Garda procedure with speeding fines

egorski · 31-10-2009 9:57pm

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!

Leo Demidov · 01-11-2009 3:06am

nice guy always wrote: »

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.

Praetorian Saighdiuir · 05-11-2009 8:05pm

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.

05-11-2009 8:33pm

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)

nice guy always wrote: »

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.

Praetorian Saighdiuir · 06-11-2009 12:16am

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.

Hooch · 06-11-2009 3:58am

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.

Praetorian Saighdiuir · 06-11-2009 7:15pm

nice guy always wrote: »

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!

Sparking Sea · 23-11-2009 8:17pm

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?

Irish_polizei · 23-11-2009 8:33pm

Sparking Sea wrote: »

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:

Our man in Havana · 23-11-2009 9:06pm

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

23-11-2009 10:48pm

Bond-007 wrote: »

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

Not if the summons has already been applied for. Freeflow offences are only coming up now from last year.

eamo_ · 24-11-2009 2:37pm

can points be givin to northern liscened drivers driving a sorthern regestered car

Shield · 24-11-2009 2:39pm

eamo_ wrote: »

can points be givin to northern liscened drivers driving a sorthern regestered car

Driven where?

eamo_ · 24-11-2009 2:40pm

in the south shoule emphise it was a fair cop was doing 100 kph in a 80 not trying to get out of the fine just hoping the points wont come

Shield · 24-11-2009 2:44pm

eamo_ wrote: »

in the south

Not yet AFAIK. That will be changing soon though. I'm sure a member of AGS will correct me if I'm wrong.

eamo_ · 24-11-2009 2:49pm

thanks for the quick reply psni

Shield · 24-11-2009 2:56pm

Read here for more information.

"If someone is driving in Ireland on a foreign licence, the driver's details are held on a separate database for the purpose of recording penalty points. If that driver applies for and obtains an Irish driving licence, the penalty points are then activated on that licence."

walwa · 04-12-2009 4:59pm

I am a foreigner been resided in Ireland for 10 years. Recently I got caught for making an illegal left turn on the way to work, my excuse was I followed some other cars to make a turn, that morning there were other few cars got caught as well. I don't deny that offense and will accept the fine and 1 penalty point.

My question here is:

If I don't receive a letter about fine and penalty point, does it mean the record is not in the system database.

The reason I am making this query is because I am about to apply for Irish Citizenship Naturalisation, and there is a field in the application form

HAVE YOU EVER COMMITTED ANY OFFENCES AGAINST THE LAWS OF IRELAND OR ANY OVERSEAS COUNTRY?

I am not sure if I need to answer “Yes” since I haven't received any formal letter yet, i don't intend to lie, but as a normal person, this is a natural psychological reaction. I am quite upset with the offense I've made, and really wish I have a luck to get rid of that bad record. I have been doing good for years, and now this offense may lead to a rejection of the citizenship application according this report even this is the only offense I have made.

So should I fill "Yes" in that field even I haven't received the formal letter? Thx!

Leo Demidov · 05-12-2009 11:57pm

Good show on rte radio one this evening, plenty of legal advice being sought and dished out. Similar story to your own bar the guy had a load of parking violations and believes this may have gone against his failed application.

Their best advice was to be honest in your application, possibly seek advice from emigrants council or an emigration lawyer. Your application works on a points scale and failure to disclose will cost you more points. One penalty point shouldnt make any difference as they are judging your character not your driving skill or ability. It doesnt equate to a criminal conviction in any event but honesty is the best policy.

http://www.emigrantadvice.ie/coming_to_ireland.htm

Hooch · 08-12-2009 12:22am

Just on this.....any illegal advice will result in an instant infraction and ban.

One user has suffered this......let it be the last.

walwa · 08-12-2009 1:05am

wexfjord wrote: »

Good show on rte radio one this evening, plenty of legal advice being sought and dished out. Similar story to your own bar the guy had a load of parking violations and believes this may have gone against his failed application.

Their best advice was to be honest in your application, possibly seek advice from emigrants council or an emigration lawyer. Your application works on a points scale and failure to disclose will cost you more points. One penalty point shouldnt make any difference as they are judging your character not your driving skill or ability. It doesnt equate to a criminal conviction in any event but honesty is the best policy.

http://www.emigrantadvice.ie/coming_to_ireland.htm

Thanks wexfjord for the information and advice. I will enquiry lawyer about this.

Just on this.....any illegal advice will result in an instant infraction and ban.

One user has suffered this......let it be the last.

Wow, sounds scary!!!! However the comment is not welcome here，it makes me feel like I am trying to do a bad thing. I wasn't looking for any illegal advice, just wanted to know the formal process, such as if your salary hasn't been transferred to you account, could you say you have received money?

