Asked by guard to produce license and insurance over the phone

damog81

Just looking for some info if possible.

I was sitting in my car earlier waiting for a friend at a carpark and a person I know of from the area stopped in front of my car and started taking photos before driving off. I went straight to the guards and reported what happened and all they said was theres nothing they can do as it was in public and she didnt get out of the car to you. About 2 hours later i got a phone call from a guard (whom I have spoken too before on unrelated matters) asking me to produce my license and insurance within 10 days as the person who took the photos had reported me for driving while im banned off the road (which im 110% certainly not).

Can a guard ask for production of documents by word of mouth without stopping me?
Does he not have to tell me under what section of law he is requesting the documents for?
Is it legal for anyone to take my photo without permission?

Advice anyone?

leonffrench

Forget all about it unless he calls you again. They can't prosecute you just on hearsay from a busy body it would be laughed out of court on the off chance you did get a summons. People have nothing better to be doing

Uncle Ben

damog81 wrote: »

Just looking for some info if possible.

I was sitting in my car earlier waiting for a friend at a carpark and a person I know of from the area stopped in front of my car and started taking photos before driving off. I went straight to the guards and reported what happened and all they said was theres nothing they can do as it was in public and she didnt get out of the car to you. About 2 hours later i got a phone call from a guard (whom I have spoken too before on unrelated matters) asking me to produce my license and insurance within 10 days as the person who took the photos had reported me for driving while im banned off the road (which im 110% certainly not).

Can a guard ask for production of documents by word of mouth without stopping me?
Does he not have to tell me under what section of law he is requesting the documents for?
Is it legal for anyone to take my photo without permission?

Advice anyone?

She seems like a cnut.

Pro Hoc Vice

leonffrench wrote: »

Forget all about it unless he calls you again. They can't prosecute you just on hearsay from a busy body it would be laughed out of court on the off chance you did get a summons. People have nothing better to be doing

Well you are wrong. 1 the Road Traffic Act allows AGS witching 3 months to have a person produce. 2 the offence then becomes non production. You are aware that any person can come into court and give evidence so it would not be hearsay and 4 I or any person can prosecute any other person for any criminal matter if the issue is summary the person doing the prosecuting can bring case to conclusion if serious matter then the DPP must take over the prosecution.

http://www.irishstatutebook.ie/eli/1961/act/24/section/69/enacted/en/html#sec69

There has been some amendments to that section.

Pro Hoc Vice

Uncle Ben wrote: »

She seems like a cnut.

So you don't think people should report crime if they believe it has happened.

Seth Brundle

How did the garda get your number? Is it saved on the vehicle or driver file?

Pro Hoc Vice

kbannon wrote: »

How did the garda get your number? Is it saved on the vehicle or driver file?

In the OP "whom I have spoken too before on unrelated matters" speaking about the Garda.

Pro Hoc Vice

To answer the questions

Can a guard ask for production of documents by word of mouth without stopping me?

Yes

Does he not have to tell me under what section of law he is requesting the documents for?

Should do and if it gets to court he will have taken a note saying he did at the very least ask you to produce.

Is it legal for anyone to take my photo without permission?

In public yes.

2RockMountain

leonffrench wrote: »

Forget all about it unless he calls you again. They can't prosecute you just on hearsay from a busy body it would be laughed out of court on the off chance you did get a summons. People have nothing better to be doing

Every witness in court is 'hearsay from a busybody'. She may well have given a formal witness statement alleging a particular crime.

Uncle Ben

Pro Hoc Vice wrote: »

So you don't think people should report crime if they believe it has happened.

The op is accused of driving whilst banned. He states he is 110% not. Taking the op on his word the person concerned made at best an erronious call. At worst a malicious one.

Pro Hoc Vice

Uncle Ben wrote: »

The op is accused of driving whilst banned. He states he is 110% not. Taking the op on his word the person concerned made at best an erronious call. At worst a malicious one.

That's why AGS want to see his insurance, the person who reported the crime while incorrect did believe they are right. It will be very easy for AGS to prove the OP is in the right by a look at PULSE and seeing the insurance.

