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Garda procedure with speeding fines

24

Comments

  • Closed Accounts Posts: 2 swiftandbold


    Thanks for replys just I am from the N.I. and was not sure of procedure thought you had to give fixed penalty notice at side of road when stopped. Correct he did not say summons he said Fixed Penalty notice of €80.00 which has to be paid within 28 days or goes upto €120.00. At looking at the other message he never asked about insurance or asked about producing it at any station so if that comes in do I have a case (I have full insurance).
    Also in N.I. they do caution you but that is only at the side of the road you are not arrested as such unless there is more than just speeding,
    Also do you not get breath test on all stops now or is that accident only?
    Just would like to be clear as I am only keeping myself right do not want a court apperance for speeding


  • Registered Users Posts: 4,957 ✭✭✭Hooch


    Bond-007 wrote: »
    Lads I meant where they sometimes get covered by the hi-vis jackets as used by the traffic corps.

    O right, thats mostly gone bond. Before we were issued with the metal numbers. Now their cloth. Some of us got cloth ones done up years ago and as a result now have many sets. I have one for shirt and ones always on fleese, partol jacket, traffic hi vis, normal hi vis and Bike hi vis. Most members are the same within the last year or so.
    Thanks for replys just I am from the N.I. and was not sure of procedure thought you had to give fixed penalty notice at side of road when stopped. Correct he did not say summons he said Fixed Penalty notice of €80.00 which has to be paid within 28 days or goes upto €120.00. At looking at the other message he never asked about insurance or asked about producing it at any station so if that comes in do I have a case (I have full insurance).
    Also in N.I. they do caution you but that is only at the side of the road you are not arrested as such unless there is more than just speeding,
    Also do you not get breath test on all stops now or is that accident only?
    Just would like to be clear as I am only keeping myself right do not want a court apperance for speeding

    We cannot make a lawful demand of a forgien registered vehicle, unless the driver/owner is resident in the state. We have the power to breath test anyone who has committed any offence under the road traffic act which was added in 2006. We can also as you rightly said test persons involved in an RTC.

    So dont worry you should get it in the post and you can pay it at a post office (An Post only) or your can do a postal payment.


  • Registered Users Posts: 20 melodical


    Hi Lads, I'm wondering if you could help clear something up for me. I was pulled for speeding last week, the Garda only asked to see my license and didn't mention my insurance Cert (which I had in the car), Do I still have to produce it at a station within 10 days?


  • Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Only if you were asked for it.


  • Closed Accounts Posts: 1,253 ✭✭✭cushtac


    Bond-007 wrote: »
    Lads I meant where they sometimes get covered by the hi-vis jackets as used by the traffic corps.

    There should be numbers on the hi-viz too.


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  • Registered Users Posts: 4,957 ✭✭✭Hooch


    cushtac wrote: »
    There should be numbers on the hi-viz too.

    Your 4 months too late with your reply.......:P


  • Registered Users Posts: 20 melodical


    Cheers 007, That's what I was thinking but I was left doubting myself after reading this thread. thanks for the reply.


  • Registered Users Posts: 5,377 ✭✭✭Warper


    I take it that whole rumour about over-paying the fine, receiving the refund cheque and then dont cash it thing is balooney.


  • Registered Users Posts: 4,957 ✭✭✭Hooch


    Warper wrote: »
    I take it that whole rumour about over-paying the fine, receiving the refund cheque and then dont cash it thing is balooney.

    Correct in one. If you send a cheque over paying....then they will send it back asking for the correct amount. Practices like this delay the process to where you then drop into the second period and the fine increases by 50%.


  • Registered Users Posts: 1,938 ✭✭✭deadwood


    Warper wrote: »
    I take it that whole rumour about over-paying the fine, receiving the refund cheque and then dont cash it thing is balooney.

    If someone tries this, the FCPS number-crunchers should lodge the overpaid cheque, then refund the balance in the name of the Big Fat Double Ended Dildo For Fatties Co. Teo. (Idea robbed from Grifters)

    Not too many people cashing that refundcheque, i'd say.


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  • Registered Users Posts: 2 Sean31


    I have received a Fixed Charge Offence Speeding fine in the post. The issue is that my name and address is incorrect on the notice even though I gave the Guard my Driving licence when I was stopped and he noted the details from it. I rang up the office in Thurles and was advised that I could not pay the fine due to the incorrect details and that I would have to contact the Superintendent at the station which it was issued.
    Can anyone advise what the procedure will be? Will they will re-issue me with a new speeding fine or do they have to cancel it as they sent out the fine to an incorrect name and address? Thanks


  • Closed Accounts Posts: 805 ✭✭✭Irish_polizei


    O right, thats mostly gone bond. Before we were issued with the metal numbers. Now their cloth. Some of us got cloth ones done up years ago and as a result now have many sets. I have one for shirt and ones always on fleese, partol jacket, traffic hi vis, normal hi vis and Bike hi vis. Most members are the same within the last year or so.
    The metal numbers were dis-banded because they were causing the seatbelts to wear away..... or something along those lines...


