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What power do off-duty guards have?

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24

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  • Registered Users Posts: 23,269 ✭✭✭✭mickdw


    Rob67 wrote: »
    The garda would carry out a time and speed over a set distance calculation which would give an approximate speed that the driver was doing. It is permissible as evidence in court (if required)

    So what instumentation would this garda use for this method of measuring speed?
    It would surely involve the use of the same unreliable car odometer and a watch or would the garda measure time from 2 observed points on the road & then go back and measure the distance between these two points? Either way, if this would not be laughed out of court, I am giving my licence back.


  • Registered Users Posts: 78,267 ✭✭✭✭Victor


    Who is to say that it wasn't a unmarked Traffic Corps vehicle?

    And that he was on his lunch break?


  • Registered Users Posts: 1,698 ✭✭✭Topper Harley


    Victor wrote: »
    Who is to say that it wasn't a unmarked Traffic Corps vehicle?

    And that he was on his lunch break?

    Surely an unmarked Traffic Corps vehicle would have had the appropriate flashing lights and sirens, wouldn't it?


  • Registered Users Posts: 2,003 ✭✭✭veetwin


    Rob67 wrote: »
    The garda would carry out a time and speed over a set distance calculation which would give an approximate speed that the driver was doing. It is permissible as evidence in court (if required)

    I think of all the ridiculous posts I've seen on boards.ie this one ranks right up there. :rolleyes:


  • Closed Accounts Posts: 10,025 ✭✭✭✭-Corkie-


    Surely an unmarked Traffic Corps vehicle would have had the appropriate flashing lights and sirens, wouldn't it?

    I dont think the vehicle matters but I cant remember if it was nice guy always or another member that contributes here regularly.;) They stated no instruments are needed in a case like this. All they need to do is stand up in court and say the person is speeding. My mate in tc is away today so I cannot ring him to ask. Anyway I cant see this guard doing this in any case. The paperwork would be huge, I am sure he has some more pressing issues to deal with..:)


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  • Closed Accounts Posts: 10,025 ✭✭✭✭-Corkie-


    veetwin wrote: »
    I think of all the ridiculous posts I've seen on boards.ie this one ranks right up there. :rolleyes:

    I think he talking about the anpr the tc have in there cars which would make the above statment true. However they would need to be stopped and have anpr which they hadnt so yes it was a ridiculous post...:D


  • Registered Users Posts: 217 ✭✭Rob67


    -Corkie- wrote: »
    I think he talking about the anpr the tc have in there cars which would make the above statment true. However they would need to be stopped and have anpr which they hadnt so yes it was a ridiculous post...:D

    No, I wasn't, it was the common method, before the introduction of speed detection devices, to ascertain the speed of a vehicle. I used to use it.


  • Registered Users Posts: 217 ✭✭Rob67


    veetwin wrote: »
    I think of all the ridiculous posts I've seen on boards.ie this one ranks right up there. :rolleyes:

    Your lack of knowledge of an old practice shows how little you know in regards speed detection.

    Using this method, a Gda can form the opinion that an individual was speeding and that is sufficient enough evidence in a court to obtain a conviction.


  • Registered Users Posts: 23,269 ✭✭✭✭mickdw


    Rob67 wrote: »
    No, I wasn't, it was the common method, before the introduction of speed detection devices, to ascertain the speed of a vehicle. I used to use it.

    So what was your procedure?

    Did you rely on car odometer or actually measure distance between 2 points on the road after?
    Did you measure your own car speed or the speed of the offending car?
    Have you been successful in court & if so where were the defending solicitors?


  • Registered Users Posts: 3,495 ✭✭✭Abelloid


    Rob67 wrote: »
    The garda would carry out a time and speed over a set distance calculation which would give an approximate speed that the driver was doing. It is permissible as evidence in court (if required)

    Off duty Garda, not Rain Man.


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  • Registered Users Posts: 1,673 ✭✭✭bladebrew


    the gardai didnt always have speed cameras, they must of had a different way to measure speed, i have seen the time taken to cover a set distance being used before but only in video footage,
    i think it was some guy in an rs6 driving like a numpty on youtube so they worked out the distance he drove between two signs and worked out he was doing over 100mph (iirc),


  • Registered Users Posts: 217 ✭✭Rob67


    mickdw wrote: »
    So what was your procedure?

    Did you rely on car odometer or actually measure distance between 2 points on the road after?
    Did you measure your own car speed or the speed of the offending car?
    Have you been successful in court & if so where were the defending solicitors?

    The co-driver would use the speedo and select two points on the road and time the distance travelled, the driver has to maintain a constant distance behind subject vehicle.
    I was Military Police and used this method for a few year before we got decent speed detectors and yes, I got convictions...


  • Registered Users Posts: 217 ✭✭Rob67


    JustinOval wrote: »
    Off duty Garda, not Rain Man.

