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Can I ask for evidence on motoring offence

butler_767

I was pulled over by a member of the Gardai. He asked for my licence, I provided it, he wrote down the details. Then he took my reg. He came back to the window gave me my licence and as he walked away said I will receive a fixed charge notice in post

I called back to him and asked what it was for. He said being on phone. I wasn't on the phone my van has android auto with Bluetooth connectivity.

My question is can I ask for evidence of the offence as I have no idea why he is accusing me.

Hopefully this post makes sense, thanks in advance for your advice.

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Ash.J.Williams

https://www.boards.ie/discussion/comment/121641222#Comment_121641222

Going by my experience. I had accepted a phone charge but challenged a second and literally the second the judge asked his side he caved , saw it with other cases that day too

Jim_Hodge

https://www.boards.ie/discussion/comment/121641149#Comment_121641149

You're joking right???

Luna84

https://www.boards.ie/discussion/comment/121641213#Comment_121641213

I don't know what dream world or Hollywood movie you seen that in but that is far from reality.

Ash.J.Williams

https://www.boards.ie/discussion/comment/121641202#Comment_121641202

You can't tell

If a garda can't prove he was on the phone he will give up

Luna84

https://www.boards.ie/discussion/comment/121641149#Comment_121641149

I can tell you were never in court. A Garda buckling in court. RIGHT!

As I said above the judge will side with the Garda know matter what. I know people who were in the same place and didn't win.

But the guy resting his head on his hand up high is a weird one regarding a court day. All I can tell you is sit normal.

[Deleted User]

https://www.boards.ie/discussion/comment/121640803#Comment_121640803

No. You receive it by post.

Ash.J.Williams

https://www.boards.ie/discussion/comment/121641132#Comment_121641132

The only evidence needed is a picture of you on your phone , if you're innocent then fight it

Ash.J.Williams

https://www.boards.ie/discussion/comment/121640936#Comment_121640936

If you question a garda in court and you're innocent he'll buckle as it will be too much effort

butler_767

https://www.boards.ie/discussion/comment/121641116#Comment_121641116

That's why I wanted to know if I can ask to see the evidence. I know I wasn't on the phone but I do sit with my head propped up by my hand (especially in traffic). I'd like to see any evidence cause if its worth fighting i would but if the evidence looks too bad it might not be worth it

Jim_Hodge

https://www.boards.ie/discussion/comment/121641066#Comment_121641066

Mights and Ifs are a bit of a gamble.

BagofWeed

https://www.boards.ie/discussion/comment/121640936#Comment_121640936

When he is denying the charge in court he can make reference to the fact that he put in a complaint to the ombudsman and requested and/or wrote to the superintendent or inspector.

It might make the guard think twice the next time especially if there are multiple complaints coming in from the public about him.

standardg60

https://www.boards.ie/discussion/comment/121640803#Comment_121640803

If he was stopping you for said reason he would have explained so, not doing so until you asked says to me he just wanted to check you out.

Del2005

https://www.boards.ie/discussion/comment/121640849#Comment_121640849

The Garda will just say that they saw you on the phone. To fight it you need to go to court and as @Luna84 said it'll be your word against the Garda, the judge will believe the Garda. The offence is holding not using so call/data logs are no use. Unless you have a driver facing camera you can't win.

BagofWeed

Request to see or send a letter to the superintendent or inspector of the Garda station he works out of and contact the Garda Ombudsman. www.gardaombudsman.ie

bmc58

https://www.boards.ie/discussion/comment/121640803#Comment_121640803

If you have been wronged by the Garda you will have to plead your case in court.If your evidence is believable you will be acquited.

butler_767

https://www.boards.ie/discussion/comment/121640801#Comment_121640801

Is that how it works? I've never been given a ticket before.

standardg60

I doubt you'll receive anything tbh, he would have given it to you there and then.

Luna84

https://www.boards.ie/discussion/2058332218/can-i-ask-for-evidence-on-motoring-offence

Unfortunately for you it's your word against his and the judge will side with the Garda if you decide to contest it in court.