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

LotharIngum

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?

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SEPT 23 1989

Happened to my wife

You were on the phone

I don't have a phone with me in the car

I saw you on the phone

No phone in the car it's at home

He starts losing the head and proceeds to search the car and when he finds no phone he then pats her down

She went straight down to the local station and made a complaint

LotharIngum

SEPT 23 1989 wrote: »

Happened to my wife

You were on the phone

I don't have a phone with me in the car

I saw you on the phone

No phone in the car it's at home

He starts losing the head and proceeds to search the car and when he finds no phone he then pats her down

She went straight down to the local station and made a complaint

And I bet nothing came of the complaint.

[Deleted User]

Why does this always happen to someone's friend and not anyone who posts here.

OP get your friend to edit the video, blur faces etc and post it here.

Tom Mann Centuria

Guard was probably a dick, OPs friend has a problem with guards anyway, so he was probably a dick. Scoredraw. Move on.

LotharIngum

Fr Tod Umptious wrote: »

Why does this always happen to someone's friend and not anyone who posts here.

OP get your friend to edit the video, blur faces etc and post it here.

I'll post a link to the video and the whole story when he puts it up or if it goes to a newspaper. I think he wants to have his day in court first and get his points and fine to heighten the impact.

Captain Obvious

SteM wrote: »

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.

I have one myself. It doesn't see my lap or hands though. It's focus seems to be on the rear and passenger seats, which makes sense.

LotharIngum

Tom Mann Centuria wrote: »

Guard was probably a dick, OPs friend has a problem with guards anyway, so he was probably a dick. Scoredraw. Move on.

No argument there. He can be a dick for sure. I wouldn't call him a close friends. Just a friend from work really. But he has me tagged as his partner on his quest because when he was talking about it I said that it happened me too. So i'll get the low down of every step of the way im sure and i'll keep ye up to date.

I really posted here just to ask if anyone else had ever got punished for something they actually didn't do.

Ten of Swords

What's your friends YouTube channel called?

Unrelated matter

Asking for a friend...

LotharIngum

Captain Obvious wrote: »

I have one myself. It doesn't see my lap or hands though. It's focus seems to be on the rear and passenger seats, which makes sense.

This is the kind here

https://youtu.be/YRh3_ykQioQ?t=6

LotharIngum

Ten of Swords wrote: »

What's your friends YouTube channel called?

Unrelated matter

Asking for a friend...

Not aware he has a youtube channel tbh

Turbohymac

Don't need to be making a call or texting to get caught by gardai..simply holding the phone in your hand while driving will suffice ..so anyone claiming they weren't on the phone. Ie talking. Or texting and even if they can prove there wasn't any calls /texts sent or received around the time that the alleged offence was committed.. doesn't matter..
I doubt the gardai would just pick some fully law abiding road user and accuse them of a phone offence while driving ...if they indeed weren't holding or messing with their phone while driving
.if indeed your friend can clearly prove that he wasn't near his phone and unless hes got one of his dashcams pointing on himself while he drives then hes talking bulls..t and as the op you're only hearing his side of the story..
Theres. 3 sides to every story his side..the guards side and then the absolute truth... if he was wrong I'd honestly have no issue with the guard giving him a good bollo..ng

eagle eye

Turbohymac wrote:

I doubt the gardai would just pick some fully law abiding road user and accuse them of a phone offence while driving ...if they indeed weren't holding or messing with their phone while driving .

You are suggesting that there isn't one Garda in the country who might do this?

LotharIngum

Turbohymac wrote: »

Don't need to be making a call or texting to get caught by gardai..simply holding the phone in your hand while driving will suffice ..so anyone claiming they weren't on the phone. Ie talking. Or texting and even if they can prove there wasn't any calls /texts sent or received around the time that the alleged offence was committed.. doesn't matter..
I doubt the gardai would just pick some fully law abiding road user and accuse them of a phone offence while driving ...if they indeed weren't holding or messing with their phone while driving
.

He wasn't holding the phone. It was in his pocket.
The video clearly shows his head and shoulders the whole time and it clearly has the audio of yer man swearing at him and telling him he saw him with the phone up to his ear talking into it.
Quote "Don't think im an idiot. I clearly saw you holding a phone to your ear and talking. Are you calling me a liar?"

Total lie as can be seen from the video evidence.
Point is if there was no video evidence that lie becomes the truth.

Gotta go back to work. I'll ask him if he is going to post the video.

Gonad

I would just bring the evidence to court and present it and see what happens .

The judge will obviously take a look and strike it out .

Who knows how many other innocent people have been done by this dickhead and will be done in future .

[Deleted User]

I honestly think I’d be pissed off too if I got a fine for being completely innocent. If the conversation with the Garda is as stated above, I might well post the video too.

Why should I be punished and fined for someone else’s mistake?

