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Appealing a speeding fine

  • 02-07-2018 12:06pm
    #1
    Registered Users, Registered Users 2 Posts: 426 ✭✭


    Hi all,
    recently got a speeding fine of 80euro and 3 penalty points for doing 109 kmh in a 100kmh zone, i was under the impression that there was a leeway of ten percent to make up for the fact that some cars speedos may be slightly off or whatever. i wouldnt care if i was going 111 kmh or more but to me being fined and getting 3 penalty points for being 9kmh over the limit is a bit harsh, how can i appeal this or is it worth it ?


Comments

  • Registered Users, Registered Users 2 Posts: 7,724 ✭✭✭whippet


    Designator wrote: »
    Hi all,
    recently got a speeding fine of 80euro and 3 penalty points for doing 109 kmh in a 100kmh zone, i was under the impression that there was a leeway of ten percent to make up for the fact that some cars speedos may be slightly off or whatever. i wouldnt care if i was going 111 kmh or more but to me being fined and getting 3 penalty points for being 9kmh over the limit is a bit harsh, how can i appeal this or is it worth it ?

    Speeding is speeding

    Your speedo in your car usually over estimates your speed so it was probably showing about 115-120kph


  • Registered Users, Registered Users 2 Posts: 9,597 ✭✭✭tossy


    Are you sure it wasn't your cousin in America driving your car while he was over on holidays?


  • Registered Users, Registered Users 2 Posts: 25,650 ✭✭✭✭coylemj


    Designator wrote: »
    i was under the impression that there was a leeway of ten percent to make up for the fact that some cars speedos may be slightly off or whatever.

    Car speedos universally overstate your speed for reasons of safety and so you can't sue the manufacturer if you're done for speeding. Which means that the logic you are trying to use is actually against you, your speedo was probably showing well over 109 so you have no excuse.
    Designator wrote: »
    how can i appeal this or is it worth it ?

    Go to court and see if the judge accepts your 'explanation'. If you fail to impress him/her, the points will double so the answer is no, it's not worth it.


  • Registered Users, Registered Users 2 Posts: 81,220 ✭✭✭✭biko


    tossy wrote: »
    Are you sure it wasn't your cousin in America driving your car while he was over on holidays?
    AFAIK - it don't matter, the owner is the person who needs to pay.
    If some "cousin" drove it then driver needs to send the fine to him//her.


  • Moderators, Education Moderators, Sports Moderators Posts: 11,047 Mod ✭✭✭✭artanevilla


    The van is more accurate than your speedo. Legally there is no leeway, 101kmph is speeding and you could be fined for it.


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  • Closed Accounts Posts: 7,480 ✭✭✭wexie


    biko wrote: »
    AFAIK - it don't matter, the owner is the person who needs to pay.
    If some "cousin" drove it then driver needs to send the fine to him//her.

    But what would happen to the points in that hypothetical scenario?

    Seems these days 3 points (unless they are your first ones) are a much heavier penalty than 80 quid.


  • Registered Users, Registered Users 2 Posts: 1,545 ✭✭✭Green_Martian


    tossy wrote: »
    Are you sure it wasn't your cousin in America driving your car while he was over on holidays?

    Or one of your Grandparents who doesn't drive but has a provisional licence :rolleyes:


  • Registered Users, Registered Users 2 Posts: 6,545 ✭✭✭dobman88


    Seems you have trouble sticking to speed limits

    https://touch.boards.ie/thread/2057665998/1


  • Registered Users, Registered Users 2 Posts: 25,650 ✭✭✭✭coylemj


    dobman88 wrote: »
    Seems you have trouble sticking to speed limits

    https://www.boards.ie/thread/2057665998/1

    +1 that link doesn't work.

    OP clearly has a problem understanding speed limits, this from November 2016 ....

    2-11-2016 ......
    Designator wrote: »
    So last night I was coming down the cork to mallow road just gone blarney and was doing 110km/hr , just 10km\hr over the limit and passed a speed camera van.
    Will I be expecting penalty points and a fine? Or do they usually not bother if it's just 10km over the limit?

    https://www.boards.ie/vbulletin/showpost.php?p=101533929&postcount=1


  • Registered Users, Registered Users 2 Posts: 1,588 ✭✭✭con___manx1


    The van is more accurate than your speedo. Legally there is no leeway, 101kmph is speeding and you could be fined for it.

    No u cant there is leeway but its only 5k 106 is a fine in 100k zone


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  • Registered Users, Registered Users 2 Posts: 426 ✭✭Designator


    coylemj wrote: »
    +1 that link doesn't work.

    OP clearly has a problem understanding speed limits, this from November 2016 ....

