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Caught in the act

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  • 29-06-2006 11:13am
    #1
    Registered Users Posts: 271 ✭✭


    hi guys,

    last xmas i was caught speeding on the m50 while on the way to the airport in the company car.
    the guard initially wanted to bring me to the station (i was doing 140kph), but let me "off" as i was late for the flight. he took down my details and said that i would be hearing from him. its now nearly 8months since that has happened on no word back.

    any ideas as to when this "issue" can be scapped from my mind, or is it a case of when u are pulled over, there is no limit as to when they can issue u a fine as opposed to getting checked by the gun and them having a 6month window to issue you with the fine etc?
    friends have come back with different answers and i dont know which one is right.!! :confused:


    many thanks
    iremex


Comments

  • Registered Users Posts: 24,993 ✭✭✭✭Wishbone Ash


    I'd say you are OK. He probably decided that the warning was adequate.


  • Registered Users Posts: 65,402 ✭✭✭✭unkel
    Chauffe, Marcel, chauffe!


    I reckon you won't hear another thing from it. The guard punished you psychologically:
    iremex wrote:
    any ideas as to when this "issue" can be scapped from my mind

    By leaving that worry in your head for such a long time ;)


  • Registered Users Posts: 509 ✭✭✭numorouno


    id contact the guard in question becuase they doont issue tickets anymore. they take your details down and send it off to a central office in capel street who send you out a ticket through the post. unless he specifically said your not gettin a ticket id get in contact with him


  • Registered Users Posts: 1,795 ✭✭✭Seanie M


    You are fine. All traffic offences must be dealt with within 6 months of the date the offence was first recorded. As it is 8 months, you're in the clear.

    I know this because I was taking a driver to court over dangerous driving 2 years ago this month, but the guard in Daingean/Tullamore looking into it submitted the file 2 days to late - offence was in July 2004, submission deadline was January 2005 - he fuked up big time, and I was pissed big time too.

    Seanie.


  • Registered Users Posts: 24,993 ✭✭✭✭Wishbone Ash


    numorouno wrote:
    id contact the guard in question becuase they doont issue tickets anymore. they take your details down and send it off to a central office in capel street who send you out a ticket through the post. unless he specifically said your not gettin a ticket id get in contact with him

    Are you serious???? :confused:


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  • Closed Accounts Posts: 4,579 ✭✭✭junkyard


    That's right contact the Gaurd to make sure he didn't forgot to give you a ticket and no doubt he'll oblige.;) :rolleyes: :)


  • Users Awaiting Email Confirmation Posts: 2,584 ✭✭✭kikel


    It' not to late. A mate was caught for an offence. 11.5 months later he got called to court.


  • Registered Users Posts: 16,164 ✭✭✭✭Pherekydes


    iremex wrote:
    ...but let me "off" as i was late for the flight.

    I'd say this is the key. I doubt you'll hear anything more about it, plus it was 140 in a 120 zone, hardly a hanging offence.

    Under no circumstances should you contact him. You might just refresh his memory. I wouldn't worry about it either. Worrying won't change a thing.


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


    What I like about this thread is not only are people anglicising "Garda" for some reason, they manage to spell "Guard" wrong too... :D
    But yes, I agree with Wishbone, if its after 6mths, I dont see the point in making phone calls looking for a ticket.


    Matt


  • Registered Users Posts: 5,451 ✭✭✭blastman


    Has to be issued within six months of the offence, or it's gone. kikel, your mate was probably actually in court 11.5 months later, but the summons would have had to be sent within the first six months.


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  • Registered Users Posts: 1,081 ✭✭✭unnameduser


    i am that guard. thanks for reminding me!

    Ah i think your safe mate


  • Registered Users Posts: 5,430 ✭✭✭Sizzler


    Seanie M wrote:
    You are fine. All traffic offences must be dealt with within 6 months of the date the offence was first recorded. As it is 8 months, you're in the clear.

    I know this because I was taking a driver to court over dangerous driving 2 years ago this month, but the guard in Daingean/Tullamore looking into it submitted the file 2 days to late - offence was in July 2004, submission deadline was January 2005 - he fuked up big time, and I was pissed big time too.

