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Garda Traffic on Twitter

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Comments

  • #902
    Fred Swanson
    Closed Accounts Posts: 21,723 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #903
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators, Paid Member Posts: 18,830 Admin ✭✭✭✭✭hullaballoo


    Sorry if you have misunderstood me. The FCPN is in lieu of a court appearance so it is not necessary for the reading to be adduced in evidence.

    From the RSA website: "If the driver (any category, any vehicle) is tested at the 50mg limit and they are over the limit they will be issued an on the spot of fixed penalty notice, receive a fine of €200 and 3 penalty points."

    That indicates to me that the administrative sanctions of a FCPN and penalty points are applied "on the spot" meaning not being arrested and further breathalysed etc. at the station - also meaning no period of 20 minutes observation of nil by mouth.

    Essentially, you get a ticket on the roadside.

    If you refuse to accept the FCPN, then you would be cautioned, arrested and brought to the station for the rest of the required steps for bringing a prosecution, including the 20 minute observation period and the super duper breathatron 6000 or whatever they call that thing now.


  • #904
    Fred Swanson
    Closed Accounts Posts: 21,723 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #905
    ohnonotgmail
    Registered Users, Registered Users 2 Posts: 41,139 ✭✭✭✭ohnonotgmail


    hullaballoo wrote: »
    Sorry if you have misunderstood me. The FCPN is in lieu of a court appearance so it is not necessary for the reading to be adduced in evidence.

    From the RSA website: "If the driver (any category, any vehicle) is tested at the 50mg limit and they are over the limit they will be issued an on the spot of fixed penalty notice, receive a fine of €200 and 3 penalty points."

    That indicates to me that the administrative sanctions of a FCPN and penalty points are applied "on the spot" meaning not being arrested and further breathalysed etc. at the station - also meaning no period of 20 minutes observation of nil by mouth.

    Essentially, you get a ticket on the roadside.

    If you refuse to accept the FCPN, then you would be cautioned, arrested and brought to the station for the rest of the required steps for bringing a prosecution, including the 20 minute observation period and the super duper breathatron 6000 or whatever they call that thing now.

    yes but if you dont pay the FCPN within 60 days it goes to court and the evidence from a sample taken at the station wold be required if you plead not guilty.

    ETA: D'OH ninja'd by Fred


  • #906
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators, Paid Member Posts: 18,830 Admin ✭✭✭✭✭hullaballoo


    That makes both good sense and very poor sense. I suppose that's why it's a bit of a circus.

    ETA: the poor sense bit is that the offence that ought to be prosecuted is a failure to pay the FCPN having accepted it in the first place. I know the sanctions couldn't be as high but that is usually how these things are termed. If you don't pay a speeding fine, you are summonsed for not paying it rather than for speeding. It should be the same here. I know there are constitutional issues but rather than having such an awful waste of resources that in many cases would be bound to fail anyway, why bother with someone who's over the limit but probably won't be after a trip to the station and 20 minutes in a cell? Pointless.


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  • #907
    blackwhite
    Registered Users, Registered Users 2, Paid Member Posts: 9,870 ✭✭✭blackwhite


    hullaballoo wrote: »
    Sorry if you have misunderstood me. The FCPN is in lieu of a court appearance so it is not necessary for the reading to be adduced in evidence.

    From the RSA website: "If the driver (any category, any vehicle) is tested at the 50mg limit and they are over the limit they will be issued an on the spot of fixed penalty notice, receive a fine of €200 and 3 penalty points."

    That indicates to me that the administrative sanctions of a FCPN and penalty points are applied "on the spot" meaning not being arrested and further breathalysed etc. at the station - also meaning no period of 20 minutes observation of nil by mouth.

    Essentially, you get a ticket on the roadside.

    If you refuse to accept the FCPN, then you would be cautioned, arrested and brought to the station for the rest of the required steps for bringing a prosecution, including the 20 minute observation period and the super duper breathatron 6000 or whatever they call that thing now.


    FCPN cannot be issued at the roadside.

    The Garda takes the details of the driver, and a FCPN is issued by post.

