Pulled over for something I didn't do

Strawberry1984 wrote: »

I was in no rush and the road was wide open, it's the n20. The Passat had come around the bend further back, someone suggested to me that he may have been behind that vehicle and went to overtake while I was turning. Hard to know.

For clarity, both the Passat and the bike were behind you (on the same side as you) when you indicated and positioned yourself for turning right?

If so the garda tried to overtake a car which was turning right? Am I missing something?

I was in a taxi that turned right and hit a cyclist one time. Turning from Gardiner Street into Mountjoy Square South, in Dublin. The driver's words to the cyclist were "I didn't see a bit of you." The driver wasn't young, so he must have been very experienced.

Was a passenger another time with a work colleague beside the square in Tallaght and he turned right across the path of an oncoming tram, when it was in plain sight (not hidden by a bend or anything). It just hadn't registered as a threat with the driver, or with me in the passenger seat. I was looking right at the tram, and maybe a small part of me was thinking "We're going to crash", but mostly it just didn't register, because the Luas was new at the time and it didn't fit the mental model of what to look out for when turning.

My dad turned left in France (driving on the right for the first time) and got hit by an oncoming car that was in plain sight.

I think it's when experienced drivers are on mental auto-pilot, and something unexpected or different comes along, that the auto-pilot causes a problem. New drivers have an advantage in this respect, in that they don't yet have an auto-pilot, and everything they do is a conscious decision.

Strawberry1984 wrote: »

Would it be worth going to court? All advice and opinions appreciated.

Your evidence will be that you didn't see the Garda, which seems to fit in with the Garda's account that you didn't see him and cut across him. It seems that you just aren't sure whether the Garda was there or not. From what you say, the Garda was certain of his version of events.

I don't think that I would be kicking down the door of the courthouse to have my day in court in relation to this one.

However, it is strange that you never saw the Garda at any point during the manoeuvre.

You could consider approaching a solicitor to telephone the Garda as to his account of the events and whether that account fits with your experience.

Nothing might come of that but you will have done as much as you can to get the relevant information.

You could ring the Garda yourself but I think that if you do that, you may just get to hear the Garda repeating what he already told you.

I love Sean nos wrote: »

Or left-turning cars, joining the road in front of you. Happened to me several times today alone. Bright red bike, headlight on full time because it's automatically on, wearing a high-vis vest and an orange helmet.

As soon as I see a car looking to join the road or a petrol station, I just roll off the throttle slightly in anticipation.

Problem with that is some motorists see the lights change, when you roll off the throttle a bike changes stance, and think that they are being called out. But better to be already slowing down in case they don't see you regardless.

OP, if you really think there was some mistake on the part of the cop, you could go back to the same place and see if there is any CCTV around. Don't know how you'd get access to it though.

I'd a similar event with an garda last year

unmarked car followed me into my estate and pulled me over

same crack when i looked bemused at him - "you dont know why I stopped you"
i said no, he laughed and said ah come on, I politely said sorry i've no idea
he then said i was on the phone going around previous roundabout
I said no definitely not - showed him handsfree kit and said that i think i didnt have my phone but could get it in my house
he then backed down, apologised and said he must be mistaken
I may have been able to prove with phone records etc but if he had though he saw me driving carelessly like OP where would I have stood
It doesnt mean he was lying or dishonest or trying to do me he may just have made an error

OP one thing with hindsight is you should have got more details off him of what you did wrong - take the guess work out

This video might be worth looking at for the OP.

https://www.youtube.com/watch?v=Ahg6qcgoay4

How many passes does the team in white make? Test your awareness and Do the Test! TFL cycling safetly advert! Count the number of passes the White team makes.

emeldc wrote: »

I find it laughable that some of you think a Garda wouldn't lie. Without naming anyone, think whistleblowers, Templemore, mysterious bank accounts. Are you fcuking kidding me. Some of them are as crooked as a dogs hind leg

Bad practices, exaggerated reports and a few alleged corruption scandals (which stem from higher ranks in fairness) is not comparable with an ordinary Guard on the street lieing about an alleged incident on the roadside to be fair.

emeldc wrote: »

Having said that maybe the OP didn't see him. But if he pulled across in front of the bike as was said, then the Garda should have caught up the the OP within a matter of seconds. The Op said he pulled up beside him 'after a few minutes'.
So was he following behind after you made your turn and pulled you over after you stopped or did he just appear out of nowhere. I think you need to analyse how long it took him to catch up if you were to have any chance of proving that (a) he wasn't there at all or (b) if he was there, that your manoeuvre wasn't dangerous. But I certainly wouldn't be of the opinion that a Garda wouldn't make sh1t up.

The part in bold is irrelevant, how long it took to stop the OP does not prove the Guard was/wasn't there in the first place, all it proves is that they stopped them, there is no timeframe required to make a stop, also weather or not the manouvre was dangerous or not is irrelevant as that isn't an ingredient in the charge of driving without due care and consideration.



Imagine the evidence in court:-

Guard: I was present at the time of the incident judge.

Accused: I didn't see him and it took X amount of time to stop me so he must not have been there

The Guards testimony would be all the proof required.

emeldc wrote: »

Ah come on now, that's all very simplistic.
If you were the Guard on the bike :rolleyes: would you not have blown the horn or flashed your headlight when someone pulls acrioss in front of you. After all he could have killed you. I just find hard to believe that the OP never saw him at any stage until he was pulled over. If he has a 10 y/o son it's probably safe to assume he's not a learner or novice driver

Yes, what you raise is all very plausible argument but it does not get away from the fact that most District Judges tend to give additional weight to the Garda evidence over other evidence, with few exceptions. That's just a fact that is observable in many courtrooms with different District Judges.

Some judges more so and some judges less so but the fact remains.

get a dash cam op. that way if it ever happens again you will have a video to go back and see what happened. also if you are ever in an accident you can prove if it was your fault or not.