Correct me if I am wrong. If you go to a court of law, I thought it was normal practice for both parties (defendant and prosecutor) to each have full details of a case.
This is not true with speeding offence's; the Garda will not produce details of the equipment used unless the judge orders them to produce them. We are relying on their trust that they are diligent in keeping the equipment in order. So before the court case/trial, the defendant does not know if he has a valid case, and could stand to lose if the Garda documents are in order, he is also risking double the fine and penalty point for challenging it.
The extra penalty point are not for bad driving but are for challenging a legal prosecution. Is this constitutional?
This is not true with speeding offence's; the Garda will not produce details of the equipment used unless the judge orders them to produce them. We are relying on their trust that they are diligent in keeping the equipment in order. So before the court case/trial, the defendant does not know if he has a valid case, and could stand to lose if the Garda documents are in order, he is also risking double the fine and penalty point for challenging it.
The extra penalty point are not for bad driving but are for challenging a legal prosecution. Is this constitutional?
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