Garda stop but what happens next?

MagsDar · 25-11-2015 12:18am #1

Hi everyone. I was stopped for speeding on a motorway near Kilkenny by Garda traffic last Saturday morning. I was in a bit of a rush for work and emarassed to say, I was going 148km which she pointed out to me as she stopped me. She was by herself, asked for my driving licence. I was shaking as I was never stopped before and I just felt embarrassed, like a bald kid. Anyway she took me details, said nothing else apart from "Slow down, you can go". So I don't know what will happen next? If she will issue a ticket or not, I was so shaken that I actually never asked her. Did anyone else had experience like mine? I am just not sure if I will get a ticket or not, and if so how long does it take? I just need to intercept it in the post so my hubby wont see it.

flazio · 25-11-2015 12:25pm

I think because you weren't out to get one over the Gardaí, they let you off with a warning. Pretty sure Gardaí have to explain what further action they are taking if they are taking further action. Drive safely and heed the warning.

Little CuChulainn · 25-11-2015 7:32pm

I'd say you'll get a fixed charge penalty in the post. Pay it in the post office and that's the end of it, other than the penalty points applied to your licence.

MagsDar · 25-11-2015 10:09pm

Thanks for your replies. I am just so stressed over it for no reason, I guess as what's done is done and I can't help it. Would you know by any chance how long might it take to get the letter from them? Driving for 15 years and never stopped or fined until now...

25-11-2015 10:41pm

MagsDar wrote: »

Thanks for your replies. I am just so stressed over it for no reason, I guess as what's done is done and I can't help it. Would you know by any chance how long might it take to get the letter from them? Driving for 15 years and never stopped or fined until now...

Never caught until now.

Did you hand over your licence? If not did they make demand for you to produce? Generally you would be told that you are going to receive an FCPS and how much it is, how long to pay, the increase of you don't pay and summons of you fail to pay after 56 days from issue. (Not the day you are stopped)

You could receive it in a week or a month, it depends how often the Garda submits their tickets and if you have to produce your licence in the station.

MagsDar · 25-11-2015 10:51pm

That's probably right too

. She stopped me,told me I was speeding and asked for my licence. When I was searching each pocket of my purse for it (my hands shaking, panicking I left it at home, or lost it etc) she went to the backing my car, I can only assume to get my licence plate. She came back l, I handed over my licence. I've seen her taking all my details to ger note pad. She then asked what my address was, gave my driving licence back and told me to slow down and go. That's it. No mention of the ticket or what will happen. My only words were "so sorry" "heres my licence" "my address" and "sorry again". So I have no clue as to I will get fine or not...

yourpics · 26-11-2015 2:09am

MagsDar wrote: »

That's probably right too . She stopped me,told me I was speeding and asked for my licence. When I was searching each pocket of my purse for it (my hands shaking, panicking I left it at home, or lost it etc) she went to the backing my car, I can only assume to get my licence plate. She came back l, I handed over my licence. I've seen her taking all my details to ger note pad. She then asked what my address was, gave my driving licence back and told me to slow down and go. That's it. No mention of the ticket or what will happen. My only words were "so sorry" "heres my licence" "my address" and "sorry again". So I have no clue as to I will get fine or not...

Sounds like you won't hear anymore about it, just a warning by all accounts, your details where probably taken to check for tax / insurance / licence / any outstanding issues

26-11-2015 9:07am

MagsDar wrote: »

That's probably right too . She stopped me,told me I was speeding and asked for my licence. When I was searching each pocket of my purse for it (my hands shaking, panicking I left it at home, or lost it etc) she went to the backing my car, I can only assume to get my licence plate. She came back l, I handed over my licence. I've seen her taking all my details to ger note pad. She then asked what my address was, gave my driving licence back and told me to slow down and go. That's it. No mention of the ticket or what will happen. My only words were "so sorry" "heres my licence" "my address" and "sorry again". So I have no clue as to I will get fine or not...

I'd say you are safe.