  • Registered Users Posts: 4,160 ✭✭✭TheNog


    The metal numbers were dis-banded because they were causing the seatbelts to wear away..... or something along those lines...

    and more seriously a bike cop was looking over his shoulder when his helmet strap got caught on the metal numbers and he couldnt free himself. He ended up crashing the bike. Not his fault but luckily there were members in a patrol car behind him who saw the whole thing happen and were able to back up his version of events.


  • Moderators, Society & Culture Moderators, Help & Feedback Category Moderators Posts: 9,631 CMod ✭✭✭✭Shield


    I heard the real reason was because a member was on the beat one sunny day on Grafton Street, and the sun reflected off the metal numbers straight up into the eyes of a pilot, who was flying a plane packed with nuns and orphans.

    Luckily, the plane was in the safe hands of Chesley B Sullenberger III, whose decades of flying experience instantly kicked in, and he heroically put his sunglasses on.

    "Just a bit of turbulence folks, you can keep singing."


  • Closed Accounts Posts: 805 ✭✭✭Irish_polizei


    psni wrote: »
    I heard the real reason was because a member was on the beat one sunny day on Grafton Street, and the sun reflected off the metal numbers straight up into the eyes of a pilot, who was flying a plane packed with nuns and orphans.

    Luckily, the plane was in the safe hands of Chesley B Sullenberger III, whose decades of flying experience instantly kicked in, and he heroically put his sunglasses on.

    "Just a bit of turbulence folks, you can keep singing."
    He should of landed her in the liffey for a laugh :pac:


  • Registered Users Posts: 1,523 ✭✭✭TJJP


    TheNog wrote: »
    This is a common problem where people dont seem to hear the demand to produce the insurance cert. TBH you should be asked at the roadside when stopped if you know what your insurance certificate is as many people dont.
    <snip> Why don't the Traffic Corp - or any Garda asking for an Insurance Cert - make the point clear that it's the Cert that is required, not the disc?

    And yes I know people should know this along with a thousand other things but we forget, if this issue annoys Gardai so much nip it in the bud - make sure at the roadside that people know it's the Cert is required.
    melodical wrote: »
    - the Garda only asked to see my license and didn't mention my insurance Cert (which I had in the car), Do I still have to produce it at a station within 10 days?
    Bond-007 wrote: »
    Only if you were asked for it.

    Guys, sorry, but which is it? You’re the professionals and it's often the case that an error is enough for someone to get away with 'murder', 'cause the evidence isn't secured. This thread seems to suggest rent-seeking behaviour, a charge (pardon the pun) often levelled at Gardai, and also that there isn't a standard operation procedure; surely in such a scenario the process is open to abuse?


  • Registered Users Posts: 35 egorski


    Hello,

    I have a question regarding speeding fines. My wife got a speeding
    fine >56 days ago but we just receieved the correspondance now.
    The reason being that we moved house and had a new born baby (our first) in the intervening period and she just never got round to changing
    her vehicle registration - its been rather hectic as you can imagine.
    The speeding fine was sent to her old address.

    She is 10 days over the 56 days period and my understanding is that she now has to go to court. Any recommendations for a course of action? Will she have to go to court?


  • Registered Users Posts: 4,957 ✭✭✭Hooch


    Once the ticket is not paid then it goes directly to court.

    My advice is see a solicitor.
    egorski wrote: »
    Hello,

    I have a question regarding speeding fines. My wife got a speeding
    fine >56 days ago but we just receieved the correspondance now.
    The reason being that we moved house and had a new born baby (our first) in the intervening period and she just never got round to changing
    her vehicle registration - its been rather hectic as you can imagine.
    The speeding fine was sent to her old address.

    She is 10 days over the 56 days period and my understanding is that she now has to go to court. Any recommendations for a course of action? Will she have to go to court?


  • Registered Users Posts: 35 egorski


    thanks nice guy.

    It seems like a foregone decision then that she will have to goto court.

    Would it be worth ringing the office down in Thurles? She has been
    driving for years with no offences upto this point and is quite upset
    at the notion she has broken the law.

    How do we go about getting a solicitor - the yellow pages?


  • Registered Users Posts: 4,957 ✭✭✭Hooch


    No point ringing the FCPS office as they only issue the ticket and take payment.

    Contact your local Garda station and ask for the member who issued it and have a chat with him and he'll explain more.

    An FCPS is nothing to get worried/upset about. Hundreds of people get them everyday. And going to court is a normal occurance too. I know thats easy for me to say but she'll be grand, trust me.

    As for solicitor, ya the golden pages should help you find one near you.
    egorski wrote: »
    thanks nice guy.

    It seems like a foregone decision then that she will have to goto court.

    Would it be worth ringing the office down in Thurles? She has been
    driving for years with no offences upto this point and is quite upset
    at the notion she has broken the law.

    How do we go about getting a solicitor - the yellow pages?


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  • Registered Users Posts: 35 egorski


    Thanks Nice Guy Always,

    We'll do as you advise - neither of us have ever been to court before
    so all of this is new to us. As you said, it is all probably quite run of the mill, its just a massive shock for her as it is a world outside the happy
    buzz of new parenthood!


