Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Meanwhile on the Roads...

14748495052

Comments

  • Registered Users, Registered Users 2 Posts: 2,351 ✭✭✭Paddigol


    Just change the legislation so. Someone in the area can correct me if I’m wrong, but a judge can’t ignore a failure the meet the criteria if it’s highlighted by the defence. It may sound crass, but why was this missed by the Garda?

    It always pisses me off when the focus shifts from one individual who not only thought it was ok to drive drunk, but also then to contest his prosecution, to people who have very prescribed jobs to perform.



  • Registered Users, Registered Users 2 Posts: 30,900 ✭✭✭✭zell12




  • Registered Users, Registered Users 2 Posts: 2,203 ✭✭✭Large bottle small glass


    You need to go to a district court to listen to how these cases run.

    Put simply and plainly this man was observed by a Garda driving erratically. Garda immediately stopped him, smelt alcohol and had him tested first by breathalyser and then with a urine test. He failed.

    When giving evidence it is so obvious the Gardai are walking on eggshells so they tick every box that's required off them given the endless case law and regulations around this particular piece of traffic law.

    It is nauseating to listen to. It's like a real unfunny Two Johnnies/Unbelievables sketch.

    Chronic alcoholics and chancers continue to drink drive and fund a cottage industry because of this bullsh1t. Putting fellow roads users at risk.



  • Registered Users, Registered Users 2 Posts: 8,451 ✭✭✭cletus


    As you say, it's exactly because it's challenged so often that the procedures have become so convoluted



  • Advertisement
  • Registered Users, Registered Users 2 Posts: 2,351 ✭✭✭Paddigol


    I’m vaguely familiar with it which is why I suggested that the legislation needs to change to shift the burden back to the appropriate balance. It’s been farcical for decades at this point. It can’t be that hard to achieve??



  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 53,104 CMod ✭✭✭✭magicbastarder


    Is that a legislative issue or a judicial issue though; the accused's solicitor objected to the Garda not having given a precise time for observing the erratic driving; what would have happened if the judge had said 'so f****** what?'

    We had that recent case where a average speed fine was challenged because IIRC the precise location of the speeding was not specified. This is not dissimilar, but with the opposite conclusion.



  • Registered Users, Registered Users 2 Posts: 5,740 ✭✭✭standardg60


    Was thinking the same, the other case was covered under the interpretation act. I don't see why this would be any different, plus 'observing erratic driving' by definition has to occur over a period of time.



  • Registered Users, Registered Users 2 Posts: 2,351 ✭✭✭Paddigol


    it’s a very fair question and one I don’t have the answer to, but AGAIN, one which could be very easily answered if the will was there. The theory is one thing - legislation implemented by legislature on behalf of electorate, tested by legal system on behalf of prosecution and defence, and adjudicated on by judiciary on behalf of the State. At District Court level you will always get a wide variation in standards simply by virtue of human nature. But those kinks should be ironed out by appeal and legislative tweaks. But of course, my point again being that the will to appeal or tweak just isn’t there. It’s a crock of shite tbh, convenient to every government who can wash there hands of it



  • Registered Users, Registered Users 2 Posts: 152 ✭✭knockoutned


    Surely there was enough to convict. Not having proof he was driving even though he was seen getting out at the drivers side. I always thought you could be done for drink driving if you fell asleep in the car, once the key was in the ignition. The engine didn’t even need to be turned on.

    Former GAA All Star asks garda if she knows who he is when arrested on suspicion of drink driving https://jrnl.ie/6734837



  • Advertisement
  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 53,104 CMod ✭✭✭✭magicbastarder


    "Garda Byrne said a male came from the driver side of the vehicle."

    does that mean he was standing beside the vehicle on the driverss side; or got out of the vehicle on the driver's side?



  • Registered Users, Registered Users 2 Posts: 3,702 ✭✭✭Wildly Boaring


    So way over the limit

    But couldn't be proven he was driving within 3 hours of the failed test?

    Oh and good at hurling

    https://www.breakingnews.ie/ireland/anthony-nash-asked-garda-if-she-knows-who-he-is-when-arrested-on-suspicion-of-drink-driving-court-hears-1773782.html



  • Registered Users, Registered Users 2 Posts: 1,590 ✭✭✭hesker


    Surely this will be appealed. Otherwise you can’t be convicted of drink driving unless someone observes and testifies as to the time of driving



  • Registered Users, Registered Users 2 Posts: 2,355 ✭✭✭mattser




  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 53,104 CMod ✭✭✭✭magicbastarder


    that article is paywalled, but it appears he deliberately drove straight at - and clipped - a garda, and got away with it; this is the second court case where he's walked away with no punishment after driving incidents which should have levied instant bans, or jail time.



  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 53,104 CMod ✭✭✭✭magicbastarder


    here's an un-paywalled article about the other case; not the same judge, interestingly. i wonder had it have been the same judge, that the judge might have been less charitable to him second time around.

    https://www.corkbeo.ie/news/local-news/former-cork-hurler-anthony-nash-31659444



  • Registered Users, Registered Users 2 Posts: 984 ✭✭✭tommythecat


    Whatever way you dice it up there is no way that lad should be allowed behind the wheel of a car.

    4kwp South East facing PV System. 5.3kwh Weco battery. South Dublin City.



  • Registered Users, Registered Users 2 Posts: 30,900 ✭✭✭✭zell12


    image.png

    ..



  • Registered Users, Registered Users 2 Posts: 3,280 ✭✭✭Dr_Colossus


    Article needs more use of "alleged" as otherwise we could presume the driver is indeed a real piece of work.

