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Meanwhile on the Roads...

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Comments

  • Registered Users, Registered Users 2 Posts: 3,150 ✭✭✭Paddigol


    Not sure that we’re disagreeing?

    My point is simply that it’s too easy for people to hide behind ‘legal advice’. Grow a spine and own your actions is all I’m saying. Not “I’ll take legal advice”.



  • Registered Users, Registered Users 2 Posts: 234 ✭✭khamilton


    There's a difference between a dangerous driving charge and a dangerous driving conviction - Judges will usually reduced dangerous driving to careless driving if you have no priors, to begin with.


    Separately, you won't always be charged with dangerous driving for doing 190 in a 120, careless driving, generally - dangerous driving requires other factors because it still has to be proven in court that your driving proved a danger to others - it can be hard to do this from a still image. Driving at 190km/h on an empty motorway in good weather in a sportscar, it won't pass muster if you have a decent solicitor.

    Here's an anecodte from a solicitor that works in the area:

    I once represented a man who had been caught travelling at 217kph in a 100kph zone.

    He was driving a Lamborghini. Not a good look.

    Naturally he was charged with dangerous driving. It was only after extensive displays of time, money and driving courses completed that the Circuit Court judge -with great reluctance- agreed to reduce the charge from dangerous to careless driving.

    Here's two people racing each other at 'up to' 200km/h who escaped without a driving ban: https://archive.ph/NYxDN

    McGregor only received a speeding conviction for doing 160 in a 100: https://www.irishexaminer.com/news/arid-30816503.html

    And a second time, only received an FCPN for doing almost 160 in a 100 and only ended up in court because he didn't pay it: https://archive.ph/1B5Ef

    I could go on!

    It's safe to say that a Gardai's witness testimony and judgment in analysing the road conditions and the drivers behaviour is the first step in a dangerous driving charge but that, even then, it's not guaranteed (or even likely tbh).



  • Moderators, Category Moderators, Arts Moderators, Sports Moderators, Paid Member Posts: 55,565 CMod ✭✭✭✭magicbastarder




  • Moderators, Sports Moderators Posts: 26,776 Mod ✭✭✭✭CramCycle


    That's my point, you can and will be charged with dangerous driving, a solicitor getting it knocked down a bit wasn't my point. I suspect if he wasn't a TD he also might have gotten it knocked down. Gardai often don't make court cases and I suspect the local super made sure with the profile that the Garda made this one no matter what.

    I also agree that Gardai on patrol and in unmarked cars is crucial to good road policing but cameras and auto enforcement are also necessary.



  • Registered Users, Registered Users 2 Posts: 234 ✭✭khamilton


    My point was that that level of speed doesn't automatically (or even generally) result in a dangerous driving charge when it arises from an automated speed camera because excessive speed without any other context doesn't match the threshold for dangerous driving. I'm not sure how you could ignore virtually the entire content of my post to just re-state an erroneous opinion, but whatever.


    The legislation for dangerous driving:

    53.— (1) A person shall not drive a vehicle in a public place in a manner (including speed) which having regard to all the circumstances of the case (including the condition of the vehicle, the nature, condition and use of the place and the amount of traffic which then actually is or might reasonably be expected then to be in it) is or is likely to be dangerous to the public.

    A still image from a speed camera is unlikely to provide the evidence needed to show that the circumstances of the excessive speed is likely to be dangerous to the public.


    This is why both the Garda and the Judge in the case of the TD noted the 'aggressive' driving in addition to the excessive speed.



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  • Registered Users, Registered Users 2 Posts: 6,589 ✭✭✭standardg60


    Agreed, there is zero chance of a dangerous driving conviction based on camera evidence alone, and in most cases the charge is dropped in return for a guilty plea to careless due to the difficulty in proving it.

    Reading the media report again I'm not sure if O'Keefe actually plead guilty, 'accepting the evidence' is not a guilty plea. I think the judge just wasn't having any of his solicitor's attempts to muddy the evidence given by the guard.

    Again props to the judge, haven't heard so much common and road sense spoken before by one.