    If the driver then chooses not to pay the FCPN, it's a bit late to be hauling him in for evidential testing


  • #908
    McCrack
    Registered Users, Registered Users 2 Posts: 3,017 ✭✭✭McCrack


    blackwhite wrote: »
    FCPN cannot be issued at the roadside.

    The Garda takes the details of the driver, and a FCPN is issued by post.

    If the driver then chooses not to pay the FCPN, it's a bit late to be hauling him in for evidential testing

    That's the position. A fail on the roadside - Garda will arrest and bring to station - 20 min observation - blow into the intoxilyzer.

    If the breath/alcohol reading is between 22 and 35 mcg a FCPN will issue. If the person declines to pay it then it will go to summons and the State must prove the case in the usual manner.


  • #909
    blackwhite
    Registered Users, Registered Users 2, Paid Member Posts: 9,870 ✭✭✭blackwhite


    hullaballoo wrote: »
    That makes both good sense and very poor sense. I suppose that's why it's a bit of a circus.

    ETA: the poor sense bit is that the offence that ought to be prosecuted is a failure to pay the FCPN having accepted it in the first place. I know the sanctions couldn't be as high but that is usually how these things are termed. If you don't pay a speeding fine, you are summonsed for not paying it rather than for speeding. It should be the same here. I know there are constitutional issues but rather than having such an awful waste of resources that in many cases would be bound to fail anyway, why bother with someone who's over the limit but probably won't be after a trip to the station and 20 minutes in a cell? Pointless.

    A FCPN can only be accepted AFTER it is received. It is accepted by paying it.

    I'm not sure where you've conjured up this concept of accepting a FCPN on the roadside, but it's completely inaccurate. A FCPN hasn't been issued at that point, it's impossible to accept it.



    If some fails to pay a FCPN and is brought to court, they won't be convicted of failure to pay - the conviction will be for whatever traffic offence triggered the FCPN. If someone is issued an FCPN for speeding, and ends up summonsed following a failure to pay, then their guilt or innocence will be on the offence of speeding. If the court finds them not guilty of speeding, then failure to pay the FCPN isn't an offence in and of itself.


  • #910
    Fred Swanson
    Closed Accounts Posts: 21,723 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #911
    GM228
    Registered Users, Registered Users 2 Posts: 8,917 ✭✭✭GM228


    blackwhite wrote: »
    A FCPN can only be accepted AFTER it is received. It is accepted by paying it.

    I'm not sure where you've conjured up this concept of accepting a FCPN on the roadside, but it's completely inaccurate. A FCPN hasn't been issued at that point, it's impossible to accept it.



    If some fails to pay a FCPN and is brought to court, they won't be convicted of failure to pay - the conviction will be for whatever traffic offence triggered the FCPN. If someone is issued an FCPN for speeding, and ends up summonsed following a failure to pay, then their guilt or innocence will be on the offence of speeding. If the court finds them not guilty of speeding, then failure to pay the FCPN isn't an offence in and of itself.

    And to add a twist to that, what's interesting to know about the FCPN for drink driving is it's the only FCPN that payment of the FCPN could potentially be an offence if you ought to know you weren't entitled to the FCPN, yes that's correct paying the FCPN is an offence if you know or ought to know you're not entitled to the FCPN.


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  • #912
    Atlantic Dawn
    Registered Users, Registered Users 2 Posts: 86,596 ✭✭✭✭Atlantic Dawn
    GDY151


    Not your usual suspect for no tax and insurance...
    https://twitter.com/GardaTraffic/status/799544720049446912

    Driver getting his monies worth...
    https://twitter.com/GardaTraffic/status/799527730165456896


  • #913
    nice_guy80
    Closed Accounts Posts: 8,722 ✭✭✭nice_guy80


    Atlantic Dawn wrote: »
    Not your usual suspect for no tax and insurance...
    https://twitter.com/GardaTraffic/status/799544720049446912

    Driver getting his monies worth...
    https://twitter.com/GardaTraffic/status/799527730165456896

    I wonder was that Audi just bought abroad and brought in?


