Disagree with Garda evidence

jayjay999

Hi,I was stopped by a guard back in April for not wearing a seatbelt which I was planning on contesting in court eventually .the fixed penalty notice arrived soon after but for a different allegation of holding my mobile phone while driving which I wasn't.. I didn't pay the fixed notice nd eventually the summons arrived. In the time between the summons arriving and the day of the case in court I did try nd contact the guard but had no joy for different reason.in court he completely lied explaining to the judge how he clearly saw me holding my phone ,the judge asked me my plea,which I replied not guilty and tried to explain my case, he was having none of it and completely sided with the guard,I was shocked nd not ready to give evidence so it was over quickly unfortunately. I'm seriously thinking about appealing and hiring a solicitor and trying to explain my case better. I'm just looking for any opinions or similar situations people may have or suggestions. Thanks

The Pheasant2

Think you probably should've hired that solicitor in the first place.

Not surprising to hear a judge taking the word of a Garda over your own in a "he said she said" situation.

tedpan

Unfortunately you should have hired a solicitor in the first place.


I had a summons for doing 75 in a 50 a few years ago, thought it wasn't serious so didn't get a solicitor. 300 fine and 5 points within 5 minutes of being in the court.

SuperSean11

Did you not have a piece of paper with the offence that the guard gave you when he first stopped you?

nuac

MOD
Title of thread amended for fairness

GavMan

SuperSean11 wrote: »

Did you not have a piece of paper with the offence that the guard gave you when he first stopped you?

I don't think you get anything. You just get told you'll be getting the FPN in the post. It's been a number of years since I was stopped for anything.

jayjay999

GavMan wrote: »

I don't think you get anything. You just get told you'll be getting the FPN in the post. It's been a number of years since I was stopped for anything.

Ya unfortunately I got nothing, only thing I'm thinking is if it goes to the circuit court the judge will have the power to look at the guards notes where hopefully he'll see the guard was dealing with me for a seatbelt roadstop,obviously tho I knw this can probably be altered

Pat Mustard

jayjay999 wrote: »

I replied not guilty and tried to explain my case, he was having none of it and completely sided with the guard,I was shocked nd not ready to give evidence so it was over quickly unfortunately. I'm seriously thinking about appealing and hiring a solicitor and trying to explain my case better.

Did you explain your version of events in court?

Mr. Incognito

If you go to Court get a solicitor.

You might have a chance on appeal but it is much much much more expensive.

Think 5K or so.

A solicitor on the day would have been €200 odd and probably would have gotten it thrown out.

Life lesson.

jayjay999

Mr. Incognito wrote: »

If you go to Court get a solicitor.

You might have a chance on appeal but it is much much much more expensive.

Think 5K or so.

A solicitor on the day would have been €200 odd and probably would have gotten it thrown out.

Life lesson.

5k???really would it be in the ball park of that?

Claw Hammer

jayjay999 wrote: »

5k???really would it be in the ball park of that?

Not for a District Court Appeal. A Legal Aid solicitor would do it for a few hundred.

Mr. Incognito

Claw Hammer wrote: »

Not for a District Court Appeal. A Legal Aid solicitor would do it for a few hundred.

Legal Aid is backed up and wont touch this type of case.

Circuit Court Appeal. Yes. 5K in or around.

Really Interested

Mr. Incognito wrote: »

Legal Aid is backed up and wont touch this type of case.

Circuit Court Appeal. Yes. 5K in or around.

What are you talking about.

If the matter was eligible for legal aid there is no waiting time as a judge will grant legal aid.

If legal aid not available because the issue not serious enough or the defendant earns too much then many solicitors will do the case for legal aid rates a few hundred euro and same for appeal.

Even a drink driving case would not command 5k on appeal. If you are in the business and getting 5k for a DC appeal well fair play but from experience tops would be 2k on a difficult appeal for solicitor and barrister maybe push 3k but that would be because a lot of work.

There is no way in my opinion that a no seatbelt or using a mobile phone would get 5k on appeal.

Pat Mustard

jayjay999 wrote: »

5k???really would it be in the ball park of that?

Go and make an appointment with a solicitor who has a District Court practice and ask for an estimate for a criminal appeal to the Circuit. It can be done for a fraction of €5k.

EndaHonesty

Mr. Incognito wrote: »

Legal Aid is backed up and wont touch this type of case.

Circuit Court Appeal. Yes. 5K in or around.

You are incorrect and should stop posting about this when you don't know what you're talking about.

I appealed a traffic case and it cost approx. €600.

Similar case too, judge wouldn't accept my evidence in original sitting. Appealed and won.

Claw Hammer

Legal aid would not be given for an offence of such a minor nature whatever the applicants means. A solicitor who does legal aid work will take on such a case or else instruct counsel to deal with it. A few hundred euro is plenty.