Garda accuses you of being on the phone driving when you werent and you get a fine

LotharIngum · 18-01-2019 11:02am #1

This has happened to me before.
Garda stops you and gives you a fine for being on the phone while driving and you were not at all. You cant do anything about it because his word will be taken about it.

Im not the only person its happened to either.

So the same thing happens to a friend the other day except the garda didn't cop on that said friend had a dashcam and it recorded front, back and sound. The garda was very nasty to him and slapped him with a fine for being on the phone while driving. Friend went home and checked the video and its all there to prove his innocence but since yer man was so mean to him he wants to do as much damage as possible.

So he wants to go to court and either produce the video there or just go ahead and get the summons and then send the paper to the papers or put it on social media. Basically he is trying to figure out how to do the most damage to this particular gard and to highlight this sharp practice. He doesn't care if it costs him points or fines.

Has anyone else ever been accused f doing something by a garda that they didn't and still got punished for the non crime?

laotg · 18-01-2019 11:06am

How are cameras pointing front and back going to prove your friend was not holding a phone whilst driving?

pleas advice · 18-01-2019 11:09am

I'd fight it all the way, just on principle.

18-01-2019 11:09am

Wouldn’t the call or text log prove you was or wasn’t on phone?

CiarraiAbu2 · 18-01-2019 11:12am

Don't you go to court if you fail to pay the fine.

Captain Obvious · 18-01-2019 11:14am

CiarraiAbu2 wrote: »

Don't you go to court if you fail to pay the fine.

Yes, and the penalty is increased too.

Strawberry Milkshake wrote: »

Wouldn’t the call or text log prove you was or wasn’t on phone?

Not with apps like What's App in play. In any case, the offence is holding the phone, you don't have to actually use it.

spurious · 18-01-2019 11:17am

Looking for a way to create most trouble for the guard is not the smart way to go about it.

Presumably what your friend wants is the charge done away with as he did not do it and apparently has proof that he did not.

I would make an appointment with the local sergeant. I wouldn't go on some witch-hunt. The guard being nasty, while not great, could have had many causes and long-term I suspect going after the guard is not what your friend wants either.

SteM · 18-01-2019 11:19am

"do as much damage as possible" ffs. Tell your friend that in real life things don't work like they do on the telly.

Just go down to the station with the video and see what the superintendent says maybe?

Renegade Mechanic · 18-01-2019 11:23am

pleas advice wrote: »

I'd fight it all the way, just on principle.

Just be ready if you win. You might walk out after it all, sit into your car, start it to let the air-con work for a minute or two and call someone to let them know how it went and be promptly issued two fixed notices for using a phone in a car and not having a seat belt on because to the letter of the law, your engine was running and you were on a public road.

Laws are for little people.

oLoonatic · 18-01-2019 11:23am

Go speak with the guard and show the footage. and for the love of jasus dont post the video anywhere.

padd b1975 · 18-01-2019 11:24am

Tell him you were traveling.

LotharIngum · 18-01-2019 11:38am

spurious wrote: »

Looking for a way to create most trouble for the guard is not the smart way to go about it.

Presumably what your friend wants is the charge done away with as he did not do it and apparently has proof that he did not.

I would make an appointment with the local sergeant. I wouldn't go on some witch-hunt. The guard being nasty, while not great, could have had many causes and long-term I suspect going after the guard is not what your friend wants either.

No, he definitely wants to make the gardai pay publicly.
Not what id do. Id be too scared of the gardai coming after me McBrearty style and would just leave it.

I saw the video.
The cop was very nasty alright but the crux of the matter is that the inside of the car is recorded clears showing him just driving along. He gets stopped and asked why he thinks he was stopped. He says he has no idea. The cop starts mouthing off and telling him he saw him on the phone.
So he just says, I can assure you I wasn't on the phone. I never use the phone while im driving.

The cop says "Don't think im an idiot. I clearly saw you holding a phone to your ear and talking. Are you calling be a liar?"

He just says no, but you didn't see me with the phone to my ear. Its in my pocket. Would you like to check it?

Loads more abuse and expletives and a fine and told not to be such a smart c%nt on future and hes lucky all he is getting is done for the phone.

Friend was clearly upset and shaken and then realized he had the whole thing recorded which he checked when he got home.

So now he says he is on a mission. Hes a bit autistic like that and he will for sure follow through big time. Id say expect to see the video up on the net, but only after he gets the summons etc. because along with the video he says he will put up tickets, fines and a video diary.

