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https://www.boards.ie/discussion/2055940817/signature-rules

Done for speeding

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  • Closed Accounts Posts: 964 ✭✭✭Boggle


    The offence holds 4 points but two are deducted if you save court time by admitting to the offence when you recieve the initial notification
    ...and it'll last until the first person contests it. It's just the way of this cowboy govt - they do what they like and they get away with it (for a while) because people are too lazy/sh1tless to defend their rights.

    Heres hoping i dont get points - can this be quashed (if it comes to it) before a count appearance ??
    If you can prove the signs weren't clearly visible then your in the clear. From what you said your actions were appropriate and no judge in the country (barrin yer man in Mitchelstown!) will do you. Just say exactly what you said there to the judge 'cos it sounds reasonable and well considered.


  • Registered Users Posts: 3,776 ✭✭✭Nuttzz


    Boggle wrote:
    ...and it'll last until the first person contests it. It's just the way of this cowboy govt - they do what they like and they get away with it (for a while) because people are too lazy/sh1tless to defend their rights.

    this is the same in any country with points tbh. cant blame the government for that.


  • Registered Users Posts: 32,136 ✭✭✭✭is_that_so


    Boggle wrote:
    ...and it'll last until the first person contests it. It's just the way of this cowboy govt - they do what they like and they get away with it (for a while) because people are too lazy/sh1tless to defend their rights.

    I asked a solicitor about this and he concurred. He even went as far as suggesting that there was a degree of unconstitutionality about it. You've already got 2 points against you by the time you get to court - guilt before it is proven. But his comment was "unless you want to make new law ...."


  • Closed Accounts Posts: 964 ✭✭✭Boggle


    You've already got 2 points against you by the time you get to court - guilt before it is proven. But his comment was "unless you want to make new law ...."
    My stance would be that your constitutionally allowed to defend yourself in court without fear or repercussion. Costing a repercussion of a guaranteed extra 2 points if you fail to make your case places people in fear of defending themselves.

    To me thats your case made.


  • Closed Accounts Posts: 3,643 ✭✭✭magpie


    at least we don't live in Megacity One -
    as Judge Death said

    Quote:
    As all crime was committed by the living, Death reasoned, then living itself was a crime. Hence the monster's catchphrase: "The crime is life, the sentence is death!"

    You cannot kill what does not live!


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  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    Boggle wrote:
    My stance would be that your constitutionally allowed to defend yourself in court without fear or repercussion. Costing a repercussion of a guaranteed extra 2 points if you fail to make your case places people in fear of defending themselves.
    But if you're innocent, surely you've got nothing to be afraid of by defending yourself. Justice will out, etc.


  • Closed Accounts Posts: 964 ✭✭✭Boggle


    But if you're innocent, surely you've got nothing to be afraid of by defending yourself. Justice will out, etc.
    Like my ex's father who got done for speeding once (the actual offender overtook him and was gone by the time the gardai caught up) and was afraid to defend himself cos he wasn't 100% sure he could prove it in court??

    Or someone who knows that he is right but is unsure of how to prove it?

    You are supposed to be allowed to at least try without worrying that your penalty will now be double if you fail.


  • Closed Accounts Posts: 707 ✭✭✭deevey


    If you can prove the signs weren't clearly visible then your in the clear. From what you said your actions were appropriate and no judge in the country (barrin yer man in Mitchelstown!) will do you. Just say exactly what you said there to the judge 'cos it sounds reasonable and well considered.

    Unfortunatly the photos I posted are the only evidence i have if it came to a court situation which shows partial visibility problems from 15-20ft away .... with full headlamps on (which they were not at the time of the incident due to oncoming drivers.

    And as you can see not the best visibility when almost on top them .. at 100kph from 50 or so yards at 2am without full heads - invisible.

    A quick double check on the right hand side of the road sign to check speed is no good either as it was totally obscured by bushes up till the point of about 20ft away ..

    Dunno if they would stand up in court.. only reason I went taking the photos last night was because the thought of getting done for speeding becuase the council dont trim the hedges is a very painful idea for a speed consious driver (and possibly expensive insurance-wise).

    and unfortunate its not a better camera, ok in daytime but with the brightness up full whack on a pitch dark night almost usless


  • Closed Accounts Posts: 1,038 ✭✭✭stratos


    When I was in college we used to go see court cases in the 4 courts.
    Saw a few guys using the sign was obscured thing.
    The ansewer always was it doesn't matter if the signage was obscured, the driver should be conversant with speed limits around the areas he's driving.
    Seemed mad, was a long time ago though.


  • Closed Accounts Posts: 1,038 ✭✭✭stratos


    I personaly find speeding tickets are like the old slot machines, you win, and then there is a gamble button,take yor prize or throw the dice.
    The fines are like that, you can get your ticket pay it, and thats that.
    Or you can hit the gamble button and go to court.
    I find the further you get away from major cities, the better the gamble button works to your favour.


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  • Registered Users Posts: 32,136 ✭✭✭✭is_that_so


    Slightly off post. I have heard that there are places in canada where instead of handing out speeding fines they write the name and address of the transgressors on those toe tags you see on corpses in a morgue and hand them out. Said to be effective. :D
    Yep I agree with slot machine analogy. 250,000 @ €80 is loadsa money.
    Slot machine numbers here :(


  • Registered Users Posts: 7,599 ✭✭✭eigrod


    I got a notice this morning - 2 months after the offence took place.