Hooch · 08-12-2009 1:08am

walwa wrote: »

Wow, sounds scary!!!! However the comment is not welcome here. I am not looking for any illegal advice, if it was, you would never have a chance to read it(I wouldn't publish it)。

Nor is that comment welcome, infracted for questioning a mod in open forum.

My post refered to a deleted post in which the poster offered illegal advice.

tracy3135 · 08-12-2009 5:45pm

nice guy always wrote: »

*snip*

So that explains your attitude! You are a traffic monkey eh?

So you don't think you alienate members of the public by persecuting them every day to line the coffers of the government, mmmmm, pot kettle me thinks

Hooch · 08-12-2009 5:53pm

tracy3135 wrote: »

So that explains your attitude! You are a traffic monkey eh?

So you don't think you alienate members of the public by persecuting them every day to line the coffers of the government, mmmmm, pot kettle me thinks

Have a months holidays to think about it.....

vladcount · 04-08-2012 11:48pm

hi guys im wondering could you help me me and my friend who was driving was driving back from co. tip back to dublin and we were on m50 and was pulled over by road corp. saying that he was driving in a 60 km area and he was driving 72 km but he wasnt but no worries there he was told that he was being fined so how long will it take for the notice to come to him that he has to pay the €80 fine? does he have to wait for the letter or can he go up to garda office and pay the fine or is it a post office job ?
whats the procedure

Eru · 05-08-2012 2:57am

vladcount wrote: »

does he have to wait for the letter or can he go up to garda office and pay the fine or is it a post office job ?
whats the procedure

Why not just wait for the fine and then read the instructions?

deadwood · 05-08-2012 1:18pm

Eru for Kofi Annan's job.

willcork12 · 23-09-2015 2:00pm

is a garda legally required to tell a person they are being fined for a traffic offence

mikeecho · 24-09-2015 12:21pm

willcork12 wrote: »

is a garda legally required to tell a person they are being fined for a traffic offence

No legal requirement, otherwise they would have to jump out of the speed van, Chase u down, and tell you that a ticket is on its way.

DE1991 · 28-01-2017 1:55pm

If a Garda was standing on motorway (120kmph) witht the camera and you were doing between 130-135, is it 100% that you will get the fine and points or is it at their discretion?

Thanks in advance

D Trent · 28-01-2017 3:33pm

DE1991 wrote: »

If a Garda was standing on motorway (120kmph) witht the camera and you were doing between 130-135, is it 100% that you will get the fine and points or is it at their discretion?

Thanks in advance

It's Gosafe or Gatso vans that send fine and points in the post.

The guard would have followed and stopped you there and then.
He would really only be looking for the guy doing 150+
Which motorway was he on?

DE1991 · 28-01-2017 3:36pm

D Trent wrote: »

It's Gosafe or Gatso vans that send fine and points in the post.

The guard would have followed and stopped you there and then.
He would really only be looking for the guy doing 150+
Which motorway was he on?

Oh grand thats alright so is that gospel or just more than likely?
On m7 from tipp to dublin tucked in under a bridge

D Trent · 28-01-2017 3:42pm

DE1991 wrote: »

Oh grand thats alright so is that gospel or just more than likely?
On m7 from tipp to dublin tucked in under a bridge

No you are safe, they would follow you and pull you in, and if you contested your speed he'd show you your speed on the gun.
Were you headed for the open day ?

DE1991 · 28-01-2017 3:43pm

D Trent wrote: »

No you are safe, they would follow you and pull you in, and if you contested your speed he'd show you your speed on the gun.
Were you headed for the open day ?

Ah very good!
I might have been on the way home from it ha

Neil3030 · 08-03-2018 11:43pm

Hi hope it's OK to post here: I was caught driving while on the phone over the Xmas period. The Gard said I'd have 90 days to pay the ensuing fine, or else it ramps up, both in terms of points and size of fine. Fair enough.

However nothing has apparently arrived at my folks' place (address I still use on my Irish license).

Is there anyone I can contact to see what the story is? I've heard of a fair few people who have been called to appear in court because they didn't pay an on-the-spot fine that they genuinely never received. I live on the other side of the planet, so a court appearance would be most inconvenient!

DmanDmythDledge · 01-08-2020 1:32am

Apologies for bringing up old thread but seemed best place to post it.

Recently got pulled over on m50; was travelling at 112kmph. As I’ve been doing for 10+ years on it and never been clocked by cameras or pulled over. Anyway guard was saying he was doing 120kmph so I must have been doing 130kmph to catch up with him.

Got told I’d be getting FCPS. Is this legal seeing as there is no evidence? I explained how speedometers are not accurate and still within 10% margin and also unlikely my actual speed was over 100kmph. Seems very unfair and I’ve never had any driving convictions in 15 years and drive a modest 1l car. The risks of challenging in court compared to the FCPS aren’t worth the risk.