    You'd be amazed at what you can do with a little bit of training...:rolleyes:


  • Registered Users Posts: 18,888 ✭✭✭✭Del2005


    hobochris wrote: »
    Is that the speed on his radar gun? ;)

    I take it his personal vehicle speedo is 100% calibrated and has a radar speed detection system on board..
    She was doing 70 in an 80km zone sticking behind him, so she overtook him in a safe spot. I can't think of a legitimate reason he'd pull her for doing an alleged 106.

    I'm presuming if he does turn it into anything it can't really go far as 106 is a number he just blurted out.
    Viper_JB wrote: »
    On the grounds that he was eyeballing the speed from a civilian vechicle. The OP's friend would be well within her rights to bring this to court and have her honest say on what happened.
    mickdw wrote: »
    So what instumentation would this garda use for this method of measuring speed?
    It would surely involve the use of the same unreliable car odometer and a watch or would the garda measure time from 2 observed points on the road & then go back and measure the distance between these two points? Either way, if this would not be laughed out of court, I am giving my licence back.

    As Rob67 has pointed out the Gardaí don't need to provide proof the driver was speeding, all they need to do is state in court that the driver was speeding. Speed guns and cameras don't need to be calibrated, if they don't need any proof these are working correctly why would they need to get scientific in the OPs case?

    All they have to do is stand up in court and say they formed the opinion she was speeding and it's up to her then to prove otherwise. The Guard could say his speedo was reading 70km/h and she overtook him at a a pace which means she had to be speeding.


  • Registered Users Posts: 7,476 ✭✭✭ardmacha


    All they have to do is stand up in court and say they formed the opinion she was speeding and it's up to her then to prove otherwise. The Guard could say his speedo was reading 70km/h and she overtook him at a a pace which means she had to be speeding

    Precise calibration is not the issue here, the Garda can say he was doing 70km/h and that a car passed him going 25km/h faster. Whether the actual speed was 68km/h and the difference 22km/h makes no difference. This is not the same situation as a stationary person estimating the speed on a road.


  • Registered Users Posts: 8,718 ✭✭✭Matt Simis


    Anan1 wrote: »
    That's a bit paranoid, TBH. There are a million reasons why anyone (Garda or not) may want to stop another car, some of which might save your life. Keep the doors locked, an escape route open, and only crack open the window by all means, but it's really not half as dangerous as the TV lets on.;)

    I dont think Ill be stopping for random cars flashing white lights at me. I might pull in when they arent right behind me later to check the car (and have done this).

    All well and good peeping out your window crack till the "possible" Garda pulls a crow bar out and smashes your window / face with it! Stopping cos someone is flashing you seems like the a car-jackers dream mark. How easy is that?


    I overtake MPVs and Vans as a matter of course, I cannot stand having my view of the road blocked by these monstrosities. I personally dont really care if thats by the book or not, I can read the road better IMO than the mid-40s guy with glasses and 3 kids in the back IMO.


  • Registered Users Posts: 172 ✭✭dahamster


    Rob67 wrote: »
    I was Military Police and used this method for a few year before we got decent speed detectors and yes, I got convictions...

    So it didn't go to a real court then


  • Registered Users Posts: 22,818 ✭✭✭✭Anan1


    Matt Simis wrote: »
    I dont think Ill be stopping for random cars flashing white lights at me. I might pull in when they arent right behind me later to check the car (and have done this).

    All well and good peeping out your window crack till the "possible" Garda pulls a crow bar out and smashes your window / face with it! Stopping cos someone is flashing you seems like the a car-jackers dream mark. How easy is that?
    Sounds like the meedja have you well paranoid.:)
    Matt Simis wrote: »
    I overtake MPVs and Vans as a matter of course, I cannot stand having my view of the road blocked by these monstrosities. I personally dont really care if thats by the book or not, I can read the road better IMO than the mid-40s guy with glasses and 3 kids in the back IMO.
    +1


  • Closed Accounts Posts: 542 ✭✭✭ILA


    Anan1 wrote: »
    Sounds like the meedja have you well paranoid.

    Hardly, it's 12 euro for a blue flashing dash mounted light, like the TC use, on eBay from China. Crooks are getting more advance, and most of the equipment they use is now readily available to members of the public by ordering from international sites.

    Most recent case:
    http://www.breakingnews.ie/archives/2010/0629/ireland/garda-impersonator-convicted-on-firearms-child-porn-charges-463540.html


  • Registered Users Posts: 22,818 ✭✭✭✭Anan1


    ILA wrote: »
    Hardly, it's 12 euro for a blue flashing dash mounted light, like the TC use, on eBay from China. Crooks are getting more advance, and most of the equipment they use is now readily available to members of the public by ordering from international sites.

    Most recent case:
    http://www.breakingnews.ie/archives/2010/0629/ireland/garda-impersonator-convicted-on-firearms-child-porn-charges-463540.html
    Sure, it's possible - in the same way that you might be hit by lightning. Honestly, people seem to be jumping at shadows these days.


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  • Registered Users Posts: 2,249 ✭✭✭pippip


    ILA wrote: »
    Hardly, it's 12 euro for a blue flashing dash mounted light, like the TC use, on eBay from China. Crooks are getting more advance, and most of the equipment they use is now readily available to members of the public by ordering from international sites.