    These cases and verdicts are just baffling, the "alleged" incident occurred outside Cahir Garda Station and the driver drove off at speed into Cahir town centre but that wasn't proved to be a public place, really? Was there no squad car at the station to pursue the driver and arrest him but even with two garda witnesses and a civilian compliant would have thought that case to be pretty water tight.

    I guess judges have to use any legal loophole available to dismiss and acquit cases so how would said judge have proceeded with this more recent drive driving "allegation" and what would the state's respsonse have been if a vulnerable road user was killed in the process.



  • Advertisement
  • Registered Users, Registered Users 2 Posts: 3,645 ✭✭✭hans aus dtschl


    Let me help you with that:

    "thoughts and prayers"



  • Registered Users, Registered Users 2 Posts: 2,110 ✭✭✭bilbot79


    It frustrates me that we can't get specifics about accidents that happen. I find myself wanting to understand the cyclist error so that I can check myself or the driver error so that I can keep an eye out for it but you don't really get the info.



  • Registered Users, Registered Users 2 Posts: 2,203 ✭✭✭Large bottle small glass


    Do you really think there is something we don't know about how to cycle/drive safely?

    There is any amount of resources out there.



  • Registered Users, Registered Users 2 Posts: 36,675 ✭✭✭✭o1s1n
    Master of the Universe


    Did anyone go through the Donnybrook bus garage intersection this morning with all the lights out? Absolute pandamonium.

    No Garda to be seen so it was just a free for all with traffic from four directions all trying to push their way through during rush hour.

    Just some poor young maintenance lad frantically working on the electrical box for the lights.

    It was so bad I actually got off my bike and crossed on foot via the pedestrian crossings, even that was pretty hairy.

    My mental missus who was a few minutes ahead of me cycled through it and nearly got taken out by an SUV. Was just regaling me with war stories about that interaction.



  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 53,104 CMod ✭✭✭✭magicbastarder


    To be fair, there have been one or two 'novel' situations I've found myself in where I only started to cop what was happening as they unfolded.

    One example was I was maybe ten or twenty metres behind two other cyclists; we were approaching a junction, which was with a minor road on the left; a large truck (I think a cement truck or dumper truck) was waiting to exit from that side road, and the two lads in front of me indicated left - and the driver pulled out on top of me. He clearly assumed I was with the two other guys and not going to cross his path. He missed me by a metre or two, but that was a situation I had not anticipated or previously experienced.

    Though there are obvious issues in detailing a serious incident before any investigations have completed, for obvious reasons. And for reasons of sensitivity or privacy, they may not want to publicise them afterwards when the paperwork has settled.



  • Registered Users, Registered Users 2 Posts: 2,110 ✭✭✭bilbot79


    There's more to it than just blindly following general guidance e.g. The majority of deaths in London are women because the don't break red lights and sit in the blind spot of big articulated trucks that then plough them down.

    You're not going to find 'resources' that tell women to break red lights when they are next to a truck



  • Registered Users, Registered Users 2 Posts: 5,645 ✭✭✭MojoMaker


    Nasty bit of work.



  • Moderators, Sports Moderators Posts: 26,054 Mod ✭✭✭✭CramCycle


    Fair warngin, the first three paragraphs are needless fluff to my annoyance on the road at a certain vehicle type.

    So on the way home I came across two Ambulances, a Fire Tender and a Garda car. Obviously an accident, road was clearly closed. I stopped, took out my phone to text my partner I'd be late. As I turned around to go another way a few cars came up and I waved them down before they reached the part where they would then have to reverse 50m. All is well and they turn around. Just as I finish, a Garda comes out, not sure if I am in trouble I roll over. No issue, just asks where I am going (basically are you on a social spin or going home). Tell him where i live but not to worry I can go round the long way if it is not appropriate to pass. He says not to worry, just keep to the left and walk. Walk through, EMT says no issue, just carry the bike so as not to get a puncture.

    I presume no serious injury as no one seemed unwell, but there was a small car on its roof perpendicular to the direction of travel. I didn't look but there were no barriers up so I presume everyone survived.

    Anyway, i got through and a local haulage company driver was on the far side trying to reverse up the road. So I go ahead and turn around traffic on the far side of a bridge rather than them get stuck. So far, everyone is pleasant.

    Get to the next junction after the truck made it far enough to turn and come across the council setting up a diversion. He has a cone on the road, with diversion arrows. A Ford Ranger pulls up from the side road, looks at us, waves and then drives straight over the cone. Got 2m before they even stop, then reverse, I walked around and moved the cone. The council worker just hung his head and said, happens all the time, they can't see them. I'll upload the video tomorrow of the cone incident tomorrow if the camera catches it.

    How those things are let in cities/towns is beyond me if you can't see a 1.2m tall traffic cone and then don't even notice you have driven over it for a few metres.



  • Advertisement
  • Registered Users, Registered Users 2 Posts: 2,351 ✭✭✭Paddigol


    I wonder if its more a case of "don't know how to drive the vehicle" rather than "vehicle is inherently defective". As in, if you're driving a big van, or I presume a truck/ artic, you adjust your driving accordingly… you take wider turns, slower manoeuvres, check, double check mirrors etc. It's all appropriate to the type of vehicle you're driving and there can be no mistaking that you're not driving a recreational vehicle/ car. Whereas I don't think I have ever seen a Ford Ranger driver do anything other than carry on as though they're in a car. There's a serious mismatch between the vehicle and the type of driver behind the wheel as well as between the vehicle and the type of work/ driving that's done in them.

    Do you really need a Ford Ranger to bring your power tools with you to a building site in Dublin???



Advertisement