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can a garda give you a fixed penalty notice in the post after they said it was a warn

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  • 05-06-2018 11:13pm
    #1
    jasonrwc
    Registered Users Posts: 40 ✭


    i got pulled in a few weeks ago for careless driving. the officers kept me there for about 20 minutes and did all the checks in the world they searched my car and both and eventually said it was a warning and drive better in the future then today i get a fixed penalty notice 80 euro and 2 penalty points. This wasn't mentioned at the time at all i was just told to go on my way and be more careful. is this allowed? i thought i would have to be told about it at the side of the road?
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    #2
    how.gareth
    Registered Users Posts: 1,150 ✭✭✭how.gareth


    jasonrwc wrote: »
    i got pulled in a few weeks ago for careless driving. the officers kept me there for about 20 minutes and did all the checks in the world they searched my car and both and eventually said it was a warning and drive better in the future then today i get a fixed penalty notice 80 euro and 2 penalty points. This wasn't mentioned at the time at all i was just told to go on my way and be more careful. is this allowed? i thought i would have to be told about it at the side of the road?
    Where they wearing their official hats when they spoke to you?


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    #3
    jasonrwc
    Registered Users Posts: 40 ✭jasonrwc


    no they gut of their car and just talked to me without any hat. just full uniform otherwise


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    #4
    BringBackMick
    Registered Users Posts: 1,089 ✭✭✭BringBackMick


    If they were not wearing their hats this cannot stand in the court of law


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    #5
    jasonrwc
    Registered Users Posts: 40 ✭jasonrwc


    BringBackMick wrote: »
    If they were not wearing their hats this cannot stand in the court of law

    Really?? I though more so because they never mentioned it to me and said it was a warning would be more of a reason?


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    #6
    ozt9vdujny3srf
    Closed Accounts Posts: 3,152 ✭✭✭ozt9vdujny3srf


    jasonrwc wrote: »
    Really?? I though more so because they never mentioned it to me and said it was a warning would be more of a reason?
    This is why legal advice isn’t allowed...


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    #7
    jasonrwc
    Registered Users Posts: 40 ✭jasonrwc


    Tommy Salmon Nozzle wrote: »
    What do you think?

    I really don't know that's why I started the thread.


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    #8
    jasonrwc
    Registered Users Posts: 40 ✭jasonrwc


    Tommy Salmon Nozzle wrote: »
    This is why legal advice isn’t allowed...

    I'm not looking for legal advice I'm asking can they give a warning and them later decide it's going to be a fixed penalty. I assumed they would have had to mention that!


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    #9
    sexmag
    Registered Users Posts: 1,303 ✭✭✭sexmag


    BringBackMick wrote: »
    If they were not wearing their hats this cannot stand in the court of law

    Unfortunately this is why legal advice cannot be given here


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    #10
    Kimbot
    Moderators, Computer Games Moderators, Social & Fun Moderators Posts: 18,471 Mod ✭✭✭✭Kimbot


    jasonrwc wrote: »
    I'm not looking for legal advice I'm asking can they give a warning and them later decide it's going to be a fixed penalty. I assumed they would have had to mention that!

    If it's a penalty points offence then you should expect points


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    #11
    jasonrwc
    Registered Users Posts: 40 ✭jasonrwc


    Kimbot wrote: »
    If it's a penalty points offence then you should expect points

    I was the wrong side of a very narrow road because there were cars parked on one side. I didn't think that was an offence.


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    #12
    sexmag
    Registered Users Posts: 1,303 ✭✭✭sexmag


    jasonrwc wrote: »
    I'm not looking for legal advice I'm asking can they give a warning and them later decide it's going to be a fixed penalty. I assumed they would have had to mention that!

    How can you prove other wise?

    Did you record the encounter?

    If not you've no leg to stand on, your word against there's, you admit you drove dangerously but the guards are liars so you shouldn't be punished?

    Sorry mate won't stand up in court


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    #13
    jasonrwc
    Registered Users Posts: 40 ✭jasonrwc


    sexmag wrote: »
    How can you prove other wise?