    Seanie.
    Prob cos you forgot to remind him as you were too busy posting on boards ;)


  • Closed Accounts Posts: 616 ✭✭✭BnA


    Seanie M wrote:
    You are fine. All traffic offences must be dealt with within 6 months of the date the offence was first recorded. As it is 8 months, you're in the clear.

    I know this because I was taking a driver to court over dangerous driving 2 years ago this month, but the guard in Daingean/Tullamore looking into it submitted the file 2 days to late - offence was in July 2004, submission deadline was January 2005 - he fuked up big time, and I was pissed big time too.

    Seanie.

    You're not 100% right there Seanie

    The Guards must lodge it with the court clerk withing 6 months of the offence happening. That much is correct.

    However, there is no limit to how long the court have to send you out a summons. Depending on how busy the court is this could take up to 3 or 4 months.

    So, in reality you never actually know for sure if you are in the clear.

    However, if it goes over maybe 9 or 10 months and you get a summons then, if you get a good court solicitor they could get you off on the grounds that that was an unreasonable amount of time to have to wait and that giving you points after making you sweat it out for 10 months would be like punishing you twice.


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


    The summons could be sitting in a desk somewhere waiting to be served. They only have to serve it 21 days before the court by registered post. I have heard of cases being brought to court 18 months after the fact. It was standard practice in some courts which were backlogged. As said a good solicitor will shoot it down.


  • Closed Accounts Posts: 7,097 ✭✭✭Darragh29


    numorouno wrote:
    id contact the guard in question becuase they doont issue tickets anymore. they take your details down and send it off to a central office in capel street who send you out a ticket through the post. unless he specifically said your not gettin a ticket id get in contact with him

    I'd just keep de auld head down and wouldn't be signing for any registered post if it came to your door! I'd be giving the auld line "who, sure he's gone off to live in the back of beyond!". I got caught a few years ago in the first week of January 2003 and when the summons came, it had the date wrong by one year, cos the cop forgot that it was a new year! So the summons said "6th January 2002" when it should have read "6th January 2003"!

    I turned up for the hearing as the date for the attendence in court was correct and I didn't want them turning up at my door with a bench warrant so in I went up to court on the day and argued, (sucessfully I might add!), that as the summons was defective, I had no case to answer as I had committed no crime on the date of the alleged offence as per the summons I received! Big edjit Garda, case dismissed!!!


  • Registered Users Posts: 4,471 ✭✭✭elexes


    this is a very old thread


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


    Darragh29 wrote:
    I'd just keep de auld head down and wouldn't be signing for any registered post if it came to your door! I'd be giving the auld line "who, sure he's gone off to live in the back of beyond!". I got caught a few years ago in the first week of January 2003 and when the summons came, it had the date wrong by one year, cos the cop forgot that it was a new year! So the summons said "6th January 2002" when it should have read "6th January 2003"!

    I turned up for the hearing as the date for the attendence in court was correct and I didn't want them turning up at my door with a bench warrant so in I went up to court on the day and argued, (sucessfully I might add!), that as the summons was defective, I had no case to answer as I had committed no crime on the date of the alleged offence as per the summons I received! Big edjit Garda, case dismissed!!!
    Heres a question, do gardai get into trouble (within their own internal system) for this sort of carry on?


  • Closed Accounts Posts: 7,097 ✭✭✭Darragh29


    Bond-007 wrote:
    Heres a question, do gardai get into trouble (within their own internal system) for this sort of carry on?

    I doubt it, I was there for ages that day cos my case only came up at 2PM and I was there since 9AM as they don't tell you exactly when your case is due to be heard. There were many cases thrown out on the day I was there for this reason or that reason. I noticed as the day went on, the judge was getting more pissed off with the Gardai for mistakes in paperwork, I thought at one stage you had a 1 in 2 chance of getting away with it on a technicality, every second case at one stage was being struck off for some fault on the part of the Gardai...


  • Registered Users Posts: 2,280 ✭✭✭commited


    iremex wrote:
    the guard initially wanted to bring me to the station (i was doing 140kph)
    Why? :S
    Sounds like he was trying to scare you - that's only 16% over the limit, and I'm even surprised he bothered himself pulling you over for that.


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