Garda procedure when pulled over for speeding

homosapien91 · 01-02-2023 11:36am #1

Hi everyone, so I was pulled over by a garda with a hairdryer for speeding - stupid I know, was doing 80km in a 50km zone didnt see him till the last second and also didn't realise the road I was driving on had a speed limit of 50km - I didnt actually get a chance to tell the gard this as I was in a bit of shock when he pulled me over, he told me why I was pulled over, showed me the speed on the gun and asked to see my licence. He also asked if I was still living at the address on my licence to which I said I wasnt and gave him my new address. He then said thats it for now you need to be more careful on the roads and went back to his car and drove off. My question is if I was going to be issued with a fine and points should he have explained this to me or should I just wait and see whether a letter arrives in the post?

As I mentioned I was in shock so didn't even think to ask him what would happen next. I have definitely learned my lesson and will be more mindful going forward

NUTLEY BOY · 01-02-2023 12:14pm

Wait and see.

Garda seems to have done enough to ground the issue of a fixed charge notice (FCN). If you receive a FCN please note the time limit for payment.

homosapien91 · 01-02-2023 12:17pm

https://www.boards.ie/discussion/comment/120186464#Comment_120186464

Thanks for that, will keep an eye on the post so

Del2005 · 01-02-2023 1:07pm

What do you think the Garda should have said? You where caught going 30km/h over a 50km/h limit and shown the evidence, of course you will be getting an FCN. Make sure that you drop into your local station to show your insurance, licence and NCT.

I'd be checking your last address for the FCN over the next few weeks.

homosapien91 · 01-02-2023 1:13pm

https://www.boards.ie/discussion/comment/120186706#Comment_120186706

I was simply asking the question should he have explained the next steps to me i.e that I will be receiving a fixed penalty notice in the post or something along those lines, I have never been in the situation before so I genuinely wasn't sure. As I said I produced my licence already to the Garda, nothing was said to me about showing my insurance or NCT to the local station.

My last address is my main family home so there's no issues there I am always told when post arrives for me.

Marcusm · 01-02-2023 2:46pm

You’ll get three points and a small fine provided you pay it promptly. By contrast, in the U.K. you might be liable for a 3 month disqualification (although that might be 30mph rather than 30kmh) plus a £1,000 fine for failing to update the address on your licence (notwithstanding that it might be your parents house).

martingriff · 01-02-2023 2:54pm

https://www.boards.ie/discussion/comment/120187110#Comment_120187110

In New Zealand if you a % over the speed limit you get a 28 day ban

average_runner · 01-02-2023 3:06pm

https://www.boards.ie/discussion/comment/120187169#Comment_120187169

Should bring that in here

kirving · 01-02-2023 4:22pm

https://www.boards.ie/discussion/comment/120186706#Comment_120186706

The Garda should have told the OP that they were getting a fine or summons. Not doing so leaves the OP in the dark about what may or may not happen next (fine, court appearance, etc.) for potentially months.

OP, in all likelihood it will be FCPN fine and 3 points. The reason the Garda didn't tell you this is because some people get irate and try to argue the point, nevertheless it's extremely unprofessional, and would not be accepted when dealing with other professions.

Del2005 · 01-02-2023 4:51pm

https://www.boards.ie/discussion/comment/120187655#Comment_120187655

They were caught speeding and shown the reading. What else is going to happen apart from an FCN?

cml387 · 01-02-2023 4:57pm

https://www.boards.ie/discussion/comment/120187110#Comment_120187110

It's €160 now, and whereas it's hardly a king's ransom I'd prefer to spend it in other ways.

Lenar3556 · 01-02-2023 11:35pm

https://www.boards.ie/discussion/comment/120189315#Comment_120189315

Not in the case of direct intercept offence such as this one. It will be issued to the address provided by the driver as being their current address.

kirving · 02-02-2023 10:48am

https://www.boards.ie/discussion/comment/120187805#Comment_120187805

Potentially nothing if the Garda is disorganised, but most likely a FCPN, and potentially a summons for not producing license or insurance (as we've seen happen to people on boards before).