26-11-2015 9:14am

OP!
You should be ok!
Gardai are very observant.

She probably saw you were shaking and nervous and may have decided to give you a warning!

civdef · 26-11-2015 11:52am

I was going 148km

Probably not what you want to be hearing, but you should have a look at the mess a car that's going that hard makes when something goes wrong. The road isn't designed for that speed and the car definitely isn't designed to stand up to a hit at that speed.

Bit of a killjoy, I know, but just trying to inject some perspective. There's worse things than being down €80 and having an awkward conversation with the other half.

afatbollix · 26-11-2015 12:57pm

When I got stopped a while ago I had to ask in the end why I was stopped. The reply was oh yea you were doing 55kph in a 50kph. He didn't give me anything and didn't say anything you hear on these TV shows. Some times when you do the same thing day in day out you forget that people won't have a clue what the protocol is and won't know what happens after you get stopped. As she asked your address Id say you will have a ticket in the post.

MugMugs · 27-11-2015 8:12pm

yourpics wrote: »

Sounds like you won't hear anymore about it, just a warning by all accounts, your details where probably taken to check for tax / insurance / licence / any outstanding issues

Wouldn't be too sure about that. I've found Gardai unwilling to pre warn you that you've just been booked. Saves them a stand off and stops them having to deal with an irate motorist.

gctest50 · 27-11-2015 8:34pm

civdef wrote: »

Probably not what you want to be hearing, but you should have a look at the mess a car that's going that hard makes when something goes wrong. The road isn't designed for that speed and the car definitely isn't designed to stand up to a hit at that speed.
...........

I don't think the road cares much as yer heart attempts to leave yer body via the nostrils

good 'cos its a hyundai or something that'd be in ireland :

easygoing1982 · 28-11-2015 9:58am

afatbollix wrote: »

When I got stopped a while ago I had to ask in the end why I was stopped.

In fairness thats the fairly logical thing to do.Maybe even ask the guard what action do they intend on taking;)

Pkiernan · 28-11-2015 10:07am

It's plain that the OP will get a ticket in the post. 80 euro and 2 points.
The Guard took name, address,license details and number plate.

She is not looking to send out a Christmas card.

kilsmum · 28-11-2015 10:20am

It's 3 points now

irishrgr · 29-11-2015 8:35pm

Do the Gardaí not have to have the motorist sign something and give them a document of some kind even if it's a warning? Essentially it's proof of the stop and the violation even if it's follow up in the post with the fixed penalty notice.

We have to document all stops, even if it's a warning (no fine, nothing), motorist signs, they keep a copy and so do we. Even with the new digital devices, they get a print out (looks like a register receipt) with the details. It protects the officer and the public from any silliness. And yes, no one is happy when you start the "you are being issued a ticket for (insert violation here)...." easy prevention is slow down....A

29-11-2015 8:54pm

irishrgr wrote: »

Do the Gardaí not have to have the motorist sign something and give them a document of some kind even if it's a warning? Essentially it's proof of the stop and the violation even if it's follow up in the post with the fixed penalty notice.

Nope. Nothing at all. You don't even get the ticket at the roadside.

irishrgr · 04-12-2015 3:08am

Interesting, that seems very open to malfeasance. If I don't have proof of the violation, then a Garda could write anything they want when the ticket is written up. If I'm stopped for speeding, what's to say a member doesn't want to add on a broken tail light or up the speed violation by 20Kmph?

Don't get me wrong, as an officer, I trust the Gardaí and the majority of them are honest, hard working people doing a dangerous job. I just see this as a gap in the process. Proof of the stop and violation protects both the officer and the subject, everyone knows what's the story and they can take it up with the judge after the fact.

As an aside, do the Garda cars have video systems to at least record what happened?

A

MrMaki · 04-12-2015 3:39am

I was in similar situation. Garda asked for my DL, address, told me I was going too fast and that was it. 2-3 weeks later a ticket arrived via post. Paid the same day, and rang my insurance company to tell them the news ( btw your premium won't change unless you have more than 4 penalty points).

