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

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    #182
    Potential-Monke
    Registered Users Posts: 13,828 ✭✭✭✭Potential-Monke


    STB. wrote: »
    The offence does include touching a phone whilst driving (2014 regs updated this ).

    Nope, from what I can see that SI inserts the offence of sending/receiving a text message while driving, and does not include voice to text. It doesn't include touching, just that touching the phone while sending/receiving a text is illegal. And text message covers SMS, MMS and email.

    You're still allowed to touch your phone for GPS purposes, which is why touching is not illegal unless specifically to send/receive an SMS/MMS/Email.

    Now, I could be wrong and I'm open to correction, but I would require a link specifically showing otherwise, as all I can find is the SI itself:

    S.I. No. 178/2014 - Road Traffic Act 2006 (Restriction on Use of Mobile Phones) Regulations 2014.


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    #183
    tomoliver
    Closed Accounts Posts: 84 ✭✭tomoliver


    twowheelsonly wrote: »
    Personally I'd be going to the Super and making a complaint and I wouldn't produce or mention the video evidence until the very end. Give them seven days to respond and then take it to the media / online. Make it perfeclty clear that you won't be paying the fine and are quite prepared to go to court with it. If it's going to court then obviously don't post it anywhere in advance.

    Lol


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    #184
    Fr Tod Umptious
    Registered Users Posts: 15,034 ✭✭✭✭Fr Tod Umptious


    STB. wrote: »
    The offence does include touching a phone whilst driving (2014 regs updated this ).

    He either saw it or he didn't. Its clear from the video......

    Have I missed something ?

    Has this video been released and have more than the OP seen it

    Because if that is not the case then how on earth can anyone other than the OP say "Its clear from the video...."


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    #185
    STB.
    Registered Users Posts: 5,380 ✭✭✭STB.


    Potential-Monke wrote: »
    Nope, from what I can see that SI inserts the offence of sending/receiving a text message while driving, and does not include voice to text. It doesn't include touching, just that touching the phone while sending/receiving a text is illegal. And text message covers SMS, MMS and email.

    You're still allowed to touch your phone for GPS purposes, which is why touching is not illegal unless specifically to send/receive an SMS/MMS/Email..


    Regardless, you may never hold a mobile phone in one hand and the steering wheel in the other, which is what this Guard was saying in the case being discussed here. Infact it was I clearly saw you holding a phone to your ear and talking. Are you calling be a liar?"


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    #186
    Potential-Monke
    Registered Users Posts: 13,828 ✭✭✭✭Potential-Monke


    STB. wrote: »
    Regardless, you may never hold a mobile phone in one hand and the steering wheel in the other, which is what this Guard was saying in the case being discussed here. Infact it was I clearly saw you holding a phone to your ear and talking. Are you calling be a liar?"

    Which is what I said, it's illegal to hold a phone. I'm not going to comment on the 'facts' because I haven't seen the video myself.


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    #187
    fxotoole
    Registered Users Posts: 1,661 ✭✭✭fxotoole


    4ensic15 wrote: »
    If the o/p makes it known to the guards that he has a video the charge will not be processed. It will never get to court and nothing will happen.

    Or the guards will think he’s bluffing and may decide to call his bluff and take it to court regardless


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    #188
    Jolly Red Giant
    Registered Users Posts: 3,434 ✭✭✭Jolly Red Giant


    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?
    My cousin was in the exact same situation -

    Went to the District Court with his phone log - the judge refused to look at it, took the cop at his word, and imposed a fine.

    My cousin appealed it to the Circuit Court - again the judge refused to look at it - until the solicitor he brought with him stood up and challenged the judge. The judge then tore the cop a new one and threw out the case.

    The Jobstown case proved that cops will say anything in the witness box and you better have video to prove they are giving 'false testimony'.


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    #189
    tomoliver
    Closed Accounts Posts: 84 ✭✭tomoliver


    Jolly Red Giant wrote: »
    My cousin was in the exact same situation -

    Went to the District Court with his phone log - the judge refused to look at it, took the cop at his word, and imposed a fine.

    My cousin appealed it to the Circuit Court - again the judge refused to look at it - until the solicitor he brought with him stood up and challenged the judge. The judge then tore the cop a new one and threw out the case.

    The Jobstown case proved that cops will say anything in the witness box and you better have video to prove they are giving 'false testimony'.

    Most are very fair imo

    The truth is part the justice game, like a commodity so does get abused


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    #190
    STB.
    Registered Users Posts: 5,380 ✭✭✭STB.


    Fr Tod Umptious wrote: »
    Have I missed something ?

    Has this video been released and have more than the OP seen it

    Because if that is not the case then how on earth can anyone other than the OP say "Its clear from the video...."

    Yes you missed the part where you were judge and jury.

    Have you anything to contribute besides being pedantic ??

    I am taking the OP's claims at face value including the alleged direct quotes, which I have re-quoted as part of a discussion.

    If you have anything, anything at all that disputes the veracity of these claims, or anything to indicate its a wind up, then I'm all ears.

    Eitherway it does not require proof for me or you and if it is not a sincere scenario that happened then the question is purely academic. So stop with the whataboutery. I hate this type stuff that attempts to turn a simple question to a prove it situation. Subtly is not your strong point.


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    #191
    ffm
    Registered Users Posts: 252 ✭✭ffm


    Any more happen about this?


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