But ignoring the request could mean the OP does actually break the law.

the_syco

damog81 wrote: »

About 2 hours later i got a phone call from a guard (whom I have spoken too before on unrelated matters) asking me to produce my license and insurance within 10 days as the person who took the photos had reported me for driving while im banned off the road (which im 110% certainly not).

How about you show the Gardai your license, and then ask if you can bring charges against the slander?

Pro Hoc Vice

the_syco wrote: »

How about you show the Gardai your license, and then ask if you can bring charges against the slander?

No criminal defamation and slander abolished. In a civil action for defamation there is the defence of qualified privilege.

punisher5112

Thing I don't get is the cops would surely know if you were banned or not....

2RockMountain

the_syco wrote: »

How about you show the Gardai your license, and then ask if you can bring charges against the slander?

Except that there is no crime of 'slander'. If you're thinking of defamation, it is a civil matter, not criminal - so the OP would have to take a civil legal action. If the Gardai believe that the complaint given to them is not in good faith, they can take action against the complainant.

Pro Hoc Vice

punisher5112 wrote: »

Thing I don't get is the cops would surely know if you were banned or not....

Yes but they won't know he is insured.

punisher5112

Pro Hoc Vice wrote: »

Yes but they won't know he is insured.

I understand that.

Which in today's world is actually crazy when you think about it.

seamus

Don't just rock up to the station to produce, ring the specific Garda who called you and make an appointment to meet them in person to discuss what's happening. Bring your licence and insurance with you.

Experience tells me that there's more to this than the OP is letting on. Either the "person I know of from the area" is a known crank that the OP is feuding with, or the OP is in fact banned off the road and is playing the "I wasn't driving, I was sitting in my car waiting for my friend who was driving it for me" card.

ForstalDave

if your not banned then whats the issue producing doesnt take long and the Garda is just doing his job once you give him the documents job done case closed everyone lives happily ever after

damog81

seamus wrote: »

Don't just rock up to the station to produce, ring the specific Garda who called you and make an appointment to meet them in person to discuss what's happening. Bring your licence and insurance with you.

Experience tells me that there's more to this than the OP is letting on. Either the "person I know of from the area" is a known crank that the OP is feuding with, or the OP is in fact banned off the road and is playing the "I wasn't driving, I was sitting in my car waiting for my friend who was driving it for me" card.

First off Im not feuding with the woman. I only know her to see. Never spoke to her and never had dealings with her in my life. But she is well known in the area for being a complete and utter spanner and causing grief to anyone she decides is on her radar that week. Secondly I have a full clean license for about 14 years. Im not banned, never have been banned and please God never will be banned. I was the one driving the car. Amd if i was banned why would I have gone to the guards to make a complaint about her taking photos of me in the first place?

damog81

Thanks for the answers guys. Ive never come across a guard ringing to ask for documents. Ive always thought you had to be stopped by them. Plus the guard never told me under what section of the traffic act he was looking for them even though I asked him twice.

bravestar

damog81 wrote: »

Thanks for the answers guys. Ive never come across a guard ringing to ask for documents. Ive always thought you had to be stopped by them. Plus the guard never told me under what section of the traffic act he was looking for them even though I asked him twice.

Have a read of section 40 and 69 of the road traffic act 1961 and No the garda doesn't have to see you. The garda can make the demand within 1 month. It says nothing about how the demand is made , in person, phone, pigeon... if your relying on the defence of he never told me the section... that wont wash and he can just say he did. I'd suggest your produce the documents.

Pro Hoc Vice

bravestar wrote: »

Have a read of section 40 and 69 of the road traffic act 1961 and No the garda doesn't have to see you. The garda can make the demand within 1 month. It says nothing about how the demand is made , in person, phone, pigeon... if your relying on the defence of he never told me the section... that wont wash and he can just say he did. I'd suggest your produce the documents.

The 1 month was amended to 3 a few years back.

source

Gardai tend not to quote legislation as it means sweet FA to the average person on the street. They only have to explain in plain English the reason for the demand.

jelutong

Someone winding you up possibly?