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

19-01-2019 11:31AM

Avatar MIA wrote: »

Resorting to pedantry?

No resorting to the fact that we are dealing with 2nd hand info

We cannot trust the word of the OP any more than we could trust the word of a friend of the Garda if they came on here and told that side of the story

STB. · 19-01-2019 11:33AM

Fr Tod Umptious wrote: »

The OP was not involved in this

It was his/her friend remember

Seriously. Is that all you have got ?

You couldn't get why the scenario described by the OP of his "friend" caused him to be outraged.

Fr Tod Umptious wrote: »

No resorting to the fact that we are dealing with 2nd hand info

We cannot trust the word of the OP any more than we could trust the word of a friend of the Garda if they came on here and told that side of the story

Did YOU miss the part where the OP's friend had viewed the Dashcam footage ?

LeoHughes · 19-01-2019 11:34AM

I would speak to the sergeant

If i'm stopped by a guard am i within my rights to take out my phone and videoing it all?

19-01-2019 11:35AM

Strawberry Milkshake wrote:

Wouldnâ€™t the call or text log prove you was or wasnâ€™t on phone?

It's illegal to touch your phone while driving. You don't have to be actually making a call. Scrolling thr Facebook, Reading news apps or changing a song on the phone is all against the law

shar01 · 19-01-2019 11:35AM

Someone upthread mentioned that this was a minor offence, that it wasn't murder. The vast majority of us will never commit a murder. But we will hop in our cars. We depend on our cars for work. Being wrongly accused of a minor offence is a big deal.

Being spoken to in a less than respected or reasonable manner is not on.

The lack of professional behaviour from the AGS needs to be tackled.

Avatar MIA · 19-01-2019 11:37AM

Fr Tod Umptious wrote: »

No resorting to the fact that we are dealing with 2nd hand info

We cannot trust the word of the OP any more than we could trust the word of a friend of the Garda if they came on here and told that side of the story

This is an anonymous media, where there is little difference between 1st hand or 3rd hand posting. You either accept the premise or dont. Of course calling BS on the whole thing is okay, but simply stating this is " 'Just a Fine', move on" is wrong, imo.

Captain Obvious · 19-01-2019 11:51AM

Avatar MIA wrote: »

How so?

That's not how it works

Avatar MIA · 19-01-2019 11:57AM

Captain Obvious wrote: »

That's not how it works

A person lies in court for the benefit of their claim. They are subsequently proven to have lied because they thought their lie would not be discovered. Is that not perjury?

hunter164 · 19-01-2019 12:17PM

If they’re innocent and have proof, bring him to the cleaners.

I bet if it was a traveller or a big time drug dealer the Gard would have been a lot different. Instead he bullies an honest tax payer going about their daily business.

About time they’re held accountable for their shoddy service.

19-01-2019 12:24PM

Avatar MIA wrote: »

This is an anonymous media, where there is little difference between 1st hand or 3rd hand posting. You either accept the premise or dont. Of course calling BS on the whole thing is okay, but simply stating this is " 'Just a Fine', move on" is wrong, imo.

And I'll continue to do that until the OP posts the video and the link to a report on the inevitable throwing out of the case in court when that happens.

professore · 19-01-2019 12:32PM

Mantis Toboggan wrote: »

Look what they did to Maurice McCabe, OP pay the fine you don't want to be taking these lads on.

It's this attitude that allows it to continue.

professore · 19-01-2019 12:34PM

LeoHughes wrote: »

I would speak to the sergeant

If i'm stopped by a guard am i within my rights to take out my phone and videoing it all?

As long as the engine is off.

eagle eye · 19-01-2019 12:37PM

Fr Tod Umptious wrote:

And I'll continue to do that until the OP posts the video and the link to a report on the inevitable throwing out of the case in court when that happens.

Listen pal, whether it's true or not true it's being discussed. The 'what would you do' is the interesting part to this whole discussion, well for me anyway.

And you can post what you like and some people will get involved and discuss that with you but you are not the be all and end all of this site or even thread.

If he is going to post a video it's the likes of Twitter he should post it on. That's where it will get the most attention.

He certainly doesn't have to prove himself to you. Whether you believe him or not holds no significance.

The fact that you decide it's all bull says a lot about you too.

STB. · 19-01-2019 12:39PM

Regardless of whether its true or not, its sparked an interesting debate and highlighted what peoples reactions would be (there are countless claims of this on the internet previously, just not ones that have documentary evidence).

OP, if it is true, Get your friend to keep the original somewhere safe.

If what you say is verbatim, then the only quandary is whether to release it or not. Make no mistake, it will go viral.

Once the genie is out of the bottle, its very hard to get it back in.

The Blur faces option is within Youtube itself, Video Enhancements, Additional Features, Blur all faces, apply.

McMurphy · 19-01-2019 12:46PM

Wildly Boaring wrote: »

What.
The OP has specifically said you can only see the driver's head and shoulders.

So you cant see his lap and hands.

Therefore he has actually zero proof that his phone was not in use.

Dash cams can also record audio.

If the guard said he seen him talking on his phone.... But the audio is of ABBA playing Waterloo.......

Apart from the driver having terrible taste in music, the guard could be snookered.