BaronVon · 01-08-2020 10:31am

Was he on his own in the car? According to S81(5) evidence of speed needs to be corroborated by a second person in such an scenario.

Personally, from what you have said, I doubt you are getting a ticket, unless your attitude was particularly bad on the day.

antix80 · 01-08-2020 10:50am

BaronVon wrote: »

Was he on his own in the car? According to S81(5) evidence of speed needs to be corroborated by a second person in such an scenario.

Like explaining the speedometer showed 112

BaronVon wrote: »

Personally, from what you have said, I doubt you are getting a ticket, unless your attitude was particularly bad on the day.

Like arguing if you adjust for 10%+1 it's barely over the limit.. And also the garda wasn't wearing a hat

DmanDmythDledge · 03-08-2020 10:16pm

BaronVon wrote: »

Was he on his own in the car? According to S81(5) evidence of speed needs to be corroborated by a second person in such an scenario.

Personally, from what you have said, I doubt you are getting a ticket, unless your attitude was particularly bad on the day.

There was one other Garda in the car, they remained in it while he was talking to me. My attitude was fine so fingers crossed.

DmanDmythDledge · 07-08-2020 7:00pm

Got a fixed charge offence in the post today. Not for speeding but for "overtaking on the left". Shocked at this because the guard agreed with me at the time that time that this did not occur (and was not raised by him but by me).

To put this into context - car in middle lane of m50 doing c. 80kmph (but overtaking). Car in front of me and myself were travelling at c. 90/95kmph in the far right lane and overtook the car. I waited c. 10 seconds for the car in front to move into the middle lane (as no longer overtaking). I proceeded to move into middle lane as there were cars coming from behind. Very gradually I "overtook" the car in the right lane. As far as I can see, I was not the vehicle that did not follow the rules of road.

Shocked and annoyed at this, especially as the guard agreed with me that I did not commit any offence by doing this. Anyone have any thoughts? I haven't examined the legislation yet but will do so over the weekend.

antix80 · 07-08-2020 7:11pm

DmanDmythDledge wrote: »

Got a fixed charge offence in the post today. Not for speeding but for "overtaking on the left".

Is that the name of the offence?

You did undertake by your own admission but i didn't realise it was its own category of offence - i always thought that would be classed under careless or dangerous driving.

DmanDmythDledge · 07-08-2020 7:14pm

As I said I'm shocked that it was classified as such and need to read the wording of the legislation. But I thought I was following the rules of the road by not remaining in an overtaking lane when I wasn't overtaking. I stayed in the middle lane and did not go back into the far right lane. Obviously if I had that is clearly undertaking.

DmanDmythDledge · 07-08-2020 7:19pm

Undertaking permitted in three prescribed cases: 1) You want to go straight ahead when the driver in front of you has moved out and signalled that they intend to turn right. 2) You have signalled that you intend to turn left, 3) Traffic in both lanes is moving slowly but traffic in the left-hand lane is moving more quickly than the right-hand lane – for example, in slow moving stop/start traffic conditions.

Just found that from a quick Google search. As said, I'll need to check out the legislation if scenario #3 could apply.

AD333 · 04-04-2022 12:03pm

https://www.boards.ie/discussion/comment/106382368#Comment_106382368

@Neil3030, I am in the same situation - would you be able to add how this worked out? Its been over a month since i was pulled over and have not yet received the notice. I would like to know where i follow this up rather than waiting for a possible court appearance. Thanks

Neil3030 · 22-04-2022 12:50am

https://www.boards.ie/discussion/comment/118878050#Comment_118878050

Definitely follow up. I can't remember exactly where we called (may have been the local station near where I was pulled over), but eventually got word that the fine had been sent out months before and not arrived. If you don't know the station, try a more central office.

confussed123 · 11-05-2023 10:06am

Hi,

i got pulled over this morning. Light was amber, alas Garda said red. Took my licence. Went to their car. Came back and said it was red. And walked away. What can I expect? Said nothing about getting a fine or didn’t ask for my name or address

thebiglad · 11-05-2023 10:18am

https://www.boards.ie/discussion/comment/120582106#Comment_120582106

Get a dash cam - one incident/crash which you can correctly dispute and it'll have paid for itself.

confussed123 · 11-05-2023 10:57am

Company car !

California Dreamer · 03-05-2024 9:39am

The brother got caught last week. Fair cop, wasn't paying attention went from an 80 to a 50 and got clocked at 65 on the way down. Garda was decent about it but couldn't let it away with a warning. He said that all shifts have to include 30-60 minutes of traffic duty on a daily basis such is the word from on high. So if you are driving around, watch out!!!

Garda procedure with speeding fines

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