Query about notice of speeding offense

hawkmoon269

A friend of mine got a notice of a speeding offence in the post. There was no camera footage enclosed, just the notice detailing when and where the offense was alleged to have been committed, etc.

Does anyone know what the position on this is, I thought the guards had to include photographic evidence when sending out notices like this?

Our man in Havana

Nope, but they must supply it on request. What part of the country is this in?
Some areas are not as techno savy as in Dublin. In dublin all you get is a pic of your number plate and no more. If you want to see more you must make an appointment and go see the full pic.

If they don't have the pic they will loose.

Turner

Was he stopped by a gard for speeding before.. In some parts they dont issue tickets they just take your details and you receive the letter in the post.

hawkmoon269

Chief--- wrote:

Was he stopped by a gard for speeding before.. In some parts they dont issue tickets they just take your details and you receive the letter in the post.

No, wasn't stopped. First thing she knew was getting the notice in the post.

hawkmoon269

Bond-007 wrote:

Nope, but they must supply it on request. What part of the country is this in?
Some areas are not as techno savy as in Dublin. In dublin all you get is a pic of your number plate and no more. If you want to see more you must make an appointment and go see the full pic.

If they don't have the pic they will loose.

Yes, it was a country area, in the West.

Thanks for your response. Just to clarify, she wasn't pulled over, first thing she knew was when she got the notice in the post. Assuming that they produce the photo upon request, then there's no point challenging it, correct?

Our man in Havana

Chief--- wrote:

In some parts they dont issue tickets they just take your details and you receive the letter in the post.

That would put them in a tricky situation, unless they stop you how can they prove it was you?

hawkmoon269

Bond-007 wrote:

That would put them in a tricky situation, unless they stop you how can they prove it was you?

I don't think they have to prove you personally were driving the car. The onus is on you to prove someone else was driving it (if that we're the case, which it isn't in this particular case)

Our man in Havana

hawkmoon269 wrote:

I don't think they have to prove you personally were driving the car. The onus is on you to prove someone else was driving it (if that we're the case, which it isn't in this particular case)

What I meant was establishing the identify of the car, could be hard to prove without photographic evidence, the cop could easily make a mistake if the car is travelling at speed.

drdre

just say ur mum or dad (someone old)was driving it as even if they get 2 points on the licence it doesnot make a difference on there insurance but if ur girlfriend gets 2 points it might make a difference.
thats the best way i think.:D

kermit_ie

If the location of the alleged offence was out west, where are there fixed Speed Cameras out there?

Jip

It was more than likely a van. She was unaware of the transit at the side of the road, got done for speeding by the autmated camera, no person was involved to make a mistake, end of story. Tell her to live with for christs sake.

Our man in Havana

It it was the van there will be the picture, which they must supply, otherwise no case to answer. There have been cases where a cop hiding in the ditch was noting down numbers and sending out notices. 95% of these would be paid up due to the Irish attitude of the Garda is always right. A judge ruled that an error in identication can occur and ruled that unless its a camera they must stop and ascertain the identity of the driver.

It would not hurt her case to request the photo. If its all above board she can pay up and no harm is done. Personally in view of Garda corruption (Morris tribunal) it is a good thing to challenge and keep them in check.

Turner

Have you a link to this case law?

Our man in Havana

Its district court so its unlikely its in BAILI as a judgement. Everything in the district court is appealable. I understand that an appeal is still a possiblity.

hawkmoon269

Bond-007 wrote:

It it was the van there will be the picture, which they must supply, otherwise no case to answer. There have been cases where a cop hiding in the ditch was noting down numbers and sending out notices. 95% of these would be paid up due to the Irish attitude of the Garda is always right. A judge ruled that an error in identication can occur and ruled that unless its a camera they must stop and ascertain the identity of the driver.

It would not hurt her case to request the photo. If its all above board she can pay up and no harm is done. Personally in view of Garda corruption (Morris tribunal) it is a good thing to challenge and keep them in check.

That sounds like good advice. Many thanks.