    2-11-2016 ......



    https://www.boards.ie/vbulletin/showpost.php?p=101533929&postcount=1

    Sorry for breaking the law at least twice, youve obviously done zero wrong in your life ever :rolleyes:


  • Registered Users, Registered Users 2 Posts: 876 ✭✭✭TheBully


    So basically, you were over the speed limit, got caught, and you want to appeal it because you were not really speeding?

    If you Appeal it you will get double the points, because you were speeding.


  • Closed Accounts Posts: 4,121 ✭✭✭amcalester


    Designator wrote: »
    Sorry for breaking the law at least twice, youve obviously done zero wrong in your life ever :rolleyes:

    At least 3 times to be fair, you had 2 penalty points before your last speeding offence.


  • Registered Users, Registered Users 2 Posts: 426 ✭✭Designator


    amcalester wrote: »
    At least 3 times to be fair, you had 2 penalty points before your last speeding offence.
    Tbh I find that quite pathetic that youd read up on someones past posts just for the purpose to see how many times they had speeding issues. You must live a very exciting life :)


  • Closed Accounts Posts: 4,121 ✭✭✭amcalester


    Designator wrote: »
    Tbh I find that quite pathetic that youd read up on someones past posts just for the purpose to see how many times they had speeding issues. You must live a very exciting life :)

    What's really pathetic is the lengths some people will go to to justify their speeding.

    You were speeding and got caught, now take your medicine.


  • Registered Users, Registered Users 2 Posts: 2,744 ✭✭✭marieholmfan


    If the points will take away your livelihood talk to a lawyer. Otherwise pay up , shut up and stump up (for the increase in insurance).


  • Registered Users, Registered Users 2 Posts: 426 ✭✭Designator


    amcalester wrote: »
    What's really pathetic is the lengths some people will go to to justify their speeding.

    You were speeding and got caught, now take your medicine.
    Get the **** over it you little keyboard warrior and find something else to do rather than trying to act like such a law abiding citizen online :p


  • Closed Accounts Posts: 3,378 ✭✭✭CeilingFly


    all I'll say is you run the risk of getting a judge on a bad day looking at this and thinks what a waste of court time this person is causing - then you get maximum points and maximum fine.

    If it was the Naas court district, I would very very strongly advise challenging it - you;d have a good chance of coming up in front of Desmond Zaiden and he is known to throw the book at time wasters and rarely believes the cock and bull excuses people give him.


  • Registered Users, Registered Users 2 Posts: 51,411 ✭✭✭✭bazz26


    OP, there is no written rule that there is a 10% buffer on speed limits. A Garda might apply some sort of leeway but it's totally down to their discretion, they are not obliged to do so. Speed cameras have no such discretion.

    You can appeal it, its your right to do so but I cannot see you being successful using the urban legend 10% rule as a defense. As for your cars's speedometer, it's intentionally calibrated to run over the actual speed for safety reasons so if if you were caught doing 109 kph then your speedo must have been showing about 115 kph at the time you were caught so I wouldn't be mentioning that in any appeal either. So unless you have water tight defense you are just going to get additional points and fine with a failed appeal otherwise take your punishment on the chin, pay the fine and learn from it.

    And I don't think anyone here is on their high horse around speeding, nobody can say they never broke the speed limit but if you do get caught then there is very little to complain about or anyone else to blame.


  • Registered Users, Registered Users 2 Posts: 2,674 ✭✭✭Skatedude


    Designator wrote: »
    Tbh I find that quite pathetic that youd read up on someones past posts just for the purpose to see how many times they had speeding issues. You must live a very exciting life :)

    The judge will also look up your previous speeding issues as well and take them into account too.


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  • Registered Users, Registered Users 2 Posts: 25,650 ✭✭✭✭coylemj


    Designator wrote: »
    Tbh I find that quite pathetic that youd read up on someones past posts just for the purpose to see how many times they had speeding issues. You must live a very exciting life :)

    The facility to look at a poster's previous posts is there precisely so that hypocrites who come on acting the innocent can be exposed.

    It was explained to you in the previous thread that car speedos always overstate the speed, yet you come along here acting as if you're a complete noob to the area...
    ForestFire wrote: »
    Car speedometers are purposely set on the faster seed tolerances only.

    A car speedometer cannot tell you that you are going slower than what you are actually doing due to safety etc.

    Then can however tell you you are going fast than you actual speed and this is they way they are set up with their tolerances


  • Registered Users, Registered Users 2 Posts: 426 ✭✭Designator


    coylemj wrote: »
    The facility to look at a poster's previous posts is there precisely so that hypocrites who come on acting the innocent can be exposed.

    It was explained to you in the previous thread that car speedos always overstate the speed, yet you come along here acting as if you're a complete noob to the area...
    Where did I ever state that I was innocent in all this ? I simply asked a question. Apologies I didnt remember I posted something similar from about two years ago you sad sad man :pac:


This discussion has been closed.
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