I know him. He wont calm down about this. ever.

dudara · 18-01-2019 11:45am

Yes, being vindictive to a Garda is going to end well.

Seriously, he needs to make a complaint to the appropriate ranking officer. Use the proper channels first, rather than being all snowflakey and vindictive in the media.

Mr. Incognito · 18-01-2019 11:47am

Was he wearing his hat?

aluminium · 18-01-2019 11:48am

take your complaint to the member in charge, in the first instance, then call caple street (GESOC)

Cee-Jay-Cee · 18-01-2019 11:53am

LotharIngum wrote: »

This has happened to me before.
Garda stops you and gives you a fine for being on the phone while driving and you were not at all. You cant do anything about it because his word will be taken about it.

Im not the only person its happened to either.

Did you show him your phone and allow him to examine the recent call activity? If not then case closed and you are guilty as charged.

Your friends case is different, he has evidence, you had none.

lertsnim · 18-01-2019 11:53am

LotharIngum wrote: »

This has happened to me before.
Garda stops you and gives you a fine for being on the phone while driving and you were not at all. You cant do anything about it because his word will be taken about it.

Im not the only person its happened to either.

So the same thing happens to a friend the other day except the garda didn't cop on that said friend had a dashcam and it recorded front, back and sound. The garda was very nasty to him and slapped him with a fine for being on the phone while driving. Friend went home and checked the video and its all there to prove his innocence but since yer man was so mean to him he wants to do as much damage as possible.

So he wants to go to court and either produce the video there or just go ahead and get the summons and then send the paper to the papers or put it on social media. Basically he is trying to figure out how to do the most damage to this particular gard and to highlight this sharp practice. He doesn't care if it costs him points or fines.

Has anyone else ever been accused f doing something by a garda that they didn't and still got punished for the non crime?

Your friend sounds like a dickhead.

Mint Sauce · 18-01-2019 11:55am

Go down to the local garda station, ask for the superintendent, if no joy there, and he is certain he was not on the phone, and has the video proof, let it go to court, and the Judge will give him (the guard) a bollocking for your friend.

Mr. Incognito wrote: »

Was he wearing his hat?

The Guard or the OPs friend?

Ten of Swords · 18-01-2019 11:56am

LotharIngum wrote: »

Basically he is trying to figure out how to do the most damage to this particular gard and to highlight this sharp practice. He doesn't care if it costs him points or fines.

He is literally considering all this nonsense because he got a fine, so yeah he does care!

Go to the station and sort if out with the ranking officer, you're friend is inviting a heap of trouble on himself trying to "do as much damage as possible to the garda". The video might be a talking point online for about 48 hours before disappearing into internet obscurity but I have a feeling the garda's memory might be a bit longer than that

Wildly Boaring · 18-01-2019 11:56am

LotharIngum wrote: »

No, he definitely wants to make the gardai pay publicly.
Not what id do. Id be too scared of the gardai coming after me McBrearty style and would just leave it.

I saw the video.
The cop was very nasty alright but the crux of the matter is that the inside of the car is recorded clears showing him just driving along. He gets stopped and asked why he thinks he was stopped. He says he has no idea. The cop starts mouthing off and telling him he saw him on the phone.
So he just says, I can assure you I wasn't on the phone. I never use the phone while im driving.

The cop says "Don't think im an idiot. I clearly saw you holding a phone to your ear and talking. Are you calling be a liar?"

He just says no, but you didn't see me with the phone to my ear. Its in my pocket. Would you like to check it?

Loads more abuse and expletives and a fine and told not to be such a smart c%nt on future and hes lucky all he is getting is done for the phone.

Friend was clearly upset and shaken and then realized he had the whole thing recorded which he checked when he got home.

So now he says he is on a mission. Hes a bit autistic like that and he will for sure follow through big time. Id say expect to see the video up on the net, but only after he gets the summons etc. because along with the video he says he will put up tickets, fines and a video diary.

I know him. He wont calm down about this. ever.

So he has a video of himself driving.
I call bull****

Kevin Finnerty · 18-01-2019 11:59am

SteM wrote: »

"do as much damage as possible" ffs. Tell your friend that in real life things don't work like they do on the telly.

Just go down to the station with the video and see what the superintendent says maybe?

This. You come up against the wrong judge on a bad day he'd do you for wasting court time too.

Renegade Mechanic · 18-01-2019 12:00pm

lertsnim wrote: »

Your friend sounds like a dickhead.