19-01-2019 12:55PM

hunter164 wrote: »

If they’re innocent and have proof, bring him to the cleaners.

I bet if it was a traveller or a big time drug dealer the Gard would have been a lot different. Instead he bullies an honest tax payer going about their daily business.

About time they’re held accountable for their shoddy service.

Bit of an assumption.

I hope the video shows a clip of the guys tax compliance cert so that can be proven too.

Captain Obvious · 19-01-2019 12:56PM

Avatar MIA wrote: »

A person lies in court for the benefit of their claim. They are subsequently proven to have lied because they thought their lie would not be discovered. Is that not perjury?

You should Google perjury in Ireland. There are some interesting articles on the topic.

Avatar MIA · 19-01-2019 12:57PM

Captain Obvious wrote: »

You should Google perjury in Ireland. There are some interesting articles on the topic.

Or you could link to the most relevant one, being the expert.

shar01 · 19-01-2019 01:06PM

Fr Tod Umptious wrote: »

Bit of an assumption.

I hope the video shows a clip of the guys tax compliance cert so that can be proven too.

Ah now Father. You know as well as I do that if the OP's friend were a member of the Amish* community the guard wouldn't have pulled them over much less spoken to them in a derogatory manner.

*Have I done that right:D

19-01-2019 01:09PM

shar01 wrote: »

Ah now Father. You know as well as I do that if the OP's friend were a member of the Amish* community the guard wouldn't have pulled them over much less spoken to them in a derogatory manner.

*Have I done that right:D

Your right probably not, but we also cannot assume that the OP friend is a honorable tax paying citizen.

Just as we cannot assume that the Garda is a prick.

Captain Obvious · 19-01-2019 01:12PM

Avatar MIA wrote: »

Or you could link to the most relevant one, being the expert.

Literally the first link.

https://www.irishtimes.com/opinion/the-haphazard-state-of-perjury-law-1.357008

There is no perjury statute in Ireland at the moment.

shar01 · 19-01-2019 01:15PM

Fr Tod Umptious wrote: »

Your right probably not, but we also cannot assume that the OP friend is a honorable tax paying citizen.

Just as we cannot assume that the Garda is a prick.

True. And I hope OP is not taking the proverbial. However assuming there is audio of the guard as per OP and the friend does go public then I would be concerned that the friend has just painted a big target on their back.

I would say that everyone is entitled to their good name. Would I go public with footage? I don't know. It's a big call for the OP's friend.

Gimme A Pound · 19-01-2019 01:15PM

"The guards don't do a tap!"

"The guards spend their days meeting quotas!"

Which is it today?

endacl · 19-01-2019 01:17PM

I wouldn’t like to be in front of a grumpy judge, thinking to himself, “if that little bollix had just gone to the station with the footage to show that no offence had been committed, it would have been sorted out then, and I wouldn’t have to deal with this juvenile nonsense...”.

wexfordman2 · 19-01-2019 01:17PM

Fr Tod Umptious wrote: »

Your right probably not, but we also cannot assume that the OP friend is a honorable tax paying citizen.

Just as we cannot assume that the Garda is a prick.

No, we can't assume anything, beyond taking what the op posted as being the case with which we are debating. The op is asking for opinions based on his/her story, not anything else, so any opinions must be based on that story.

If the op is not telling the truth, then that is his/her issue as the opinions and replies are based in the assumption that the op is telling the truth.

Anything else, is just people making stuff up. If you don't believe the op, or are unable to offer an opinion under the assumption that the op is being truthful, then perhaps you shouldn't reply at all.

McMurphy · 19-01-2019 01:19PM

Paris Salty Self-control wrote: »

"The guards don't do a tap!"

"The guards spend their days meeting quotas!"

Which is it today?

This thread is the best of both worlds, it what the op described is true, we have a Garda meeting his quota without actually having to bother catching people using their phones.

:pac:

19-01-2019 01:21PM

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?

Tell your friend to get a gadget that will attach phone to dashboard and use it. My OH was pulled over recently and accused of being on the phone. He pointed to it sitting safely in its cradle. Garda apologised and waved him on.

Avatar MIA · 19-01-2019 01:23PM

Captain Obvious wrote: »

Literally the first link.

https://www.irishtimes.com/opinion/the-haphazard-state-of-perjury-law-1.357008

There is no perjury statute in Ireland at the moment.

Perjury/lied under oath. In that case it's likely the poster paraphrased what the garda said.

shar01 · 19-01-2019 01:26PM

How often do threads pop up where people ask questions like "I was pulled over for X. Will I get fine/points?". All because the guard couldn't carry of their duties in professional manner and tell them "you have committed x offence and you will receive y fine in the post with z weeks".

Don't get me wrong, I actually have a great deal of respect for the job some of them do. I know the Trojan work that goes into securing some convictions.

But for the vast majority of us, our dealings with them will be at checkpoints or getting forms filled and I'm a firm believer of give respect, get respect. Is that too much to expect?

McMurphy · 19-01-2019 01:28PM

Captain Obvious wrote: »

Literally the first link.

https://www.irishtimes.com/opinion/the-haphazard-state-of-perjury-law-1.357008

There is no perjury statute in Ireland at the moment.

Lucky for a number of gaurds involved in the Jobstown incident.

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

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