04-12-2015 7:52am

irishrgr wrote: »

Interesting, that seems very open to malfeasance. If I don't have proof of the violation, then a Garda could write anything they want when the ticket is written up. If I'm stopped for speeding, what's to say a member doesn't want to add on a broken tail light or up the speed violation by 20Kmph?

Don't get me wrong, as an officer, I trust the Gardaí and the majority of them are honest, hard working people doing a dangerous job. I just see this as a gap in the process. Proof of the stop and violation protects both the officer and the subject, everyone knows what's the story and they can take it up with the judge after the fact.

As an aside, do the Garda cars have video systems to at least record what happened?

A

Everything goes in the notebook. You can choose not to pay the ticket and fight it in court.

Only cars with video are the ANPR ones and they don't record audio outside the car. You're obviously looking at systems they have in the States where officers are miked up?

Zambia · 04-12-2015 2:19pm

MagsDar wrote: »

Hi everyone. I was stopped for speeding on a motorway near Kilkenny by Garda traffic last Saturday morning. I was in a bit of a rush for work and emarassed to say, I was going 148km which she pointed out to me as she stopped me. She was by herself, asked for my driving licence. I was shaking as I was never stopped before and I just felt embarrassed, like a bald kid. Anyway she took me details, said nothing else apart from "Slow down, you can go". So I don't know what will happen next? If she will issue a ticket or not, I was so shaken that I actually never asked her. Did anyone else had experience like mine? I am just not sure if I will get a ticket or not, and if so how long does it take? I just need to intercept it in the post so my hubby wont see it.

148? Jesus wept if you you receive nothing that cop is a joke or your mother. Even in a 120 zone

04-12-2015 6:26pm

Zambia wrote: »

148? Jesus wept if you you receive nothing that cop is a joke or your mother. Even in a 120 zone

Nothing wrong with using discretion.

irishrgr · 04-12-2015 11:12pm

Yeah, I was talking about the video/audio systems we have in our cars. They are required by State law on all patrol vehicles. They are great, it protects the officer and public from any dodgy business. It's all recorded to a hard drive in the boot and only supervisors can open the hard drive. In our system they can also remote in to your camera and see what you are seeing...

I still find it a bit alarming in Ireland it "all goes in the notebook" as you can write anything you want in a notebook, but so goes Ireland I suppose.

A

05-12-2015 2:25pm

irishrgr wrote: »

I still find it a bit alarming in Ireland it "all goes in the notebook" as you can write anything you want in a notebook, but so goes Ireland I suppose.

A

Contemptuous notes, nothing wrong with them. Used in a lot of forces still.

I'd have no problem using bodycam or vehicle cam if introduced.

And America is weird when it comes to law enforcement, like having to have unmarked cars on dept licence plates in some states and providing advance notice of drink/drive checkpoints and making sure there is a route available to avoid them!

Zambia · 06-12-2015 3:40pm

foreign wrote: »

Nothing wrong with using discretion.

I agree but 30kmph over is outside discretions realm IMO. In fact here the police would take your car.

Your vehicle could be impounded if you commit offences such as:
•speeding at 45 km/h or more over the speed limit (or 145 kilometres per hour or more if the speed limit is 110 kilometres per hour)

07-12-2015 2:45am

Zambia wrote: »

I agree but 30kmph over is outside discretions realm IMO. In fact here the police would take your car.

Your vehicle could be impounded if you commit offences such as:
•speeding at 45 km/h or more over the speed limit (or 145 kilometres per hour or more if the speed limit is 110 kilometres per hour)

We don't know the overall circumstances of the incident, weather, traffic volume. The Garda could have seen from the drivers reaction that they were remorseful and understood the consequences. Lots goes into the decision of giving a ticket or not.

Zambia · 07-12-2015 12:52pm

Well considering the OP stated they were on the way to work. I asked a cop here yesterday would that be within the realms of discretion (which is vital IMO to any police officer) and he said simply questions would be asked why the laser gun has a 148 reading and there is no infringement corresponding to it.

