Garda accuses you of being on the phone driving when you werent and you get a fine

LotharIngum

This has happened to me before.
Garda stops you and gives you a fine for being on the phone while driving and you were not at all. You cant do anything about it because his word will be taken about it.

Im not the only person its happened to either.

So the same thing happens to a friend the other day except the garda didn't cop on that said friend had a dashcam and it recorded front, back and sound. The garda was very nasty to him and slapped him with a fine for being on the phone while driving. Friend went home and checked the video and its all there to prove his innocence but since yer man was so mean to him he wants to do as much damage as possible.

So he wants to go to court and either produce the video there or just go ahead and get the summons and then send the paper to the papers or put it on social media. Basically he is trying to figure out how to do the most damage to this particular gard and to highlight this sharp practice. He doesn't care if it costs him points or fines.

Has anyone else ever been accused f doing something by a garda that they didn't and still got punished for the non crime?

laotg

How are cameras pointing front and back going to prove your friend was not holding a phone whilst driving?

pleas advice

I'd fight it all the way, just on principle.

Wouldn’t the call or text log prove you was or wasn’t on phone?

CiarraiAbu2

Don't you go to court if you fail to pay the fine.

Captain Obvious

CiarraiAbu2 wrote: »

Don't you go to court if you fail to pay the fine.

Yes, and the penalty is increased too.

Strawberry Milkshake wrote: »

Wouldn’t the call or text log prove you was or wasn’t on phone?

Not with apps like What's App in play. In any case, the offence is holding the phone, you don't have to actually use it.

spurious

Looking for a way to create most trouble for the guard is not the smart way to go about it.

Presumably what your friend wants is the charge done away with as he did not do it and apparently has proof that he did not.

I would make an appointment with the local sergeant. I wouldn't go on some witch-hunt. The guard being nasty, while not great, could have had many causes and long-term I suspect going after the guard is not what your friend wants either.

SteM

"do as much damage as possible" ffs. Tell your friend that in real life things don't work like they do on the telly.

Just go down to the station with the video and see what the superintendent says maybe?

Renegade Mechanic

pleas advice wrote: »

I'd fight it all the way, just on principle.

Just be ready if you win. You might walk out after it all, sit into your car, start it to let the air-con work for a minute or two and call someone to let them know how it went and be promptly issued two fixed notices for using a phone in a car and not having a seat belt on because to the letter of the law, your engine was running and you were on a public road.

Laws are for little people.

oLoonatic

Go speak with the guard and show the footage. and for the love of jasus dont post the video anywhere.

padd b1975

Tell him you were traveling.

LotharIngum

spurious wrote: »

Looking for a way to create most trouble for the guard is not the smart way to go about it.

Presumably what your friend wants is the charge done away with as he did not do it and apparently has proof that he did not.

I would make an appointment with the local sergeant. I wouldn't go on some witch-hunt. The guard being nasty, while not great, could have had many causes and long-term I suspect going after the guard is not what your friend wants either.

No, he definitely wants to make the gardai pay publicly.
Not what id do. Id be too scared of the gardai coming after me McBrearty style and would just leave it.

I saw the video.
The cop was very nasty alright but the crux of the matter is that the inside of the car is recorded clears showing him just driving along. He gets stopped and asked why he thinks he was stopped. He says he has no idea. The cop starts mouthing off and telling him he saw him on the phone.
So he just says, I can assure you I wasn't on the phone. I never use the phone while im driving.

The cop says "Don't think im an idiot. I clearly saw you holding a phone to your ear and talking. Are you calling be a liar?"

He just says no, but you didn't see me with the phone to my ear. Its in my pocket. Would you like to check it?

Loads more abuse and expletives and a fine and told not to be such a smart c%nt on future and hes lucky all he is getting is done for the phone.

Friend was clearly upset and shaken and then realized he had the whole thing recorded which he checked when he got home.

So now he says he is on a mission. Hes a bit autistic like that and he will for sure follow through big time. Id say expect to see the video up on the net, but only after he gets the summons etc. because along with the video he says he will put up tickets, fines and a video diary.

I know him. He wont calm down about this. ever.

dudara

Yes, being vindictive to a Garda is going to end well.

Seriously, he needs to make a complaint to the appropriate ranking officer. Use the proper channels first, rather than being all snowflakey and vindictive in the media.

Mr. Incognito

Was he wearing his hat?

aluminium

take your complaint to the member in charge, in the first instance, then call caple street (GESOC)

Cee-Jay-Cee

LotharIngum wrote: »

This has happened to me before.
Garda stops you and gives you a fine for being on the phone while driving and you were not at all. You cant do anything about it because his word will be taken about it.

Im not the only person its happened to either.

