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Contesting a Speeding Ticket

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    #62
    Spriggan457
    Registered Users Posts: 26 ✭Spriggan457


    CramCycle wrote: »

    You can ask for the photo and where exactly it happened so its not just your word but verifiable proof.
    Wouldn't I have to take it to court to get that photo!? Toooootally not worth it. And plus, I've payed the fine. I've never said I wasn't guilty of speeding. It's just I thought the penalty points were harsh because of the circumstances (Bike race) and first offense etc.


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    #63
    Nino Brown
    Closed Accounts Posts: 1,507 ✭✭✭Nino Brown


    Spriggan457 wrote: »
    If you want my honest opinion I think that law is a load of codswaddle and I've never been pulled for it being just me thankfully. I have simply no one else in my family or friends with a full license who live near me, let alone who would have the time to go with me everywhere that I need to go.
    So the short answer is no, it's impossible for me to have that, and it's also impossible for me to get my full unless I practice.

    You should go to your local Garda station and give them a list of rules of the road that apply to you, to avoid any further confusion. Explain that speeding doesn't apply if there's a diversion or cyclists, and that the accompanying driver law doesn't really suit you either. I'm sure they'll be accommodating


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    #64
    Five Lamps
    Closed Accounts Posts: 687 ✭✭✭Five Lamps


    Spriggan457 wrote: »
    Basically I need some advice. I'm just in a bit of a pickle at the minute. I'm a young male driver, about 24 years old. I recently got a speeding ticket saying I was going 61Km/h in a 50Km/h zone in a public place near the R445, DUBLIN ROAD, KILDARE, KILDARE at 11:24. I would be completely okay with paying this but for a few reasons I'm not sure I'm all that guilty. Naturally it's my first offense and I believe it to be unfair. I'm only a learner driver and only been on the roads for 6 months and I'm a very careful driver, especially in preparation for my full-license coming up.

    All road users have to pay attention to the signage. Whether a learner or full licence holder, the only way you'll know the limit is what's on the signs. It's your job to look out for them. Should be a priority for a learner.
    But on the date in question (25/05/2014) it was a Sunday, I remember the day because I was on my way from Monsterevin to Meath to help my brother in law. It was the day of the Rás/Race for cyclists (which I didn't know about until being caught up in it). There was multiple diversions by Gardaí on the roads and cyclists were everywhere all through Newbridge, so I honestly didn't really know the roads the Gardaí were forcing me onto and chances were if I was speeding at 10 over the limit it was more than likely I was overtaking a cyclist considering I was trapped behind the head of the race coming through Meath
    for over an hour too worried in case I hit one of them.

    I realize that speeding is speeding, that it is wrong, and that I should have been more aware. But considering the sheer volume of cyclists I was more focused on not hitting any of them and trying to figure out where I was to notice what was - more than likely - a very quick change in speed limit since the last sign I passed which was for 60Km/h.

    Still no excuse - if there was race activity and potential hazards on the road you should have been going slower.
    I'm still okay with paying the 80 euro, cos I did commit the offense regardless. But could I contest the penalty points? I can't see why I should be penalized with those when it was an honest mistake and I was put into a situation that was out of my control. I just don't feel it's fair when chances are when the 'snapped' me I was overtaking a cyclist on a road I didn't know and didn't have to be on if I had been allowed go the way I always go/on the roads that I know.

    So, I'm not sure what to do? Should I just bite the bullet even though it could be seen unfair and have my insurance go up as well. Or if I want to contest it in any way will I end up paying a bigger fine regardless?

    Just not quite sure how I can resolve this. Could it be resolved outside of court?

    Any advice would be really helpful.

    Thanks in advance.

    Bite the bullet. You earned the points fair and square as you said yourself in another post. Learn from the experience and they'll be gone in 3 years.


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    #65
    CramCycle
    Moderators, Sports Moderators Posts: 24,749 Mod ✭✭✭✭CramCycle


    Spriggan457 wrote: »
    Wouldn't I have to take it to court to get that photo!?.

    No, you request it, its not rocket science.


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    #66
    slimjimmc
    Registered Users Posts: 7,787 ✭✭✭slimjimmc


    Spriggan457 wrote: »
    I have a provisional license and L plates etc. Also, I re-read the ticket and it says 'driving Exceeding Special Speed Limit 50km/h. Would that help me that it was a special/temporary speed limit?
    You might care to consult a solicitor to see if that ticket is correct based on a technicality.

