sidcon wrote: » Hypothetical situation. If you received notification of speeding and on the letter is says you where doing 85kph in a 60 zone but the road is clearly marked 80 kph would you contest this case.
Petyr Baelish wrote: » If you can prove it then go for it. I think the judge might throw it out since the charge would be wrong wouldn't it?
Cork Truck Driver wrote: » Isn't the margin of error 10% + 4km/h?
CiniO wrote: » But the problem is that it wouldn't. According to Irish law there's no difference between speeding by 25km/h vs 5km/h so it's exactly same offence.
colm_mcm wrote: » No.
Cork Truck Driver wrote: » What is it?
Del2005 wrote: » Zero, people have been done for 51 in a 50 zone. The UK has a tolerance but we don't. OP it's a gamble going to court and saying that I was doing 85 in an 80 not a 60. The judge could just say that you were still speeding and stick the full points on you. If you do want to fight it you'll need to hire a solicitor, depending on your penalty points status it could be more expensive to get off than except the 3 points.
Cee-Jay-Cee wrote: » Absolutely contest it. They allow a 9kmph buffer so you shouldn’t have been ticketed. They are possibly aware of it as people doing 70kmh would be getting notices also but I guess if no one brings it to their attention then they won’t know.
bucketybuck wrote: » I am not a lawyer, but... In Irish law are you not charged with specific offences? As in, the charge in the OP is not just doing 85, it is specifically doing "85 in a 60 zone". If the OP can prove that part of that specific charge is demonstrably false then the charge would be dismissed. The charge doesn't get changed to something else that better suits a prosecution, it gets dismissed. This is why prosecutors/the state think very carefully about what they want to charge people in various situations, why they might charge a lessor provable offence such as manslaughter when murder could be more appropriate but harder to prove. So 25 over the limit might be the same offence as 5 over the limit, but "25 over 60" and "5 over 80" are not the same offence, and the OP can only be charged with one of them. So the hypothetical judge asks, "were you doing 85 in a 60 zone?" and you answer with proof, "no, because it was not a 60 zone". That charge of doing 85 in a 60 zone must be dismissed. Again, I am not a lawyer and would be interested in hearing a definite answer.
1.—The following section is substituted for section 47 of the Principal Act: “47.—(1) A person shall not drive a mechanically propelled vehicle at a speed exceeding the speed limit— (a) that applies in respect of that vehicle, or (b) that applies to the road on which the vehicle is being driven where that speed limit is lower than that applying to that vehicle. (2) A person who contravenes subsection (1) is guilty of an offence. (3) In this section “speed limit” means a limit which is— (a) an ordinary speed limit, (b) the built-up area speed limit, (c) the regional and local roads speed limit, (d) the national roads speed limit, (e) the motorway speed limit, (f) a special speed limit, or (g) a road works speed limit.”.
76.— Section 47 (inserted by section 11 of the Act of 2004) of the Principal Act is amended by inserting after subsection (2) the following: “(2A) In a prosecution for an offence under this section, it is presumed, until the contrary is shown by the defendant, that the speed limit indicated on a traffic sign is the speed limit that has been applied under this Act to the road when the offence is alleged to have been committed.”.
Hudson Ugly Tournament wrote: » I know a few people who were done on the Ballymun road for 54kph (it's a 50 zone)
StonedRaider wrote: » Colleague got done for 52km/h in a 50 zone by go safe van on the N59(Bushypark church) 29th December 2015. I had the notice in my hand with pic of his number plate. Funny thing is, he drives a s#!+heap 02 punto and that's about the max it'll go
kbannon wrote: » I don't think the OP is saying that they weren't speeding but that they didn't commit the offence quoted (in a 60 zone)
RiseToMe wrote: » ........people get done for 51 in a 50 etc.
Tiercel Dave wrote: » But does that mean that they were doing anything between 46 to 56........
exaisle wrote: » However, it's open to the Gardai to issue an new, corrected summons and start the process all over again.
CiniO wrote: » Let's wait to see what GM228 thinks about it.
Gerrup Outta Dat! wrote: » You’re right. But I’ve heard of people (anecdotally) getting off fines when their summons arrives at John Smith instead of Jon Smith.
bucketybuck wrote: » The charge doesn't get changed to something else that better suits a prosecution, it gets dismissed. This is why prosecutors/the state think very carefully about what they want to charge people in various situations, why they might charge a lessor provable offence such as manslaughter when murder could be more appropriate but harder to prove.
Patww79 wrote: » This post has been deleted.
exaisle wrote: » OP...if the summons quotes a 60kph limit, then the prosecution will fail. It would be like being charged with murdering John Smith when it was Joan Smith who was murdered.
grogi wrote: » exaisle wrote: » However, it's open to the Gardai to issue an new, corrected summons and start the process all over again. What about double jeopardy?!