    Did you record the encounter?

    If not you've no leg to stand on, your word against there's, you admit you drove dangerously but the guards are liars so you shouldn't be punished?

    Sorry mate won't stand up in court

    I never said I drove dangerously I was passing cars on my own street at about 10 miles an hour that was all I was doing


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    #14
    sexmag
    Registered Users Posts: 1,303 ✭✭✭sexmag


    jasonrwc wrote: »
    I never said I drove dangerously I was passing cars on my own street at about 10 miles an hour that was all I was doing
    jasonrwc wrote: »
    I was the wrong side of a very narrow road because there were cars parked on one side. I didn't think that was an offence.

    You admited an offense in the eyes of the law, this is why you were pulled over


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    #15
    jasonrwc
    Registered Users Posts: 40 ✭jasonrwc


    I was 20 metres from my own house and had just turned into the street I was doing no more than 10 miles an hour. What i was doing I would not consider careless!!


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    #16
    sexmag
    Registered Users Posts: 1,303 ✭✭✭sexmag


    jasonrwc wrote: »
    What i was doing I would not consider careless!!

    What you and I consider dangerous is irrelevant


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    #17
    jasonrwc
    Registered Users Posts: 40 ✭jasonrwc


    sexmag wrote: »
    You admited an offense in the eyes of the law, this is why you were pulled over

    No I ddint I never admitted anything I never said I admitted anything I don't think I did commit an offence in anyone's eyes. I really don't know where you got the notion that I said admitted or think I did commit an offence from??


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    #18
    sexmag
    Registered Users Posts: 1,303 ✭✭✭sexmag


    jasonrwc wrote: »
    No I ddint I never admitted anything I never said I admitted anything I don't think I did commit an offence in anyone's eyes. I really don't know where you got the notion that I said admitted or think I did commit an offence from??

    See my post 2 posts up

    Sorry it happened to you but that's it, chalk it up to experience, don't believe what you don't get in writing


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    #19
    TallGlass
    Closed Accounts Posts: 4,935 ✭✭✭TallGlass


    People are pulling your leg for some reason here. Not sure why. Anyway.

    Yes they can. Its bad form to say it's a warning and you'll hear nothing more. But sadly you've got the fine now and it can be done.

    If you want to contest it then go to court and have it out. Or take the fine and points and end of story.

    Which ever you do. Don't ignore it.


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    #20
    jasonrwc
    Registered Users Posts: 40 ✭jasonrwc


    sexmag wrote: »
    See my post 2 posts up

    Sorry it happened to you but that's it, chalk it up to experience, don't believe what you don't get in writing

    Yea that's all grand but they never mentioned careless driving or anything at the time that's why I'm wondering where it has came from. I thought they would at least have to have said that or alluded to it at the time at least. They said it was a warning and learn from it and move on then I get the notice today.


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    #21
    jasonrwc
    Registered Users Posts: 40 ✭jasonrwc


    TallGlass wrote: »
    People are pulling your leg for some reason here. Not sure why. Anyway.

    Yes they can. Its bad form to say it's a warning and you'll hear nothing more. But sadly you've got the fine now and it can be done.

    If you want to contest it then go to court and have it out. Or take the fine and points and end of story.

    Which ever you do. Don't ignore it.

    Do you think I should go to a garda station tomoro and see what they have to say or just pay it and forget about it?


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    #22
    Squatman
    Registered Users Posts: 1,592 ✭✭✭Squatman


    jasonrwc wrote: »
    Do you think I should go to a garda station tomoro and see what they have to say or just pay it and forget about it?

    yea, id ask to talk to the garda in question, and check to see if he got his wires crossed. explain the situation, because he probably wont remember you, and say as you said here, that you were executing a turn into your driveway.
    also, will you explain the situation here please?


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    #23
    TallGlass
    Closed Accounts Posts: 4,935 ✭✭✭TallGlass


    jasonrwc wrote: »
    Do you think I should go to a garda station tomoro and see what they have to say or just pay it and forget about it?