  • #914
    knucklehead6
    Registered Users, Registered Users 2 Posts: 6,782 ✭✭✭knucklehead6


    https://twitter.com/gardatraffic/status/800413496886239232


  • #915
    Fred Swanson
    Closed Accounts Posts: 21,723 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #916
    Autosport
    Registered Users, Registered Users 2 Posts: 22,280 ✭✭✭✭Autosport


    ^ just wow


  • #917
    neris
    Registered Users, Registered Users 2 Posts: 20,126 ✭✭✭✭neris


    Donegal- the wild west of irish driving.


  • #918
    OldMrBrennan83
    Closed Accounts Posts: 26,611 ✭✭✭✭OldMrBrennan83


    This post has been deleted.


  • #919
    Shannon757
    Closed Accounts Posts: 22,847 ✭✭✭✭Shannon757


    I don't think they'll be on the road for a while.


  • #920
    punisher5112
    Registered Users, Registered Users 2 Posts: 24,519 ✭✭✭✭punisher5112


    Shannon757 wrote: »
    I don't think they'll be on the road for a while.

    These people will be back on the road the minute they get out they don't care.


  • #921
    martingriff
    Registered Users, Registered Users 2 Posts: 11,617 ✭✭✭✭martingriff


    Shannon757 wrote: »
    I don't think they'll be on the road for a while.

    Do you think they care unless you mean they be in jail


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  • #922
    inforfun
    Registered Users, Registered Users 2 Posts: 20,860 ✭✭✭✭inforfun


    Unless you start amputating limbs instead of handing out driving bans, certain people dont give a **** about a ban. Whether that is a 1 year or 20 years ban.


  • #923
    dastardly00
    Registered Users, Registered Users 2, Paid Member Posts: 13,687 ✭✭✭✭dastardly00


    inforfun wrote: »
    Unless you start amputating limbs instead of handing out driving bans, certain people dont give a **** about a ban. Whether that is a 1 year or 20 years ban.

    I'm all for the amputation of limbs in certain cases like this!


  • #924
    neris
    Registered Users, Registered Users 2 Posts: 20,126 ✭✭✭✭neris


    The mind boggles

    https://twitter.com/GardaTraffic/status/800998983451688960


  • #925
    bear1
    Registered Users, Registered Users 2 Posts: 12,934 ✭✭✭✭bear1


    Surely to God know they didn't allow the truck to continue on.


  • #926
    flazio
    Registered Users, Registered Users 2 Posts: 13,885 ✭✭✭✭flazio


    From what I've seen on Stop Search Seize, the vehicle is detained at the checkpoint until a mechanic comes to fix the fault or tow truck takes the defective vehicle away. Both options are at the owner's expense.

    This too shall pass.



  • #927
    coolbeans
    Registered Users, Registered Users 2 Posts: 3,140 ✭✭✭coolbeans


    Do they do that? Serious question.


  • #928
    neris
    Registered Users, Registered Users 2 Posts: 20,126 ✭✭✭✭neris


    https://twitter.com/GardaTraffic/status/801032817857675264


  • #929
    neris
    Registered Users, Registered Users 2 Posts: 20,126 ✭✭✭✭neris


    coolbeans wrote: »
    Do they do that? Serious question.

    they can let the vehicle go but they have to get it fixed within a certain time. Alot of its at the discretion of the gard on the checkpoint or who stops it.


  • #930
    Atlantic Dawn
    Registered Users, Registered Users 2 Posts: 86,596 ✭✭✭✭Atlantic Dawn
    GDY151


    flazio wrote: »
    From what I've seen on Stop Search Seize, the vehicle is detained at the checkpoint until a mechanic comes to fix the fault or tow truck takes the defective vehicle away. Both options are at the owner's expense.

    They should extend this to private cars with defective tyres, have a nominated mobile tyre fitter called and tyres replaced at owners expense.


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  • #931
    fullstop
    Registered Users, Registered Users 2, Paid Member Posts: 12,212 ✭✭✭✭fullstop


    LIGHTNING wrote: »
    Probably don't have the time, they have to catch those killers doing 130 on a empty motorway.

    :rolleyes:

    Autobahn something something


This discussion has been closed.
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