »

And some will load primary policy holder where a second named person has points, even where primary policy holder has no points:mad:

Is that because the second person is insured under that policy?

L1011

vicwatson wrote: »

And pay the increased insurance premium (loading) each year for the next three years:mad:

There is effectively no loading for the points from a single standard offence.

I noticed no loading when I had 6 (I was young and stupid, your honour) compared to 0 now. This was across a range of insurers.

akelly02

vanman99 wrote: »

I think i know the answer but i'll ask any. Can stupidity be used as defense against penalty points, i was unintentionally speeding. I've been driving a long time, got my first points and fine in the post. I was driving an unfamiliar car, i knew the van was there, i assumed i put on my cruise control at the speed i was doing which was under 50, as i passed the van realized i pressed the other button on cruise control which has the memory of the previous use so obviously the car sped up before i noticed and at that stage i was past the van. ??

Hahaha you are some chancer

Bushmanpm

Danbo! wrote:

Just pay it. I passed a van back in Feb and thought I was just over the limit but no fine arrived. Last week a court summons arrived for non payment of fine. 110 in a 100. I'd love the opportunity to pay the fine and get the points now but it's passed and I have to go to court. Apparently lots using the "I didn't get it" defence and judges are getting fed up with it, but I actually didn't.

Please feel free to tell me to jog on for being a stupid foreigner (English) but in the UK the police usually allow speed limit +10% +2MPH before prosecuting to allow for vagaries such as inaccuracy of speedo, tyre size and even tyre pressure. An example is I put over size tyres on my Land Rover and my speedo was around 7-8% below the real speed. I don't know if this is admissible as evidence in Ireland? How old is the vehicle you were driving?
Good luck with the court anyway, speeding tickets SUCK!

freshpopcorn

I unintentionally shot him Garda it wasn't the gun I was used to!

Victor

Bushmanpm wrote: »

Please feel free to tell me to jog on for being a stupid foreigner (English) but in the UK the police usually allow speed limit +10% +2MPH before prosecuting to allow for vagaries such as inaccuracy of speedo, tyre size and even tyre pressure. An example is I put over size tyres on my Land Rover and my speedo was around 7-8% below the real speed. I don't know if this is admissible as evidence in Ireland?

It is admissible as evidence, but it might not be the evidence you might want to submit.

I imagine the situation is similar in the UK, that you can be done for speeding / careless driving if under the speed limit, but the situation (weather, road layout, traffic, pedestrians) wouldn't allow such a speed to be driven safely.

EagererBeaver

vicwatson wrote: »

And some will load primary policy holder where a second named person has points, even where primary policy holder has no points:mad:

Maybe they will. Simple solution though - don't get points.

Danbo!

Bushmanpm wrote: »

Please feel free to tell me to jog on for being a stupid foreigner (English) but in the UK the police usually allow speed limit +10% +2MPH before prosecuting to allow for vagaries such as inaccuracy of speedo, tyre size and even tyre pressure. An example is I put over size tyres on my Land Rover and my speedo was around 7-8% below the real speed. I don't know if this is admissible as evidence in Ireland? How old is the vehicle you were driving?
Good luck with the court anyway, speeding tickets SUCK!

I'm not sure about any allowances but I'm not disputing the speeding at all. I saw the van, looked at speedo and it was reading 110. It's just the fact I didnt receive the fine and now I need to take a day off work and potentially be given 5 points. I think the system is fair, to load fine/points upon non-payment, and it's certainly made me stick well within the speed limits since, it's just I never for the opportunity to pay the fine.

I love Sean nos

Your only defence against the speeding charge is an admission of careless driving. I'd take the speeding rap on the knuckles and get on with life.

D0NNELLY

Come for the speeding, stay for the driving without due care and attention

vanman99

so went to pay my ticket at the post office....barcode not accepted...they hand me a receipt saying Garda Rejected, contact notice office....contacted the notice office..."oh you need to speak to head office"....spoke to head office...."Ticket has been cancelled due to an IT error"....Karma served....thanks universe...

PixelTrawler

Do the euromillions this week!

vanman99

I was thinking the very same thing....