07-12-2015 11:15pm

Zambia wrote: »

Well considering the OP stated they were on the way to work. I asked a cop here yesterday would that be within the realms of discretion (which is vital IMO to any police officer) and he said simply questions would be asked why the laser gun has a 148 reading and there is no infringement corresponding to it.

It can still be recorded on PULSE without a prosecution.

irishrgr · 08-12-2015 2:19am

foreign wrote: »

Contemptuous notes, nothing wrong with them. Used in a lot of forces still.

I'd have no problem using bodycam or vehicle cam if introduced.

And America is weird when it comes to law enforcement, like having to have unmarked cars on dept licence plates in some states and providing advance notice of drink/drive checkpoints and making sure there is a route available to avoid them!

Yeah, we're getting 50 body cams to evaluate later this year. Lots of unanswered questions on that. When is it on, what's recorded, what's got to be sanitized if released...it'll shake out over time.

Unmarked cars with dept plates is common enough. Our detectives use "painfully unmarked" cars (as a mate said) which have agency plates. They are not trying to hide, it's very obvious it's the fuzz. But, as a unmarked, non patrol vehicle, then it doesn't have to have the roof lights & video systems (required by state law). They have dash/grille lights, etc. but we can't use them for stops except in exceptional circumstances. It saves the dept money by not having to kit them out.

The undercovers use random cars, mate of mine had a nice seized Lexus she used when she was in narcotics, she hated to pass it on. But they have no kit, you'd never know they were the law.

DWI checkpoints: depending on the state law, they are announced as a means of avoiding legal challenges. DWI checkpoints can be legally tricky with the probable cause issue, we don't have 'em in Texas, not allowed under state law. (yet you can buy guns in a Wal Mart...go figure). They are also announced as a preventative, idea being maybe people won't take a chance...not so much.

A

yourpics · 08-12-2015 11:21am

irishrgr wrote: »

Yeah, we're getting 50 body cams to evaluate later this year. Lots of unanswered questions on that. When is it on, what's recorded, what's got to be sanitized if released...it'll shake out over time.

Unmarked cars with dept plates is common enough. Our detectives use "painfully unmarked" cars (as a mate said) which have agency plates. They are not trying to hide, it's very obvious it's the fuzz. But, as a unmarked, non patrol vehicle, then it doesn't have to have the roof lights & video systems (required by state law). They have dash/grille lights, etc. but we can't use them for stops except in exceptional circumstances. It saves the dept money by not having to kit them out.

The undercovers use random cars, mate of mine had a nice seized Lexus she used when she was in narcotics, she hated to pass it on. But they have no kit, you'd never know they were the law.

DWI checkpoints: depending on the state law, they are announced as a means of avoiding legal challenges. DWI checkpoints can be legally tricky with the probable cause issue, we don't have 'em in Texas, not allowed under state law. (yet you can buy guns in a Wal Mart...go figure). They are also announced as a preventative, idea being maybe people won't take a chance...not so much.

A

Would the Lexus have insurance? Garda Vehicles usually only have tax so that might give it away

08-12-2015 12:59pm

yourpics wrote: »

Would the Lexus have insurance? Garda Vehicles usually only have tax so that might give it away

An unmarked won't have the discs but you can be sure surveillance cars would.

Galway K9 · 08-12-2015 1:15pm

Ive got details taken before, and never heard from it ever again.

I wouldnt worry OP, id say its just 60 euro fine.

cichlid child · 08-12-2015 1:23pm

MagsDar wrote: »

Hi everyone. I was stopped for speeding on a motorway near Kilkenny by Garda traffic last Saturday morning. I was in a bit of a rush for work and emarassed to say, I was going 148km which she pointed out to me as she stopped me. She was by herself, asked for my driving licence. I was shaking as I was never stopped before and I just felt embarrassed, like a bald kid. Anyway she took me details, said nothing else apart from "Slow down, you can go". So I don't know what will happen next? If she will issue a ticket or not, I was so shaken that I actually never asked her. Did anyone else had experience like mine? I am just not sure if I will get a ticket or not, and if so how long does it take? I just need to intercept it in the post so my hubby wont see it.