    Most recent case:
    http://www.breakingnews.ie/archives/2010/0629/ireland/garda-impersonator-convicted-on-firearms-child-porn-charges-463540.html

    So you wouldn't pull in for a car with flashing blue lights behind you?


  • Registered Users Posts: 2,003 ✭✭✭veetwin


    Rob67 wrote: »
    Your lack of knowledge of an old practice shows how little you know in regards speed detection.

    Using this method, a Gda can form the opinion that an individual was speeding and that is sufficient enough evidence in a court to obtain a conviction.

    Sorry to break the news but a Garda's opinion of what speed a particular vehicle was doing has absolutely zero standing in court. No Garda would give such an opinion because he knows it would be laughed out of court and rightly so.

    Maybe a Garda expert in mapping who can demonstrate that he has used properly calibrated equipment to measure time and distance could pursue a conviction but that would be fairly exceptional. I doubt if the off duty Garda in his own private vehicle in this case had such equipment.


  • Registered Users Posts: 4,317 ✭✭✭Tefral


    under the road traffic act 1961: the uncorroborated evidence of one witness stating his opinion as to that speed shall not be accepted as proof of that speed.

    So tell the guard to go F off... His speedo in his personal car is not callibrated so its "Uncorroborated"!


  • Registered Users Posts: 8,718 ✭✭✭Matt Simis


    Anan1 wrote: »
    Sounds like the meedja have you well paranoid.:)
    Nothing to do with the media.
    I know of a few people that were carjacked, including my uncle. And that wasnt recently either. People do get in a spot of bother out on the roads. Whats to say the guy you over took is a "normal guy" but in some sort of red Road rage and what could start out as a shouting match gets much worse.

    I just dont see the "benefit" to pulling over for any weirdo that starts following me flashing lights. As I said, I would stop somewhere else in the safety of a town or something to ensure I didnt somehow hit something or somehow had a flat tyre without noticing, but TBH, unlike the tools out there I absolutely would know of either of these before some passer by would.


  • Registered Users Posts: 22,818 ✭✭✭✭Anan1


    Matt Simis wrote: »
    Nothing to do with the media.
    I know of a few people that were carjacked, including my uncle. And that wasnt recently either. People do get in a spot of bother out on the roads. Whats to say the guy you over took is a "normal guy" but in some sort of red Road rage and what could start out as a shouting match gets much worse..
    I'd be watching their body language while driving, and, if I stopped, them approaching my car in my mirrors. If anything looked out of place then i'd be off.
    Matt Simis wrote: »
    I just dont see the "benefit" to pulling over for any weirdo that starts following me flashing lights. As I said, I would stop somewhere else in the safety of a town or something to ensure I didnt somehow hit something or somehow had a flat tyre without noticing, but TBH, unlike the tools out there I absolutely would know of either of these before some passer by would.
    The vast majority of people are decent, if someone flashes me i'll assume (while taking sensible precautions) that they're genuinely trying to help and not some come-to-life character out of a horror movie.


  • Closed Accounts Posts: 542 ✭✭✭ILA


    pippip wrote: »
    So you wouldn't pull in for a car with flashing blue lights behind you?

    I'd probably wait for a audible verification, sirens are a bit more expensive than a blue strobe.

    The only time I've ever been in a car which was pulled, it was a marked squad which followed and just kept blowing the horn.


  • Registered Users Posts: 2,249 ✭✭✭pippip


    cronin_j wrote: »
    under the road traffic act 1961: the uncorroborated evidence of one witness stating his opinion as to that speed shall not be accepted as proof of that speed.

    So tell the guard to go F off... His speedo in his personal car is not callibrated so its "Uncorroborated"!

    Yes the above is true but the garda wouldn't specify the exact speed in court only that the driver was over the speed limit which is different.

    All is irrelevant unless the op can specify what was the official offense they are being charged with.


  • Registered Users Posts: 2,249 ✭✭✭pippip


    ILA wrote: »
    I'd probably wait for a audible verification, sirens are a bit more expensive than a blue strobe.

    The only time I've ever been in a car which was pulled, it was a marked squad which followed and just kept blowing the horn.

    Fair enough.


  • Registered Users Posts: 22,818 ✭✭✭✭Anan1


    pippip wrote: »
    All is irrelevant unless the op can specify what was the official offense they are being charged with.
    Given what i've heard, i'd nearly put money that the OP's friend got away with a bollocking.


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  • Registered Users Posts: 514 ✭✭✭Michael 09


    Anan1 wrote: »
    I'd be watching their body language while driving, and, if I stopped, them approaching my car in my mirrors. If anything looked out of place then i'd be off.
    The vast majority of people are decent, if someone flashes me i'll assume (while taking sensible precautions) that they're genuinely trying to help and not some come-to-life character out of a horror movie.

    I'd have to agree here. I think it's a bit of a sweeping statement to say that you wouldn't stop for anyone.

    Anan is just saying that he'd probably stop, based on the situation and if he felt it was safe to do so. It's called using discretion on the situation.

    If you honestly would not stop for another car no matter what then you DO sound paranoid!


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