    A "special speed limit" has a specific legal definition and it looks like a special speed limit can only be either 30km/h or 40km/h. There doesn't appear to be a 50km/h special speed limit anymore.
    http://www.irishstatutebook.ie/2010/en/act/pub/0025/sec0086.html#sec86
    Special speed limits.
    86.— Section 9(2) of the Act of 2004 is amended by substituting for paragraph (a) the following:
    “(a)
    (i) 30 kilometres per hour, and
    (ii) 40 kilometres per hour,
    in respect of a road or roads in accordance with guidelines issued by the Minister under this section,”.
    Road works have a "Roads works speed limit" which is distinct from a Special Speed Limit.
    http://www.irishstatutebook.ie/2004/en/act/pub/0044/sec0010.html


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    #67
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,724 Admin ✭✭✭✭✭hullaballoo


    This thread is a bit of a mess.

    Usually, that means it will be locked. Please make an effort to clean the thread up or cranky hullaballoo will be back in the morning with yellow, red and (now new) ban cards.

    Thanks.


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    #68
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    Spriggan457 wrote: »
    on the radio there is people have photographic evidence of an actual speed camera van, speeding at 20 over the limit. It's on Radio One atm.
    Really? And how did they manage that?


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    #69
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    No Pants wrote: »
    Really? And how did they manage that?

    They had a photo of a van overtaking and made a guess at the speed it must be going.


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    #70
    Mikros
    Registered Users Posts: 503 ✭✭✭Mikros


    slimjimmc wrote: »
    You might care to consult a solicitor to see if that ticket is correct based on a technicality.

    A "special speed limit" has a specific legal definition and it looks like a special speed limit can only be either 30km/h or 40km/h. There doesn't appear to be a 50km/h special speed limit anymore.

    Read the Act again. Section 9(2) Paragraph A is substituted from the 2004 Act. The remaining paragraphs B to F remain. That includes:
    Road Traffic Act 1994, Section 9 (2) wrote:
    (b) 50 kilometres per hour, in respect of any road other than a road in a built-up area,

    The only change introduced in the 2010 Act was to create a 40 km/h limit to go with the exiting 30 km/h limit in respect of roadworks. There is no issue here.


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    #71
    endacl
    Registered Users Posts: 22,291 ✭✭✭✭endacl


    Funniest speeding thread for a while now! Well done op. Only one small criticism. If I read it correctly, you were aiming for an 'indignant twenty-something' tone to your posts? It was a little overcooked. At times you hit something more like 'whiney teenager'.

    Good effort though! 8/10.

    :D

    Because you weren't being serious, right? You were having a laugh?


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    #72
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    Spriggan457 wrote: »
    I find it pretty ridiculous that a Speed Camera Van - itself - was caught speeding over 20Km per hour over the limit and nothing was done about it by the Gardaí.
    Little CuChulainn wrote: »
    guess
    I guess we've solved the mystery of why the guards haven't taken action. :)


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    #73
    slimjimmc
    Registered Users Posts: 7,787 ✭✭✭slimjimmc


    Mikros wrote: »
    Read the Act again. Section 9(2) Paragraph A is substituted from the 2004 Act. The remaining paragraphs B to F remain. That includes:



    The only change introduced in the 2010 Act was to create a 40 km/h limit to go with the exiting 30 km/h limit in respect of roadworks. There is no issue here.

    Oops you're right, my mistake for trying to read acts late at night.:o :)


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    #74
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    No Pants wrote: »
    I guess we've solved the mystery of why the guards haven't taken action. :)

    I doubt they listen to Joe Duffy.


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    #75
    mfergus
    Registered Users Posts: 326 ✭✭mfergus


    You are using the cyclists as a reason for speeding when actually, they should be another reason to have not been speeding.
    "There was a few hazards on the road so I 'speeded' up to go past um".

    Another thing is you say you don't where on this road that the speed van was, then how do you know you were overtaken cyclists at the time?


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    #76
    Victor
    Registered Users Posts: 78,369 ✭✭✭✭Victor


    slimjimmc wrote: »
    You might care to consult a solicitor to see if that ticket is correct based on a technicality.

    A "special speed limit" has a specific legal definition and it looks like a special speed limit can only be either 30km/h or 40km/h. There doesn't appear to be a 50km/h special speed limit anymore.
    http://www.irishstatutebook.ie/2010/en/act/pub/0025/sec0086.html#sec86
    Road works have a "Roads works speed limit" which is distinct from a Special Speed Limit.
    http://www.irishstatutebook.ie/2004/en/act/pub/0044/sec0010.html

    The rest of Section 9(2) of the Act of 2004 still stands.
    Mikros wrote: »
    The only change introduced in the 2010 Act was to create a 40 km/h limit to go with the exiting 30 km/h limit in respect of roadworks. There is no issue here.
    It is a bit more subtle, but it also allows 30km/h on motorways, e.g. tight turns at junctions. The old Section 9(2) was actually ambiguous and a misguided bit of legislation.


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