Hope you get done, Bald kids shouldn't feel embarrassed.

Galway K9 · 08-12-2015 2:06pm

Zambia wrote: »

I agree but 30kmph over is outside discretions realm IMO. In fact here the police would take your car.

Your vehicle could be impounded if you commit offences such as:
•speeding at 45 km/h or more over the speed limit (or 145 kilometres per hour or more if the speed limit is 110 kilometres per hour)

Would this not "or 145 kilometres per hour or more if the speed limit is 100 kilometres per hour"

Zambia · 08-12-2015 2:27pm

Galway K9 wrote: »

Would this not "or 145 kilometres per hour or more if the speed limit is 100 kilometres per hour"

Nope max speed limit here in Victoria is 110,

irishrgr · 08-12-2015 8:51pm

The undercover cars are taxed and insured just like anyone else's car. If you run the number plate, it'll come back to whatever fake identity they are using for the vehicle. Depending on the degree of the depth of UC work, the officer will have ID that matches their UC profile, car registered in same name/address, credit cards, the lot. It's fairly closely controlled but necessary as the bad guys are smart too. My mate enjoyed her time doing it but was happy enough to be back to normal detective work, lower stress, easier on friends and family. And no, she didn't get to keep the Lexus....:)
A

happypants · 08-12-2015 8:57pm

I was stopped for doing 60km in a 50km zone. In a spot known for always having a speed check. My own fault I know! Got pulled in, name address taken etc but it was never explained what happens next and I didn't ask. Got a fine and 2 penalty points.

irishrgr · 08-12-2015 9:00pm

Sorry, reading the other posts...duh...interesting a car can be seized, that'll ruin your day allright. We can't seize it for speeding but we can arrest you and take you to jail and have it towed. Once you are released, you then have to go get it from the tow yard and you are responsible for towing and storage fees. This runs to about $200.

It's a common enough misconception that speeding is not an arrestable offense, but it actually is. It's just a whole lot easier to hand them a ticket as there is little value in clogging up the jails with speeders. The ticket is your agreement to appear in court, not an admission of anything else.

We don't have a written policy on speeding discretion, but most of us go with 5-10MPH except for the school zones. In a school zone the limit is usually 15-20MPH, so a mile or so over that will probably get you a ticket.

A

esforum · 08-12-2015 9:13pm

MagsDar wrote: »

That's probably right too . She stopped me,told me I was speeding and asked for my licence. When I was searching each pocket of my purse for it (my hands shaking, panicking I left it at home, or lost it etc) she went to the backing my car, I can only assume to get my licence plate. She came back l, I handed over my licence. I've seen her taking all my details to ger note pad. She then asked what my address was, gave my driving licence back and told me to slow down and go. That's it. No mention of the ticket or what will happen. My only words were "so sorry" "heres my licence" "my address" and "sorry again". So I have no clue as to I will get fine or not...

Your details were taken because thats what they are supposed to do. Take details of interaction.

Personally If I met a woman driving a little over the limit and clearly shaken by the mere fact she was pulled I would take details, check later if its a first time offence or if its a con and shes got loads of tickets. If theres no history, its a warning and I wouldnt feel the need to do anymore.

I usually tell people thats my plan as well though, some dont.

Shield · 08-12-2015 11:51pm

Moderator comment:

Guys, jurisdiction is key here. The OP is tacitly asking if anyone has had similar experiences in the realm of the Republic of Ireland. Can I please ask that we keep this in mind when deciding to reply, and also to please keep your replies on-topic?

Thanks.

-Shield.

flazio · 09-12-2015 9:41am

Speaking of the OP, it's now been 2 weeks since the thread started. I reckon if the Gardaí were taking the incident any further the OP would have heard from them by now.

Garda stop but what happens next?

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