  • Registered Users Posts: 991 ✭✭✭Leo Demidov


    No point ringing the FCPS office as they only issue the ticket and take payment.

    Contact your local Garda station and ask for the member who issued it and have a chat with him and he'll explain more.

    An FCPS is nothing to get worried/upset about. Hundreds of people get them everyday. And going to court is a normal occurance too. I know thats easy for me to say but she'll be grand, trust me.

    As for solicitor, ya the golden pages should help you find one near you.

    Family member in very similar circumstance sent letter to local super explaining circumstances, due to time limits still had to go to court and the super asked him to have certain documentation with him on the day. He got to speak directly to super and guard before case was heard and verify his story with them.

    They were happy to accept his version of events but it had to go before the judge because of last minute nature of events. When asked by the judge did he accept charges brought against him, poor chap said yes. Super and guard had to intervene at this stage to explain his situation much to the amusement of all involved.

    Moral of the story: Speak to the guard, be honest and respectful. Be very clear as to how they intend to pursue the matter on the day. If necessary hire a solicitor. In the case with which I am familiar a solicitor was not necessary but circumstances vary. Dont worry and good luck.


  • Closed Accounts Posts: 10,968 ✭✭✭✭Praetorian Saighdiuir


    Hi all,

    Im in a similar situation, I got a parking fine and didnt pay within the 56 days. Im sure everyone has an excuse just like me.

    It came to the house while I was in Chad for 2 weeks (doin Defence Forces end of mission admin). My father put it up "somewhere safe" in the house and forgot to tell me about it. Anyway, he found it this morning and handed it to me, saying that it arrived while I had been away. Turns out that today is the 57th day and I cannot pay.

    I havent been in this situation before so i dont know what to expect. Is it necessary to get a solicitor? What punishment will I recieve? Do I get penalty points?

    Thanks all.




  • benwavner wrote: »
    Hi all,

    Im in a similar situation, I got a parking fine and didnt pay within the 56 days. Im sure everyone has an excuse just like me.

    It came to the house while I was in Chad for 2 weeks (doin Defence Forces end of mission admin). My father put it up "somewhere safe" in the house and forgot to tell me about it. Anyway, he found it this morning and handed it to me, saying that it arrived while I had been away. Turns out that today is the 57th day and I cannot pay.

    I havent been in this situation before so i dont know what to expect. Is it necessary to get a solicitor? What punishment will I recieve? Do I get penalty points?

    Thanks all.

    See below. (which is an answer from about 5/6 posts above)
    No point ringing the FCPS office as they only issue the ticket and take payment.

    Contact your local Garda station and ask for the member who issued it and have a chat with him and he'll explain more.

    An FCPS is nothing to get worried/upset about. Hundreds of people get them everyday. And going to court is a normal occurance too. I know thats easy for me to say but she'll be grand, trust me.


  • Closed Accounts Posts: 10,968 ✭✭✭✭Praetorian Saighdiuir


    foreign wrote: »
    See below. (which is an answer from about 5/6 posts above)

    Thanks Foreign but it doesnt really answer my queries.

    Do i really need a solicitor for this matter?

    Is it mandatory to get penalty points?

    What other punishment can I expect?

    Im not trying to get out of it, im just looking to know exactly what im up against.

    Cheers.


  • Registered Users Posts: 4,957 ✭✭✭Hooch


    benwavner wrote: »
    Thanks Foreign but it doesnt really answer my queries.

    Do i really need a solicitor for this matter?

    Is it mandatory to get penalty points?

    What other punishment can I expect?

    Im not trying to get out of it, im just looking to know exactly what im up against.

    Cheers.

    Mandatory 4 points on conviction in court. This is applied by the department and the Garda and Judge have no power over them.

    You will be looking at a fine of between €150 and €300.

    Best advice is see a solicitor, although you may not need one if pleading guilty it is wise to be repersented in all court dates.


  • Closed Accounts Posts: 10,968 ✭✭✭✭Praetorian Saighdiuir


    Mandatory 4 points on conviction in court. This is applied by the department and the Garda and Judge have no power over them.

    You will be looking at a fine of between €150 and €300.

    Best advice is see a solicitor, although you may not need one if pleading guilty it is wise to be repersented in all court dates.


    Thanks Nice guy always,

    Now I know what to expect........sounds great. I cant believe that you get 4 penalty points for that!


  • Closed Accounts Posts: 4 Sparking Sea


    Hi,

    I got stopped for speeding in middle of June. Produced everthing that was required within alotted time and still have not received anything in the post over 5 months later. Have I slipped through that cracks or have I cursed myself by posting this and will receive it in tomorrows post?


  • Closed Accounts Posts: 805 ✭✭✭Irish_polizei


    Hi,

    I got stopped for speeding in middle of June. Produced everthing that was required within alotted time and still have not received anything in the post over 5 months later. Have I slipped through that cracks or have I cursed myself by posting this and will receive it in tomorrows post?

    Just give it time son, just give it time......theres a bit of a backlog this past few months, theyve cut back staff in the office that sends out fines ......:rolleyes:


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  • Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    It will be statute barred if they don't get a move on.


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