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  • 28-10-2006 6:25pm
    #1
    Registered Users Posts: 1,672 ✭✭✭


    http://www.nwipp-newspapers.com/dn/free/287362082939382.php

    It seems that a person can drive as fast as he wants now, as long as he's "safe". This driver was travelling at 196kmph!!! And the Judge threw it out!!!! It's not a bit wonder there are so many deaths on Irish roads, in particular Donegal.

    But who cares? So what? It's only our safety and our lives!


Comments

  • Moderators, Regional North West Moderators Posts: 19,121 Mod ✭✭✭✭byte
    byte


    Yeah, I had read that alright. It's madness indeed!

    I would have thought that it WAS dangerous driving considering he was driving wrecklessly with 4 passengers whose fate were in his hands! Not even mentioning other drivers and possible pedestrians that may have been on that road.

    So, presumably, it woudl only have been dangerous driving if he had actually caused an accident.


  • Registered Users Posts: 1,672 ✭✭✭deman


    I should have lost his licence and pay a heavy fine IMHO.


  • Registered Users Posts: 46,094 ✭✭✭✭muffler


    I can see and possibly understand where the judge was coming from with his decision. The law is a strange animal and perhaps the good judge had no other option on the matter.

    Anyone who cares about road safety will know that the driver concerned acted in a stupid and irrresonpsible manner and yes we would all call it dangerous. But within the meaning of the law was it in fact dangerous?

    If the law was equal and fair that chap should have got at least a 1 year ban.


  • Registered Users Posts: 1,672 ✭✭✭deman


    muffler wrote:
    I can see and possibly understand where the judge was coming from with his decision. The law is a strange animal and perhaps the good judge had no other option on the matter.

    Anyone who cares about road safety will know that the driver concerned acted in a stupid and irrresonpsible manner and yes we would all call it dangerous. But within the meaning of the law was it in fact dangerous?

    If the law was equal and fair that chap should have got at least a 1 year ban.

    The question is not whether or not he was driving dangerously, wrecklessly or carelessly. But the fact that he was almost doing double the speed limit should mean automatic suspension.

    This Judge has just baffled me??!?!!


  • Registered Users Posts: 1,085 ✭✭✭wow sierra


    Disgraceful judgement. Usually these decisions are more about who the driver (or his daddy) is rather than what he's doing. I assume this is another case of some people being above the law. In a way I would prefer to believe the judge is being currupt than to think he is actually that incompetent.


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  • Registered Users Posts: 46,094 ✭✭✭✭muffler


    deman wrote:
    The question is not whether or not he was driving dangerously, wrecklessly or carelessly.
    That is the question in fact. He was charged with dangerous driving and the judge deemed that it wasnt and dismissed the charge. Maybe he should have been charged with wreckless driving or something.

    Dont get me wrong I am as disgusted as everyone else at the outcome of the court case but I am just trying to point out that maybe driving at 195 Km/hour is not classed as dangerous driving in terms of the statute book. If its not it bloody well should be.

    Any solicitors viewing this forum or does anyone have a solicitor friend that could shed a wee bit of light on what is deemed dangerous driving


  • Registered Users Posts: 14,339 ✭✭✭✭jimmycrackcorm


    The law is very clear and the Garda was in the wrong for not doing his job properly and issuing the correct charge. The judge was 100% correct in applying the law. Frankly, with so much experience the Garda should have known better. Why wasn't the driver charged with a speeding offense as well? Sloppy police work!


  • Registered Users Posts: 1,085 ✭✭✭wow sierra


    I retract my comment about the judge so, apologies - but surely the definition of dangerous driving under the law should be changed .


  • Registered Users Posts: 46,094 ✭✭✭✭muffler


    If the judge was correct in his judgement then the law most definitely needs changing. I would be interested in finding out what exactly constitutes dangerous driving within the context of the present laws.

    As jimmycrackcorm said its poor police work when the prosocuting garda isn't capable of issueing the driver with the correct charge


  • Registered Users Posts: 4,184 ✭✭✭Fey!


    If the Garda had only gone for a speeding charge, wouldn't it only have been 2 points and €80 instead of 5 points and €1,500?


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  • Registered Users Posts: 46,094 ✭✭✭✭muffler


    Fey! wrote:
    If the Garda had only gone for a speeding charge, wouldn't it only have been 2 points and €80 instead of 5 points and €1,500?
    A hell of a lot better than having the charge thrown out and no points and no fine


  • Registered Users Posts: 4,184 ✭✭✭Fey!


    Sorry - I was responding to a thread here: http://www.boards.ie/vbulletin/showthread.php?t=2055013016

    I understood that it was the same incident, but have just been informed otherwise.


  • Closed Accounts Posts: 209 ✭✭DublinEvents


    It’s possible the judge was not in his senses or maybe he just felt too generous. Who knows? Better ask the judge that question.


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