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Question about the Points

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  • 20-01-2004 6:39pm
    #1
    Big al
    Closed Accounts Posts: 148 ✭✭


    A friends of mine was selling his car and had a bloke out on the test drive, they did all the usual stuff however he wasnt interested. It turns out he was clocked by the boys in blue and now he has a notification that he was points and a fine, he can handle the fine but what does he do about the points. He doesnt have his details anymore since he wasnt interested.


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    #2
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    "I don't recall who was driving my car at the time your honour"


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    #3
    Seth Brundle
    Moderators, Politics Moderators Posts: 39,714 Mod ✭✭✭✭Seth Brundle


    Judge: "Is there any evidence that there was someone else driving your car - purchaser or otherwise?
    Did you check if the person was fully insured & licensed for driving your car?
    Were you not in charge of the vehicle whilst selling it?
    Did you notice the alleged purchaser had exceeded the speed limit? If so, why did you not report the crime to the gardai?"

    Did your friend receive a photo? Who was in it?


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    #4
    John R
    Registered Users Posts: 4,107 ✭✭✭John R


    Judge: Is there any evidence that there was someone else driving your car - purchaser or otherwise?

    It is up to the state to prove the alleged charge.

    Did you check if the person was fully insured & licensed for driving your car?

    If the driver was uninsured/unlicensed that would be his offence not the owners.

    Were you not in charge of the vehicle whilst selling it?

    It is up to the driver to be in control of a vehicle not the passenger, owner or not.

    Did you notice the alleged purchaser had exceeded the speed limit? If so, why did you not report the crime to the gardai?

    LOL


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    #5
    Big al
    Closed Accounts Posts: 148 ✭✭Big al


    he was done for 39 in a 30, he didnt notice, the pic has 2 men in the car however they were driving into the sun and both had shades on, he says his solicitors tells him to tough it out. rather him than me


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    #6
    Seth Brundle
    Moderators, Politics Moderators Posts: 39,714 Mod ✭✭✭✭Seth Brundle


    >>Judge: Is there any evidence that there was someone else driving your car - purchaser or otherwise?

    >It is up to the state to prove the alleged charge.

    They are charging the OP's friend with speeding and punishing him appropriatley. His friend is the one making the new claim. If his friend is prepared to pay the fine then I suspect that there is sufficient proof that the car was speeding. The state assumes that it was the owner who was speeding (as in every case). The owner must reveal the true speeder (if it wasn't themselves) or can face obstruction of justice charges.

    >>Did you check if the person was fully insured & licensed for driving your car?

    >If the driver was uninsured/unlicensed that would be his offence not the owners.

    Is it not the owners responsibility to ensure that they do not let unlicenced or uninsured drivers take their car? YOu are probably right but a judge would still ask it and form an opinion from it.

    >>Were you not in charge of the vehicle whilst selling it?

    >It is up to the driver to be in control of a vehicle not the passenger, owner or not.

    >>Did you notice the alleged purchaser had exceeded the speed limit? If so, why did you not report the crime to the gardai?

    >LOL

    The OP's friend wants to avoid a punishment they believe they don't deserve. These Qs or something similar would be asked in this situation by m'lud. I know they are funny though - thats why I put them there!

    However, I suspect the only way out of it is to request a GATSO type photo to back up the charge and from that identify the driver (if at all possible). I suspect that a photo exists but without that then there is no proof the car was even mobile.


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    #7
    Seth Brundle
    Moderators, Politics Moderators Posts: 39,714 Mod ✭✭✭✭Seth Brundle


    just out of curiosity- how long was it between getting caught and receiving the details in the post?


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    #8
    Victor
    Registered Users Posts: 78,388 ✭✭✭✭Victor


    Originally posted by kbannon
    They are charging the OP's friend with speeding and punishing him appropriatley. His friend is the one making the new claim. If his friend is prepared to pay the fine then I suspect that there is sufficient proof that the car was speeding. The state assumes that it was the owner who was speeding (as in every case). The owner must reveal the true speeder (if it wasn't themselves) or can face obstruction of justice charges.
    Yup, with traffic offences, two charges can be brought, one against the owner and one against the driver. If the owner can't say who was driving, then the charge succeeds against the owner (certain exceptions exist for rental cars, etc.).


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    #9
    sparkite
    Closed Accounts Posts: 201 ✭✭sparkite


    isnt this a pickle of a situation


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    #10
    pheelay
    Registered Users Posts: 135 ✭✭pheelay


    Originally posted by kbannon
    just out of curiosity- how long was it between getting caught and receiving the details in the post?

    I just got a notification in the post last week - 3 weeks after gettin caught. Anyone tell me how I go about getting a look at the photographic proof? I don't believe I was the only car on the scene :)


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