    Notice is for €80 fine and 2 P.Ps. I was doing almost double the limit, so this must be the norm for any speeding offence, irrespective of how much over the limit one was.

    I initially thought the letter was junk mail as it looks very like most of the junk mail I get, so if the original poster is in the habit of throwing out junk mail without opening it, perhaps he did so with the initial notice.


  • Closed Accounts Posts: 964 ✭✭✭Boggle


    Any update on this? When's the case due?
    Unfortunatly the photos I posted are the only evidence i have if it came to a court situation which shows partial visibility problems from 15-20ft away .... with full headlamps on (which they were not at the time of the incident due to oncoming drivers.

    And as you can see not the best visibility when almost on top them .. at 100kph from 50 or so yards at 2am without full heads - invisible.
    Did you refer this to a solicitor for professional advice? I can't guarantee it but if you can put a reasonable case(i.e. impress reasonable doubt) then you should get off but unfortunately some judges are extremely dismissive of speed offences.


  • Closed Accounts Posts: 70 ✭✭Stuff


    you gobsheen you should not of been speeding you deserve it fool


  • Closed Accounts Posts: 964 ✭✭✭Boggle


    you gobsheen you should not of been speeding you deserve it fool
    *applause* post of the day right there anyway.... Congrats! :rolleyes:


  • Registered Users Posts: 65,437 ✭✭✭✭unkel
    Chauffe, Marcel, chauffe!


    eigrod wrote:
    Notice is for €80 fine and 2 P.Ps. I was doing almost double the limit

    100km/h in a 50km/h zone or 240km/h on the motorway? ;)


  • Registered Users Posts: 32,136 ✭✭✭✭is_that_so


    eigrod wrote:
    I got a notice this morning - 2 months after the offence took place.

    Notice is for €80 fine and 2 P.Ps. I was doing almost double the limit, so this must be the norm for any speeding offence, irrespective of how much over the limit one was.

    I initially thought the letter was junk mail as it looks very like most of the junk mail I get, so if the original poster is in the habit of throwing out junk mail without opening it, perhaps he did so with the initial notice.

    6-8 weeks seems to be the norm. For all the dubiousness (IMHO) of the application of the points system, at double the speed limit I think you might be wise not to contest it and take the points. I have heard that in Germany double the speed limit is automatic loss of licence.


  • Closed Accounts Posts: 707 ✭✭✭deevey


    Did you refer this to a solicitor for professional advice? I can't guarantee it but if you can put a reasonable case(i.e. impress reasonable doubt) then you should get off but unfortunately some judges are extremely dismissive of speed offences.

    Well seeing as i dont know if i was caught (i just assume i may have been due to the placement of the squad car at the time) I'm not going to persue legal advice as yet .. small matter of cash...


  • Registered Users Posts: 32,136 ✭✭✭✭is_that_so


    deevey wrote:
    Well seeing as i dont know if i was caught (i just assume i may have been due to the placement of the squad car at the time) I'm not going to persue legal advice as yet .. small matter of cash...

    I am not sure how well those radar guns work in the dark. Maybe someone knows. From the pics I would say you might have a case- i.e. "I could not see sign and I wasn't sure the roundabout was coming up". If the speed you were caught at was less that previous speed limit of 100 kph then it indicates that you were attempting to slow down.
    Clock starts ticking on the day you receive the notice(but hopefully one won't arrive in this case :) ).
    As regards a solicitor I'd would imagine you can have a conversation at the very least about your case without cost(as I posted earlier) to get a legal view on it.


    Off post

    There is a roundabout off the M1 on the Duleek road that actually INVITES you to speed up from 60 kph to 80 kph 150 metres before the roundabout. Such is the logic of road signs. :rolleyes: :confused:


  • Closed Accounts Posts: 21 ShockBlast RX8


    Stuff wrote:
    you gobsheen you should not of been speeding you deserve it fool


    I like it Good one indeed those GobSheens


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  • Registered Users Posts: 719 ✭✭✭ShevY


    I lost my speeding fine letter as i was moving house at the time. So i requested another. By that time I got that, it was in the 120euro timeframe.
    I sent it away the other day only to receive it back today with a letter saying "payment cannot be accepted".
    I rang and thay said it was too late and id be getting a summons. was doing 122km/h in a 100 (ballincollig bypass). what is likely to happen me in court?


  • Closed Accounts Posts: 495 ✭✭Clare_Guy


    ShevY wrote: »
    I lost my speeding fine letter as i was moving house at the time. So i requested another. By that time I got that, it was in the 120euro timeframe.
    I sent it away the other day only to receive it back today with a letter saying "payment cannot be accepted".
    I rang and thay said it was too late and id be getting a summons. was doing 122km/h in a 100 (ballincollig bypass). what is likely to happen me in court?


    4 points, €120 fine.

    you could fight it though... one could potentially claim they hadn't received the non-registered original fine and if the judge accepts that you hadn't received it, he would most likely throw it out. talk to a local solicitor and ask them how the judge deals with these cases...


  • Registered Users Posts: 2,117 ✭✭✭Tails142


    Life imprionment probably, although I hear these days you can opt for an alternative penalty of having small needles embedded in your right foot so you wont press so hard on the accelarator next time.


    If you're lucky you might just get 4 penalty points and an increased fine


  • Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Holy thread resurrection Batman!


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