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Penalty points

  • 08-02-2010 3:23pm
    #1
    blueterrier
    Registered Users Posts: 5 ✭


    I was recently stopped by a Garda who never told me why he stopped me but instead asked me if I knew why he was stopping me, I didn't answer him. He took my details and I received a 2 penalty point for no seatbelt notification in the post the following week. Was he obliged to caution me? Was he obliged to indicate the offence to me? I had my seatbelt on when he stopped me.


Comments

  • #2
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    blueterrier wrote: »
    I was recently stopped by a Garda who never told me why he stopped me but instead asked me if I knew why he was stopping me, I didn't answer him. He took my details and I received a 2 penalty point for no seatbelt notification in the post the following week. Was he obliged to caution me? Was he obliged to indicate the offence to me? I had my seatbelt on when he stopped me.
    i would have thought when he stopped you he is obliged to caution you for the offence and if you had your seat belt on when stopped he should have explained that the offence occurred further back along the road. the penalty point notification should have the address where the ofence was committed and you should also have details of how to appeal/contest the penalty points in the courts


  • #3
    Ham'nd'egger
    Registered Users, Registered Users 2 Posts: 3,025 ✭✭✭Ham'nd'egger


    blueterrier wrote: »
    I was recently stopped by a Garda who never told me why he stopped me but instead asked me if I knew why he was stopping me, I didn't answer him. He took my details and I received a 2 penalty point for no seatbelt notification in the post the following week. Was he obliged to caution me? Was he obliged to indicate the offence to me? I had my seatbelt on when he stopped me.

    For offences covered with Fixed Penalty Notices, no conviction is recorded as no prosecution takes place; you accept the offence and take the fine. A Garda isn't obliged to caution you for same; if they were then FPN's and speeding tickets would have no legal basis whatsover.


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