Did you show him your phone and allow him to examine the recent call activity? If not then case closed and you are guilty as charged.

Your friends case is different, he has evidence, you had none.

lertsnim

LotharIngum wrote: »

This has happened to me before.
Garda stops you and gives you a fine for being on the phone while driving and you were not at all. You cant do anything about it because his word will be taken about it.

Im not the only person its happened to either.

So the same thing happens to a friend the other day except the garda didn't cop on that said friend had a dashcam and it recorded front, back and sound. The garda was very nasty to him and slapped him with a fine for being on the phone while driving. Friend went home and checked the video and its all there to prove his innocence but since yer man was so mean to him he wants to do as much damage as possible.

So he wants to go to court and either produce the video there or just go ahead and get the summons and then send the paper to the papers or put it on social media. Basically he is trying to figure out how to do the most damage to this particular gard and to highlight this sharp practice. He doesn't care if it costs him points or fines.

Has anyone else ever been accused f doing something by a garda that they didn't and still got punished for the non crime?

Your friend sounds like a dickhead.

Mint Sauce

Go down to the local garda station, ask for the superintendent, if no joy there, and he is certain he was not on the phone, and has the video proof, let it go to court, and the Judge will give him (the guard) a bollocking for your friend.

Mr. Incognito wrote: »

Was he wearing his hat?

The Guard or the OPs friend?

Ten of Swords

LotharIngum wrote: »

Basically he is trying to figure out how to do the most damage to this particular gard and to highlight this sharp practice. He doesn't care if it costs him points or fines.

He is literally considering all this nonsense because he got a fine, so yeah he does care!

Go to the station and sort if out with the ranking officer, you're friend is inviting a heap of trouble on himself trying to "do as much damage as possible to the garda". The video might be a talking point online for about 48 hours before disappearing into internet obscurity but I have a feeling the garda's memory might be a bit longer than that

Wildly Boaring

LotharIngum wrote: »

No, he definitely wants to make the gardai pay publicly.
Not what id do. Id be too scared of the gardai coming after me McBrearty style and would just leave it.

I saw the video.
The cop was very nasty alright but the crux of the matter is that the inside of the car is recorded clears showing him just driving along. He gets stopped and asked why he thinks he was stopped. He says he has no idea. The cop starts mouthing off and telling him he saw him on the phone.
So he just says, I can assure you I wasn't on the phone. I never use the phone while im driving.

The cop says "Don't think im an idiot. I clearly saw you holding a phone to your ear and talking. Are you calling be a liar?"

He just says no, but you didn't see me with the phone to my ear. Its in my pocket. Would you like to check it?

Loads more abuse and expletives and a fine and told not to be such a smart c%nt on future and hes lucky all he is getting is done for the phone.

Friend was clearly upset and shaken and then realized he had the whole thing recorded which he checked when he got home.

So now he says he is on a mission. Hes a bit autistic like that and he will for sure follow through big time. Id say expect to see the video up on the net, but only after he gets the summons etc. because along with the video he says he will put up tickets, fines and a video diary.

I know him. He wont calm down about this. ever.

So he has a video of himself driving.
I call bull****

Kevin Finnerty

SteM wrote: »

"do as much damage as possible" ffs. Tell your friend that in real life things don't work like they do on the telly.

Just go down to the station with the video and see what the superintendent says maybe?

This. You come up against the wrong judge on a bad day he'd do you for wasting court time too.

Renegade Mechanic

lertsnim wrote: »

Your friend sounds like a dickhead.

Hi, Garda. Couldn't agree more. A nice dose of "Tusla investigation" ought to soften his cough, right?

B-D-P--

20 posts, And nobody actually offering advice on OP's desire.

If he wants to do as much damage as he can, let him.
I wish I had advice to give, but no experience. sorry

lertsnim

Renegade Mechanic wrote: »

Hi, Garda. Couldn't agree more. A nice dose of "Tusla investigation" ought to soften his cough, right?

Haha you called me a Garda. You're funny.

SteM

Wildly Boaring wrote: »

So he has a video of himself driving.
I call bull****

My neighbour is a taxi driver and he has a camera that straps over the rear view mirror. It has a camera pointing at the road and a camera pointing back into the car. I checked and they're pretty cheap on Amazon.

Renegade Mechanic

lertsnim wrote: »

Haha you called me a Garda. You're funny.

Standard fare of discourse. Now if you'll excuse me, I've about three years of back-tax to quickly put someone else's name on

LotharIngum

Cee-Jay-Cee wrote: »

Did you show him your phone and allow him to examine the recent call activity? If not then case closed and you are guilty as charged.

Your friends case is different, he has evidence, you had none.

That happened to me many years ago. At the time I told him I would get my phone out my gym bag in the back seat and he could check it but I just got the fine and paid it because it was my word against his and I wasn't going to win that.