Hi, Garda. Couldn't agree more. A nice dose of "Tusla investigation" ought to soften his cough, right?

B-D-P-- · 18-01-2019 12:01pm

20 posts, And nobody actually offering advice on OP's desire.

If he wants to do as much damage as he can, let him.
I wish I had advice to give, but no experience. sorry

lertsnim · 18-01-2019 12:01pm

Renegade Mechanic wrote: »

Hi, Garda. Couldn't agree more. A nice dose of "Tusla investigation" ought to soften his cough, right?

Haha you called me a Garda. You're funny.

SteM · 18-01-2019 12:02pm

Wildly Boaring wrote: »

So he has a video of himself driving.
I call bull****

My neighbour is a taxi driver and he has a camera that straps over the rear view mirror. It has a camera pointing at the road and a camera pointing back into the car. I checked and they're pretty cheap on Amazon.

Renegade Mechanic · 18-01-2019 12:03pm

lertsnim wrote: »

Haha you called me a Garda. You're funny.

Standard fare of discourse. Now if you'll excuse me, I've about three years of back-tax to quickly put someone else's name on

LotharIngum · 18-01-2019 12:12pm

Cee-Jay-Cee wrote: »

Did you show him your phone and allow him to examine the recent call activity? If not then case closed and you are guilty as charged.

Your friends case is different, he has evidence, you had none.

That happened to me many years ago. At the time I told him I would get my phone out my gym bag in the back seat and he could check it but I just got the fine and paid it because it was my word against his and I wasn't going to win that.

Has this seriously never happened to anyone else? I thought it was very common.

eagle eye · 18-01-2019 12:13pm

lertsnim wrote:

Your friend sounds like a dickhead.

I'm not sure this is fair. If he was abused by the Garda and basically treated like a criminal without doing anything wring then he has every reason to be up to and including furious.
There are loads of defense solicitors and barristers who'd love to take this up for free. It'd be worth it to them long term as it could end up changing the law where one Garda on his own can't bring somebody to court and have them convicted.
I think this would be a good thing.

Muckka · 18-01-2019 12:13pm

LotharIngum wrote: »

No, he definitely wants to make the gardai pay publicly.
Not what id do. Id be too scared of the gardai coming after me McBrearty style and would just leave it.

I saw the video.
The cop was very nasty alright but the crux of the matter is that the inside of the car is recorded clears showing him just driving along. He gets stopped and asked why he thinks he was stopped. He says he has no idea. The cop starts mouthing off and telling him he saw him on the phone.
So he just says, I can assure you I wasn't on the phone. I never use the phone while im driving.

The cop says "Don't think im an idiot. I clearly saw you holding a phone to your ear and talking. Are you calling be a liar?"

He just says no, but you didn't see me with the phone to my ear. Its in my pocket. Would you like to check it?

Loads more abuse and expletives and a fine and told not to be such a smart c%nt on future and hes lucky all he is getting is done for the phone.

Friend was clearly upset and shaken and then realized he had the whole thing recorded which he checked when he got home.

So now he says he is on a mission. Hes a bit autistic like that and he will for sure follow through big time. Id say expect to see the video up on the net, but only after he gets the summons etc. because along with the video he says he will put up tickets, fines and a video diary.

I know him. He wont calm down about this. ever.

I'd love to see the video.

q85dw7osi4lebg · 18-01-2019 12:14pm

Poor Garda just trying to hit his quota.

LotharIngum · 18-01-2019 12:15pm

dudara wrote: »

Yes, being vindictive to a Garda is going to end well.

Seriously, he needs to make a complaint to the appropriate ranking officer. Use the proper channels first, rather than being all snowflakey and vindictive in the media.

He has a been in his bonnet about the gardai getting away with things and this is the first time ever he feels he has them by the ghoulies and hes going to follow it up.

I actually said to him that he could easily just get the ticket quashed with that video (its a split screen looking forward and back at the same time). But as I said, he is on the spectrum and this is his new mission. He wont quit it. And he believes that he is doing the public a favour by exposing this behavior. If he just goes to the super ot the gard it will just get brushed under the carpet and this kind of stuff will continue. And hes probably right.

I didn't help by telling him about the time it happened me, but I doubt that would have made a difference at all tbh.

I cant say im not amused by the while thing and curious to see how far it goes.

Garda accuses you of being on the phone driving when you werent and you get a fine

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