    Garda can't do anything and well shouldn't do anything about it as it's in the system. You either go court, and explain your position, what was said, Garda could ask it be thrown out, but you won't know. You could get more of fine and more points. What you mention is all hear say about them saying this or that, nothing formal apart from the FPN you've got.

    Its up to you, pay fine and its done with. Court and you contest it but no one can tell you how that will go.


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    #24
    jasonrwc
    Registered Users Posts: 40 ✭jasonrwc


    Squatman wrote: »
    yea, id ask to talk to the garda in question, and check to see if he got his wires crossed. explain the situation, because he probably wont remember you, and say as you said here, that you were executing a turn into your driveway.
    also, will you explain the situation here please?


    I turned into my street which is a 90 degree turn about 20 metres up it is another 90 degree turn. So I stopped and waited for a car to pass before I turned In. My street is pretty narrow and there were cars parked on the left so I moved to the right hand side of the road to over take them. I was going really slow but as I overtook one of the parked cars I noticed the squad coming around the corner and stopped they cam forward more and waved me on. When I came alongside them I had to pull into between 3 parked cars they wound down the window and asked what I was doing. I told them that I was overtaking a car. The passenger garda jumped out and asked for my license which I have him then another garda from the back seat got out after about 5 minutes they told me to pull in at the corner because there was a car behind them that cudnt get by. They checked my car tax insurance and did a personal check on me when all that was clear they made me get out of the car and asked me was I caring anything I shouldn't I said no then they asked me to open my car they searched the back and then searched the booth. When it was all clear they said I was lucky and I was just getting a warning and had I learned my lesson. I said yes and they said to drive on. Then I went home and now I got the fine today about 3 weeks later


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    #25
    ED E
    Registered Users Posts: 36,167 ✭✭✭✭ED E


    Sounds like they saw it as you overtaking into oncoming traffic. If the obstruction is on "your side" you need to yield. How far ahead you should yield is down to interpretation.


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    #26
    jasonrwc
    Registered Users Posts: 40 ✭jasonrwc


    ED E wrote: »
    Sounds like they saw it as you overtaking into oncoming traffic. If the obstruction is on "your side" you need to yield. How far ahead you should yield is down to interpretation.

    Yea but when I was overtaking they were the other side of a 90 degree turn so unless I can see around corners it would have been impossible to know there was oncoming traffic. I was going slow enough to stop the second saw them so can't see how they could say I didn't yield to them


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    #27
    Sassygirl1999
    Banned (with Prison Access) Posts: 409 ✭✭Sassygirl1999


    jasonrwc wrote: »
    Yea but when I was overtaking they were the other side of a 90 degree turn so unless I can see around corners it would have been impossible to know there was oncoming traffic. I was going slow enough to stop the second saw them so can't see how they could say I didn't yield to them

    sounds like you have been diddled


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    #28
    jasonrwc
    Registered Users Posts: 40 ✭jasonrwc


    Sassygirl1999 wrote: »
    sounds like you have been diddled

    Sure feels like it. It's no wonder nobody trusts the garda!! He must of been low on numbers last month!!


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    #29
    Sassygirl1999
    Banned (with Prison Access) Posts: 409 ✭✭Sassygirl1999


    jasonrwc wrote: »
    Sure feels like it. It's no wonder nobody trusts the garda!! He must of been low on numbers last month!!

    probably was going to let you off but then changed his mind after a quieter than usual night


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    #30
    jasonrwc
    Registered Users Posts: 40 ✭jasonrwc


    Sassygirl1999 wrote: »
    probably was going to let you off but then changed his mind after a quieter than usual night

    Yea he got me at 2 in the afternoon so probly tot he had all day to get others and didn't pan out.


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    #31
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    jasonrwc wrote: »
    Yea that's all grand but they never mentioned careless driving or anything at the time that's why I'm wondering where it has came from. I thought they would at least have to have said that or alluded to it at the time at least. They said it was a warning and learn from it and move on then I get the notice today.

    If they said it was a warning, you must have been doing something wrong!


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