can a garda give you a fixed penalty notice in the post after they said it was a warn

GM228

_Brian wrote: »

My experience is that the guards only throw out this sort of conviction when there is some justification for it. I’ve nothing against OP, but overall I’ve only found the guards on the road to be professionals.

+1

As Peregrinus stated the charge generally requires other people to be present or at least nearby (they could be indoors for example), it is appropriate for a "nuisance" driver.

There could be more to this, perhaps something the OP is unaware of?

jasonrwc

I honestly dont know. It was in a cul de sac well at the top of it. It happened about 20 doors down from where i live. There was noone else on the street and as there was a 90 degree turn that the garda came around i couldnt have seen them before i overtook the cars. They asked me was i on my phone or what was i doing and when i said i wasnt they asked had i taken anything i said i hadnt and then they searched my car found nothing and asked if i learned my lesson i said i had and he said fine we are giving you a warning this time but drive safer in the future.

hesker

jasonrwc wrote: »

I honestly dont know. It was in a cul de sac well at the top of it. It happened about 20 doors down from where i live. There was noone else on the street and as there was a 90 degree turn that the garda came around i couldnt have seen them before i overtook the cars. They asked me was i on my phone or what was i doing and when i said i wasnt they asked had i taken anything i said i hadnt and then they searched my car found nothing and asked if i learned my lesson i said i had and he said fine we are giving you a warning this time but drive safer in the future.

I know it seems unlikely given you mention a cul-de-sac but any chance you were going the wrong way on a one way road. Can you post a google map link

Sassygirl1999

jasonrwc wrote: »

I honestly dont know. It was in a cul de sac well at the top of it. It happened about 20 doors down from where i live. There was noone else on the street and as there was a 90 degree turn that the garda came around i couldnt have seen them before i overtook the cars. They asked me was i on my phone or what was i doing and when i said i wasnt they asked had i taken anything i said i hadnt and then they searched my car found nothing and asked if i learned my lesson i said i had and he said fine we are giving you a warning this time but drive safer in the future.

maybe they got it wrong and thought you were on a mobile, I've heard of similar cases were police confused another object for a mobile

jasonrwc

no i definitely wasn't going the wrong way down a one way street. It is on the street i live on and have done for years so i know my way around it.

No they knew i wasn't on my phone and had nothing in my hand as i had stopped about 15 meters from them while they were in their car and then they waved me on. When i was going past them the driver rolled down his window and then the passenger got out.

I thought because there was 3 of them and one seemed fairly new the others were just showing him how to be an asshole and inconvenience people. I even asked him at one stage what was going on as i had been there for a good while and he shook his head and said "I honestly dont know"

Sassygirl1999

jasonrwc wrote: »

no i definitely wasn't going the wrong way down a one way street. It is on the street i live on and have done for years so i know my way around it.

No they knew i wasn't on my phone and had nothing in my hand as i had stopped about 15 meters from them while they were in their car and then they waved me on. When i was going past them the driver rolled down his window and then the passenger got out.

I thought because there was 3 of them and one seemed fairly new the others were just showing him how to be an asshole and inconvenience people. I even asked him at one stage what was going on as i had been there for a good while and he shook his head and said "I honestly dont know"

it does sound like they did in fact see you coming

sexmag

what i find most strange is the car search.

Most guards will give a FPN and send someone on their way, not waste time by doing a thorough search of the vehicle.

Out of curiosity op what car do you drive and what area do you live in?

jasonrwc

I live in Dublin 4 and drive an 10 year old polo. Its not at all a boy racer type car.

sexmag

GM228 wrote: »

How on earth is he creating a reasonable doubt to his abilities?

Again there is no evidenve of a lie, people change their minds all the time, reflection is a wonderful thing.

But imagine the scenario (as was mentioned earlier as a possible way of getting out of it if the guard admitted he changed his mind)

Judge: As the defendent says did you tell him he could leave with a warning?

Guard: Yes i said he could leave with a warning but then a day later i changed my mind and fined him instead.

Granted its not evidence of a lie per say but admitting the above would confirm ops story and would explain why he didnt pay the fine and went to court as he felt he was aggreived

Needs Must

What road did this happen on, posters maybe able to understand it more.

GM228

sexmag wrote: »

But imagine the scenario (as was mentioned earlier as a possible way of getting out of it if the guard admitted he changed his mind)

More like this...

Judge: As the defendent says did you tell him he could leave with a warning?

Guard: Yes, I issued him a warning, but, and I stress I did not tell him he would not also receive a FCPN, there is no requirement of such to be made to an accused, the accused has simply assumed he would not receive a FCPN.

Judge: As is long established since time immemorial members of AGS have complete discretion when it comes to their prosecutorial or investigatory functions, also it should be noted that they owe no duty of care to those accused either to put their mind at ease. As such I see no wrong in this instance with the actions of the Guard and therefore I convict. I sentence the accused to 40 lashings, 10 hail marys, 5 our fathers and 100 lines.

sexmag

GM228 wrote: »

More like this...

Judge: As the defendent says did you tell him he could leave with a warning?

Guard: Yes, I issued him a warning, but, and I stress I did not tell him he would not also receive a FCPN, there is no requirement of such to be made to an accused, the accused has simply assumed he would not receive a FCPN.

Judge: As is long established since time immemorial members of AGS have complete discretion when it comes to their prosecutorial or investigatory functions, also it should be noted that they owe no duty of care to those accused either to put their mind at ease. As such I see no wrong in this instance with the actions of the Guard and therefore I convict. I sentence the accused to 40 lashings, 10 hail marys, 5 our fathers and 100 lines.

I conceded

Squatman

what did you do wrong Op? your story is very hard to understand what you might have done wrong, Also, stop describing it as "overtaking" if they are parked, then you are just "driving"

jasonrwc

Squatman wrote: »

what did you do wrong Op? your story is very hard to understand what you might have done wrong, Also, stop describing it as "overtaking" if they are parked, then you are just "driving"

I honestly don't know. They tried to say I was too far over on the road when I driving past the parked cars and therefore called it driving without due care

jasonrwc

would the "FCN Cancellation Request Form" on the garda website be any use in this situation or is it just a case of paying or going to court does anyone know?

GM228

jasonrwc wrote: »

would the "FCN Cancellation Request Form" on the garda website be any use in this situation or is it just a case of paying or going to court does anyone know?

You can request a Category B cancellation, but there is no guarantee it would be a success.

https://www.garda.ie/en/Roads-Policing/Fixed-Charge-Notices/Cancelling-Fixed-Charge-Notices.html

Squatman

jasonrwc wrote: »

I honestly don't know. They tried to say I was too far over on the road when I driving past the parked cars and therefore called it driving without due care

You should definitely talk to the garda who issued the points. Might have his wires crossed from looking over his notes