If the OP is not familiar with the system, they may not know any of the above. Sticking to very defined set of procedures, using explicitly clear language, and explaining what will happen next are key to being seen as a professional force.

If I go to my GP for something, they don't just say "that's grand, off you go now", they tell me that I'll be referred to the hospital for XYZ and to expect a letter in the post.

homosapien91 · 07-02-2023 7:47pm

FCPN arrived in the post today! Glad it did as I can just get it paid, accept the penalty points and stop thinking about it. The gard should have specified it to me but sure look its done now and lesson learned. Thanks for all your replies

NUTLEY BOY · 08-02-2023 12:10pm

https://www.boards.ie/discussion/comment/120212620#Comment_120212620

P.S. Check the wording of your motor insurance renewal when you receive it. Specifically, check if they require you to declare whatever number of points you received. If it is 3 points only that might be of no interest but do check what they specify.

If you do not declare penalty points at renewal - where you are required to do so under the terms of the policy - that could invalidate your motor insurance.

MarkR · 08-02-2023 12:19pm

They probably are wary of aggression from motorists they've caught. You tell someone they're getting points on their licence and a fine, and there could well be useless arguments. Unless a child is crowning in the back seat, I don't think there's much that'll get you off.

Unless maybe you're on the county team. :-D

homosapien91 · 08-02-2023 4:21pm

https://www.boards.ie/discussion/comment/120214827#Comment_120214827

Cheers for that, will definitely have a look at my insurance, only renewed in January so its not due until next year but still best to be sure

whomitconcerns · 19-02-2023 9:24am

You may be required to inform them as soon as you get the points, regardless of renewal. As depending on the amount, it may be a material change of fact.

Check your policy wording

walterking · 19-02-2023 9:48am

How can a Garda say that you are getting 3 points?

He is making an allegation. If you accept that allegation by paying the fine you get 3 points.

But you can challenge it if you want.

Hence it's not for the Garda to state the points nor the fine.

Oscar_Madison · 20-02-2023 1:42pm

https://www.boards.ie/discussion/comment/120215954#Comment_120215954

once the fine is paid you’ll eventually get a notice in the door advising of the date when the penalty points are applied - it’s this date you’ll have to advise your insurance company of- many insurance companies don’t penalise your first 3 penalty points for speeding - if you were holding a mobile phone might have been a different story. You’re generally obligated to tell your insurance company of any changes affecting your policy- so be sure to tell your insurance company when the notice of points applied arrives. Likely no impact to you in terms of cost etc

As someone who’s on year 3 of 3 penalty points, it does sharpen the mind when driving and you’re more aware of your speed- getting another 3 would cause considerable expense on insurance premiums so it’s kindof last chance saloon - you’ll be a better driver as a result

homosapien91 · 20-02-2023 1:50pm

https://www.boards.ie/discussion/comment/120264942#Comment_120264942

Letter from the RSA arrived on Friday to notify me of the 3 penalty points and the date from which they will apply. I immediately got on to my insurance company to let them know.

I am definitely more aware of my driving now and agree it will make me a better driver

kirk. · 20-02-2023 2:01pm

https://www.boards.ie/discussion/comment/120214827#Comment_120214827

Don't some policies require you to notify them straightaway

EveryoneKnowsNobodyCares · 20-02-2023 8:17pm

A few years ago I got caught rotten doing 127 kmh I think it was on a 100 kmh dual carriageway. I emerged from the left lane behind a car driving at legal speed into the right hand lane and right in front of the cop car. The flashing lights went on immediately and she wasn't long catching up with me and showing me my speed. I think she explained the three points and the FCN and that it would be in the post and I had to pay it in however many days etc. I had to declare the three points to the insurance companies but it didn't affect the premia. Delighted when it was up, I think I even got a letter to confirm that the three years were up. Although I think on my last set of insurance documentation the three points were still mentioned...

walterking · 20-02-2023 11:50pm

https://www.boards.ie/discussion/comment/120265030#Comment_120265030

Some - usually those that give extra discount for all drivers being point free.

Allianz don't require it as they have access to the driver database. AXA only require it when you are taking out insurance.

However AIG are very strict and have it as part of their terms and conditions that you must inform them immediately.

Garda procedure when pulled over for speeding

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