garda checkpoints

laoisfan

Hi

Am not sure if this is the correct place for this........

Anyway, this has probably been asked before and maybe I have not taken enough time to look but.......

When the police are performing speed checks etc are they required to have a second police officier with them? Meaning, it is legally acceptable for one police officier to be on his/her own in a squad car with a radar gun checking speeds etc ?

Just curious (have not been caught speeding but have seen a few squad cars lately with just one officier checking speeds).

--laoisfan

Pataman

I dont see the need for 2 gardai to be present. If you are summonsed it will be a garda issuing the summons not two gardai. In the eyes of the state all gardai are trusted, so one will do.

antoinolachtnai

if you are looking for ways to challenge a ticket, that one is unlikely to get you very far.

The current vogue appears to be looking for a printout or other permanent record from the radar machine in order to allow you to prepare your defence.

I believe there may be a technical issue that occurs in the UK regarding having only one policeman making the measurement with the gun.

As I understand it in the UK, the policeman cannot 'lie in wait' with the gun. He (or his colleague) must observe you apparently breaking the limit, and then use the gun to confirm this observation.

If he is sitting there on his own with the gun pointing out the window, it may be difficult for him to do this, and this may be a problem when it comes to court.

In general, it is expected in the UK that the checkpoint should be clearly visible or else signposted.

These issues don't seem to have been considered particularly important in Ireland. I don't know if that's for good legal reasons, or just because the Gardai are careful to observe best practice. (In general, you would expect the same principles for the collection of evidence apply here as apply in the UK.)

Of course you would have to check all this with a solicitor experienced with these issues.

a.

BrianD

Is there not a problem that the radar/laser guns do not produce a printed confirmation of the speed you were travelling at?

Personally, I think it is disgraceful that speeding cases can be thrown out on these flimsey technicalities. All people who are caught speeding are speeding. Take your fine your points and learn as David Brent would say. However, the Gardai do not help the situation by inadequate and inappropriate policing of our highways.

parsi

Originally posted by BrianD
Is there not a problem that the radar/laser guns do not produce a printed confirmation of the speed you were travelling at?

Personally, I think it is disgraceful that speeding cases can be thrown out on these flimsey technicalities. All people who are caught speeding are speeding. Take your fine your points and learn as David Brent would say. However, the Gardai do not help the situation by inadequate and inappropriate policing of our highways.

Indeed that's correct if you were speeding.. but picture this:

busy road, Mr Private Contractor is out with his speed gun. He's down a bit on his commission and he needs to make a few bob to pay for the dentist. So he aims his radar gun at you trundling down at 57MPH in a 60 zone and waves you down for speeding. You tell him you weren't.. he says you were. Whose word will be accepted ?

Generally there has been no need for the Guards to "fake" speeding traps. Anyone who was caught usually accepted that they were going fast - thats why the recent cases seemed to be on the legality of the trap rather than a "i wasn't, yes you were, I wasn't" type arument which is very hard to defend.

However if BRennan goes ahead and lets private contratcors out with speed traps all of a sudden we have a major need for accountability to ensure that the drive for profits isn't undertaken on the backs of innocent motorists..

BrianD

Fair point but we are talking about Garda check points here.

parsi

Well we started talking about checkpoints and moved on to speed traps...