Has this seriously never happened to anyone else? I thought it was very common.

eagle eye

lertsnim wrote:

Your friend sounds like a dickhead.

I'm not sure this is fair. If he was abused by the Garda and basically treated like a criminal without doing anything wring then he has every reason to be up to and including furious.
There are loads of defense solicitors and barristers who'd love to take this up for free. It'd be worth it to them long term as it could end up changing the law where one Garda on his own can't bring somebody to court and have them convicted.
I think this would be a good thing.

Muckka

LotharIngum wrote: »

No, he definitely wants to make the gardai pay publicly.
Not what id do. Id be too scared of the gardai coming after me McBrearty style and would just leave it.

I saw the video.
The cop was very nasty alright but the crux of the matter is that the inside of the car is recorded clears showing him just driving along. He gets stopped and asked why he thinks he was stopped. He says he has no idea. The cop starts mouthing off and telling him he saw him on the phone.
So he just says, I can assure you I wasn't on the phone. I never use the phone while im driving.

The cop says "Don't think im an idiot. I clearly saw you holding a phone to your ear and talking. Are you calling be a liar?"

He just says no, but you didn't see me with the phone to my ear. Its in my pocket. Would you like to check it?

Loads more abuse and expletives and a fine and told not to be such a smart c%nt on future and hes lucky all he is getting is done for the phone.

Friend was clearly upset and shaken and then realized he had the whole thing recorded which he checked when he got home.

So now he says he is on a mission. Hes a bit autistic like that and he will for sure follow through big time. Id say expect to see the video up on the net, but only after he gets the summons etc. because along with the video he says he will put up tickets, fines and a video diary.

I know him. He wont calm down about this. ever.

I'd love to see the video.

q85dw7osi4lebg

Poor Garda just trying to hit his quota.

LotharIngum

dudara wrote: »

Yes, being vindictive to a Garda is going to end well.

Seriously, he needs to make a complaint to the appropriate ranking officer. Use the proper channels first, rather than being all snowflakey and vindictive in the media.

He has a been in his bonnet about the gardai getting away with things and this is the first time ever he feels he has them by the ghoulies and hes going to follow it up.

I actually said to him that he could easily just get the ticket quashed with that video (its a split screen looking forward and back at the same time). But as I said, he is on the spectrum and this is his new mission. He wont quit it. And he believes that he is doing the public a favour by exposing this behavior. If he just goes to the super ot the gard it will just get brushed under the carpet and this kind of stuff will continue. And hes probably right.

I didn't help by telling him about the time it happened me, but I doubt that would have made a difference at all tbh.

I cant say im not amused by the while thing and curious to see how far it goes.

SEPT 23 1989

Happened to my wife

You were on the phone

I don't have a phone with me in the car

I saw you on the phone

No phone in the car it's at home

He starts losing the head and proceeds to search the car and when he finds no phone he then pats her down

She went straight down to the local station and made a complaint

LotharIngum

SEPT 23 1989 wrote: »

Happened to my wife

You were on the phone

I don't have a phone with me in the car

I saw you on the phone

No phone in the car it's at home

He starts losing the head and proceeds to search the car and when he finds no phone he then pats her down

She went straight down to the local station and made a complaint

And I bet nothing came of the complaint.

Fr Tod Umptious

Why does this always happen to someone's friend and not anyone who posts here.

OP get your friend to edit the video, blur faces etc and post it here.

Tom Mann Centuria

Guard was probably a dick, OPs friend has a problem with guards anyway, so he was probably a dick. Scoredraw. Move on.

LotharIngum

Fr Tod Umptious wrote: »

Why does this always happen to someone's friend and not anyone who posts here.

OP get your friend to edit the video, blur faces etc and post it here.

I'll post a link to the video and the whole story when he puts it up or if it goes to a newspaper. I think he wants to have his day in court first and get his points and fine to heighten the impact.

Captain Obvious

SteM wrote: »

My neighbour is a taxi driver and he has a camera that straps over the rear view mirror. It has a camera pointing at the road and a camera pointing back into the car. I checked and they're pretty cheap on Amazon.

I have one myself. It doesn't see my lap or hands though. It's focus seems to be on the rear and passenger seats, which makes sense.

LotharIngum

Tom Mann Centuria wrote: »

Guard was probably a dick, OPs friend has a problem with guards anyway, so he was probably a dick. Scoredraw. Move on.

No argument there. He can be a dick for sure. I wouldn't call him a close friends. Just a friend from work really. But he has me tagged as his partner on his quest because when he was talking about it I said that it happened me too. So i'll get the low down of every step of the way im sure and i'll keep ye up to date.