  • Moderators, Sports Moderators Posts: 26,776 Mod ✭✭✭✭CramCycle


    Wasn't really my point, my point was (and you said the same @khamilton) it can and has been done. It is enough to get a charge brought. Both of you are correct that a solicitor with any capabilities will get it knocked down but the idea that a camera alone wasn't enough to bring a charge is not true as it's been done before. It isn't automatic, but it does happen, the circumstance can vary, and I imagine it's often the Gardai wants a harsher penalty and knows if he goes in at dangerous he will at least get a careless conviction. It is not automatic and solicitors tend to note that it's above 160 that Gardai are tempted to bring it if done by camera.

    I also agreed that more Gardai on the roads can only be a positive.

    I didn't misunderstand your post, I didn't disagree with it I stupidly was picking up on a technicality which I wish I hadn't even bothered with.



  • Registered Users, Registered Users 2, Paid Member Posts: 5,299 ✭✭✭nilhg


    https://informedclearly.com/en/politics/35855/france-immediate-license-confiscation-phone-use-driving

    It will be interesting to see how this works out, plenty of Irish on those roads during the summer, there could be a few shocks…



  • Registered Users, Registered Users 2 Posts: 2,847 ✭✭✭JMcL


    They'll do it as well I'd think. I know a few people that have had speeding fines sent on to them in Ireland after rushing to Cherbourg for the ferry

    As an aside, we were negotiating one of the big roundabouts under the Peripherique in Paris a few years ago. My wife was driving (she's Parisienne so was always going to get the nod for that) I was navigating with head stuck in Google Maps. There were a bunch of police at the side of the road, one of whom obviously thought his day was made. Out he steps, up goes the hand. "Vos papiers" followed by a bit of mumbling as he realised it was a right hand drive car before he sent us on our way. I imagine his mates gave him some slagging.



  • Registered Users, Registered Users 2, Paid Member Posts: 16,438 ✭✭✭✭loyatemu


    shame you weren't quaffing a beer as well 😎

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  • Registered Users, Registered Users 2 Posts: 3,150 ✭✭✭Paddigol


    Waiting to cross the Merrion Square/ Mount Street junction this morning. Lights turn amber for road traffic. First car slows to stop. Car behind undertakes on the left to speed through as lights change to red. This I think speaks to the point that others have previously made - the only reason so "few" motorists break red lights is that they're usually constrained by the car in front.

    Just another day. Just another junction.



  • Registered Users, Registered Users 2 Posts: 6 Iloonane


    Spot on. It’s mind-blowing how much energy people spend raging about 'two-abreast' cyclists while thousands are getting behind the wheel under the influence. One arrest every hour is a terrifying stat. The real danger on our roads isn't the person in lycra, it's the person with a pint too many



  • Registered Users, Registered Users 2 Posts: 234 ✭✭khamilton


    I've gotten beeped several times recently for stopping on a yellow around Dublin while driving.



  • Registered Users, Registered Users 2 Posts: 3,150 ✭✭✭Paddigol


    Its mad isn't it. I got beeped at last Saturday morning for pausing at a pedestrian crossing as my lights went green on a quiet street (Boghall Rd, Bray) to allow a car waiting to turn right coming against me to cross in front of me (had a queue of cars waiting behind him). Numpty behind me lasted a whole 2 seconds before losing patience.



  • Moderators, Sports Moderators Posts: 26,776 Mod ✭✭✭✭CramCycle


    I once had a guy jump out of his car to give out to me for not going round a corner, at the church end), even though there was an Ambulance oncoming on the main Bray road. TBF, if he did get any angrier, I will never know as I simply drove off when the Ambulance passed, I just left him standing on the side of the road giving out to my previously occupied space



  • Registered Users, Registered Users 2 Posts: 742 ✭✭✭ARX


    One day I was waiting (in a car) at these lights (to the left of where the black Fiesta is in the picture) for the light to turn green. An ambulance approached from the opposite direction on the right hand side of the traffic island on the far side of the junction. The light went green and obviously I didn't move off because there was an ambulance in front of me coming through. Immediately the halfwit behind me leaned on his horn. I was driving an ordinary saloon car, not an SUV or a van, so there is no way he couldn't have seen the ambulance's blue lights over the top of my car. What was he expecting me to do, play chicken with an ambulance?

    image.png


  • Registered Users, Registered Users 2 Posts: 7,502 ✭✭✭MojoMaker


    Rough part of D15 as well. All sorts of weirdos around there.