Deebles McBeebles

Whatever about the innocents, I wish they would cop on and concentrate on the thousands of people who are actually on their f*cking phones in their cars. Selfish c*nts.

Captain Obvious

LotharIngum wrote: »

He wasn't holding the phone. It was in his pocket.
The video clearly shows his head and shoulders the whole time and it clearly has the audio of yer man swearing at him and telling him he saw him with the phone up to his ear talking into it.
Quote "Don't think im an idiot. I clearly saw you holding a phone to your ear and talking. Are you calling me a liar?"

Total lie as can be seen from the video evidence.
Point is if there was no video evidence that lie becomes the truth.

Gotta go back to work. I'll ask him if he is going to post the video.

Send it to GSOC.

knucklehead6

Do you see that Garda in the video?

beauf

Captain Obvious wrote: »

Send it to GSOC.

Does anyone have faith that after all the scandals?

https://www.irishtimes.com/opinion/gsoc-has-failed-and-is-not-fit-for-purpose-1.3585708

Floppybits

If I was your mate, I would make a copy of the video and take the copy down to the station and ask to see the ranking officier and show them the video and state that you want an apology from the Guard and the ticket and consequences of the ticket removed and make it formal. Then if you get no joy you can not pay the fine and go to court and produce the evidence and the details of the formal complaint. The judge may throw it out or the Guard may not even turn up. Then you can make a complaint to GSOC the guards details should be on the ticket.

As for people saying the Guard is right, they are not, they are suppose to be a professional organisation and all members of the force should treat all members of public with respect, that's what being professional is, regardless of whether the guard is having a bad day or whatever, they should never think they can act with any less the professionalism when dealing the public. The Members of AGS need to learn this, just because they put on the uniform, it doesn't mean that have a god given right to treat the public as if we are crap on the soles of their shoes.

Kivaro

SEPT 23 1989 wrote: »

Happened to my wife

You were on the phone

I don't have a phone with me in the car

I saw you on the phone

No phone in the car it's at home

He starts losing the head and proceeds to search the car and when he finds no phone he then pats her down

She went straight down to the local station and made a complaint

Wait .........
Can a male Guard pat down a female member of the public?

In this day and age, and especially with the systemic corruption in the force and the failure of many Guards to do their jobs properly (not following up with criminal complaints, over 2,000,000 false breathalyser tests etc.), every Guard should have a body camera. Failure to use it would require a very good reason.

The relationship between Guards and the general public is slowly turning into a "them" versus "us" scenario, and AGS are losing the public trust on almost a daily basis. This is not the way it should work.
Substantial reform is required, where accountability matters.

Floppybits

Here is how you make a complaint to GSOC?

http://www.citizensinformation.ie/en/justice/law_enforcement/garda_siochana_ombudsman_commission.html

maximoose

laotg wrote: »

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

Wildly Boaring wrote: »

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

There are plenty of dashcams available that record out the windscreen as well as wide angle back into the cabin of the vehicle. See them all the time in taxis.

SEPT 23 1989

Kivaro wrote: »

Wait .........
Can a male Guard pat down a female member of the public?

.

He did

Captain Obvious

Kivaro wrote: »

Wait .........
Can a male Guard pat down a female member of the public?

Gender is a thing of the past.

lertsnim

eagle eye wrote: »

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.

Make the complaint using the correct channels so instead of trying to be a viral superstar for 48 hours.

[Deleted User]

lertsnim wrote: »

Make the complaint using the correct channels so instead of trying to be a viral superstar for 48 hours.

But why should they have to go to all of the bother of going to the station, waiting to see someone, getting nowhere, going to gsoc IF, it’s blatantly obvious that the Garda isn’t telling the truth.

Post the video and let the one that was in the wrong do the work.

Wildly Boaring

maximoose wrote: »

There are plenty of dashcams available that record out the windscreen as well as wide angle back into the cabin of the vehicle. See them all the time in taxis.

Yep the back of the vehicle. Not the front including driver's lap.

The OP has now said you can ckearly see his "head and his shoulders"

Phone only has to be in his hand, which it seems is not visible.

I call bull****

razorblunt

LotharIngum wrote: »

No argument there. He can be a dick for sure. I wouldn't call him a close friends. Just a friend from work really. But he has me tagged as his partner on his quest because when he was talking about it I said that it happened me too. So i'll get the low down of every step of the way im sure and i'll keep ye up to date.

I really posted here just to ask if anyone else had ever got punished for something they actually didn't do.

Your friend needs the A-Team, buddy.

[Deleted User]

Wildly Boaring wrote: »

Yep the back of the vehicle. Not the front including driver's lap.

The OP has now said you can ckearly see his "head and his shoulders"

Phone only has to be in his hand, which it seems is not visible.

I call bull****

But the OP says that in the video the Garda states that he saw the phone held to the drivers ear???