I really posted here just to ask if anyone else had ever got punished for something they actually didn't do.

Ten of Swords

What's your friends YouTube channel called?

Unrelated matter

Asking for a friend...

LotharIngum

Captain Obvious wrote: »

I have one myself. It doesn't see my lap or hands though. It's focus seems to be on the rear and passenger seats, which makes sense.

This is the kind here

https://youtu.be/YRh3_ykQioQ?t=6

LotharIngum

Ten of Swords wrote: »

What's your friends YouTube channel called?

Unrelated matter

Asking for a friend...

Not aware he has a youtube channel tbh

Turbohymac

Don't need to be making a call or texting to get caught by gardai..simply holding the phone in your hand while driving will suffice ..so anyone claiming they weren't on the phone. Ie talking. Or texting and even if they can prove there wasn't any calls /texts sent or received around the time that the alleged offence was committed.. doesn't matter..
I doubt the gardai would just pick some fully law abiding road user and accuse them of a phone offence while driving ...if they indeed weren't holding or messing with their phone while driving
.if indeed your friend can clearly prove that he wasn't near his phone and unless hes got one of his dashcams pointing on himself while he drives then hes talking bulls..t and as the op you're only hearing his side of the story..
Theres. 3 sides to every story his side..the guards side and then the absolute truth... if he was wrong I'd honestly have no issue with the guard giving him a good bollo..ng

eagle eye

Turbohymac wrote:

I doubt the gardai would just pick some fully law abiding road user and accuse them of a phone offence while driving ...if they indeed weren't holding or messing with their phone while driving .

You are suggesting that there isn't one Garda in the country who might do this?

LotharIngum

Turbohymac wrote: »

Don't need to be making a call or texting to get caught by gardai..simply holding the phone in your hand while driving will suffice ..so anyone claiming they weren't on the phone. Ie talking. Or texting and even if they can prove there wasn't any calls /texts sent or received around the time that the alleged offence was committed.. doesn't matter..
I doubt the gardai would just pick some fully law abiding road user and accuse them of a phone offence while driving ...if they indeed weren't holding or messing with their phone while driving
.

He wasn't holding the phone. It was in his pocket.
The video clearly shows his head and shoulders the whole time and it clearly has the audio of yer man swearing at him and telling him he saw him with the phone up to his ear talking into it.
Quote "Don't think im an idiot. I clearly saw you holding a phone to your ear and talking. Are you calling me a liar?"

Total lie as can be seen from the video evidence.
Point is if there was no video evidence that lie becomes the truth.

Gotta go back to work. I'll ask him if he is going to post the video.

Gonad

I would just bring the evidence to court and present it and see what happens .

The judge will obviously take a look and strike it out .

Who knows how many other innocent people have been done by this dickhead and will be done in future .

I honestly think I’d be pissed off too if I got a fine for being completely innocent. If the conversation with the Garda is as stated above, I might well post the video too.

Why should I be punished and fined for someone else’s mistake?

Deebles McBeebles

Whatever about the innocents, I wish they would cop on and concentrate on the thousands of people who are actually on their f*cking phones in their cars. Selfish c*nts.

Captain Obvious

LotharIngum wrote: »

He wasn't holding the phone. It was in his pocket.
The video clearly shows his head and shoulders the whole time and it clearly has the audio of yer man swearing at him and telling him he saw him with the phone up to his ear talking into it.
Quote "Don't think im an idiot. I clearly saw you holding a phone to your ear and talking. Are you calling me a liar?"

Total lie as can be seen from the video evidence.
Point is if there was no video evidence that lie becomes the truth.

Gotta go back to work. I'll ask him if he is going to post the video.

Send it to GSOC.

knucklehead6

Do you see that Garda in the video?

beauf

Captain Obvious wrote: »

Send it to GSOC.

Does anyone have faith that after all the scandals?

https://www.irishtimes.com/opinion/gsoc-has-failed-and-is-not-fit-for-purpose-1.3585708

Floppybits

If I was your mate, I would make a copy of the video and take the copy down to the station and ask to see the ranking officier and show them the video and state that you want an apology from the Guard and the ticket and consequences of the ticket removed and make it formal. Then if you get no joy you can not pay the fine and go to court and produce the evidence and the details of the formal complaint. The judge may throw it out or the Guard may not even turn up. Then you can make a complaint to GSOC the guards details should be on the ticket.

As for people saying the Guard is right, they are not, they are suppose to be a professional organisation and all members of the force should treat all members of public with respect, that's what being professional is, regardless of whether the guard is having a bad day or whatever, they should never think they can act with any less the professionalism when dealing the public. The Members of AGS need to learn this, just because they put on the uniform, it doesn't mean that have a god given right to treat the public as if we are crap on the soles of their shoes.