  • Moderators, Politics Moderators, Paid Member Posts: 45,526 Mod ✭✭✭✭Seth Brundle


    Im hearing that a young teenage girl is in a serious condition following a collision with someone on a scrambler. Firstly, hopefully she is OK. However, while there rightfully will be demands to properly enforce the laws surrounding illegal mopeds and motorbikes, I assume most of the discussion will be about escooters, ebikes and regular bikes

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  • Moderators, Category Moderators, Arts Moderators, Sports Moderators, Paid Member Posts: 55,565 CMod ✭✭✭✭magicbastarder


    That poor girl has died.



  • Registered Users, Registered Users 2 Posts: 234 ✭✭khamilton




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  • Registered Users, Registered Users 2 Posts: 16,309 ✭✭✭✭Thelonious Monk


    Awful but not surprising in the least, it's just a pity they didn't kill themselves rather than an innocent teenage girl. They fly up and down o connell st and past trinity doing wheelies on scramblers and stolen motorbikes, never mind finglas. If the garda really wanted to crack down on it they could, it's part of scumbag culture passed down from the previous generation and it's only getting worse.



  • Registered Users, Registered Users 2 Posts: 1,037 ✭✭✭BP_RS3813


    It does even more damage then that as the E bikes, scooters and scramblers all get looped into one and it gives ammunition to the anti active travel people.

    Not that it would ever happen but you can bet a blanket ban of sorts would include legal 20/kph scooters and bikes which many decent people use to get to work and not only target the scramblers/bigger motorbike/throttle E bike types.



  • Registered Users, Registered Users 2 Posts: 16,309 ✭✭✭✭Thelonious Monk


    Yeah I use a decathlon e bike that maxes out at 25km/h sometimes, plenty of law abiding folks use scooters and e bikes to get around



  • Registered Users, Registered Users 2 Posts: 3,150 ✭✭✭Paddigol


    A big thank you to all the motorists out there on the N11 this morning (especially the hard shoulder rat-runners) for making my bus journey so far read; 1hr 55mins for 11km.

    Remind me what/ who the problem on our roads is?



  • Registered Users, Registered Users 2 Posts: 16,309 ✭✭✭✭Thelonious Monk


    I reopened my Facebook account to log into another site associated with it and the amount of people blaming escooters and the greens for the death of that poor young girl... well I suppose this is why I came off twitter and Facebook



  • Registered Users, Registered Users 2 Posts: 12,924 ✭✭✭✭average_runner


    I think the discussion should be about Scramblers, ebikes and e-scooters.

    The E-bikes/escooter problems seems to come down to an age bracket 13-30.



  • Registered Users, Registered Users 2 Posts: 12,924 ✭✭✭✭average_runner


    Plenty of Law abiding drivers also, but all drivers get slated!!!!!!!!!!!!



  • Registered Users, Registered Users 2 Posts: 16,309 ✭✭✭✭Thelonious Monk


    No drivers generally get a free pass and it is made out that people on bikes are the most dangerous things on the roads, and footpaths



  • Moderators, Category Moderators, Arts Moderators, Sports Moderators, Paid Member Posts: 55,565 CMod ✭✭✭✭magicbastarder


    someone on the thread about the fatality in finglas commented that in the RTE report from the scene, a car can be seen breaking a red at the pedestrian crossing as the camera crew were filming.



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  • Registered Users, Registered Users 2 Posts: 3,150 ✭✭✭Paddigol


    And you have the same people on local FB pages complaining about the coastal erosion on the east coast… if only we had a political party in party who had prioritised these kind of issues, and, I dunno, some kind of system where the citizens could decide what issues matter and what parties get to hold power.

    Colour me shocked



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