# Pulled in by guards & when I was told to go he said I turned on a solid white line.



## deeheg (17 Dec 2010)

I was told by a unmarked car to pull in. 

When I did, ( i was so upset with him and cross that he was so nasty), and then when he told me to go, he said i had turned on solid white line and he fined me and I got 2 penalty points, however, it was the guard who told me to go there. 

I was advised to write to the superintendent of the station which I did, and today 6 weeks later I get a letter, stating that the superintendent can not intervene in this instance?

I just dont think thats good enough reply, any suggestions?


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## callybags (17 Dec 2010)

Did you turn on a solid white line?

If you did then I don't think you can have any complaint.


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## Pee (17 Dec 2010)

How did you manage to cross a white line when pulling in? Did you cross the line after being signalled to pull in or as you were leaving, did he stop you again or just send fine and points? Did you do a U turn? Can you give a better description of what and how it happened?


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## deeheg (20 Dec 2010)

Hi,


I was coming out of a small road signaling to go right, two cars drove in facing me blocking me, the one to my right moved on and the one directly blocking me didnt. 

After at second I waved it to go on out of my way and it put on its blue lights asked me was I in a hurry (unmarked car) and then told me to pull in to the side.

Then they said pull around the corner  (5 feet ). 

When he was finished I indicated to go back to where i was going and a car let me out; that is when it was a solid white line but literary just beside where you would be turning. 

He didnt get me on any insurance or anything else and was obviously having a bad day so  he got me on that.

 I have written to make a complaint to the superintendent and I just received a reply after 6 weeks saying has looked in but cant intervene in this instance. 

So apart from the fact he is supposed to be the superintendent and in charge cant for the life neither my workmates understand why a super cant intervene. 

I am letting it go for Christmas, but will be writing to the Ombudsman in New Year. 

I gave a very brief description here, but the guy was a complete bully trying to unnerve me etc and really I dont think he should be allowed to treat people like that.


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## tinkerbell (20 Dec 2010)

There is an alternative?   Go to court for a judge to decide?


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## bluemac (20 Dec 2010)

id say technically the guard is correct so I wouldn't argue it...  that's why when you are pulled in you say sorry sorry sorry yes sir sorry.. even if you  don't think you were not at fault..


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## rescue16 (20 Dec 2010)

Once you cross a solid white line YOU are breaking the rules of the road no matter what the reason is and i say you were in the wrong place at the wrong time. If you do want to fight it go to court and fight your case but you better have a good solictor but to be honest i would just take the fine while your ahead because if you lose in court you will have legal costs and good get more points and a bigger fine.


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## RonanC (20 Dec 2010)

Unless you were specifically instructed to cross the continuous white line by the Garda, you were breaking the rules of the road and rightly or wrongly the Garda was well within the law to pull you over again and issue you with a fine and penalty points.


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## werner (21 Dec 2010)

deeheg said:


> I was told by a unmarked car to pull in.
> 
> When I did, ( i was so upset with him and cross that he was so nasty), and then when he told me to go, he said i had turned on solid white line and he fined me and I got 2 penalty points, however, it was the guard who told me to go there.
> 
> ...


 
The Gardai continue to be very unprofessional with their dealing with the public on too many occassions.

My first introduction to a similar type of law enforcement was when I was instructed  by a "Garda" to pull over. I heard no more about it until six months afterwards I was fined/summoned to court ( a waste of my time and money) for failing to wear a safety belt and stopping on a clearway. Needless to say I was wearing a safety belt ( as luck would have it, I had a senior barrister with me as my passenger/witness that I mentioned to the Judge) and stopped on a clearway because I was instructed to by the "Garda".

The result was the Garda had a severe dressing down from the judge for wasting the courts time and I got an apology.

If you do not have a witness it is your word against theirs and the Judge will find against you. 

For your own satisfaction I would at least make an official compalint to the  [broken link removed] Garda ombudsman, as this type of behaviour is entirely unprofessional for a member of the  police force


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## RonanC (21 Dec 2010)

werner said:


> as this type of behaviour is entirely unprofessional for a member of the police force


 
You must remember though Werner, we are only hearing one side of the story here and our replies to the op must be based on this information and also information regarding the rules of the road, something some road users think is only meant for 17 year old learners.


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## DB74 (21 Dec 2010)

So RonanC, basically what you are saying is that you believe the Garda over the OP


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## RonanC (21 Dec 2010)

DB74 said:


> So RonanC, basically what you are saying is that you believe the Garda over the OP



I cannot believe either to be honest as I was not a witness to what happened. 

If you read my 1st reply, this would be a general reply i'd make to anyone on what they told me and it is up to them then to see if that applies to their specific case. 





> Unless you were specifically instructed to cross the continuous white  line by the Garda, you were breaking the rules of the road and rightly  or wrongly the Garda was well within the law to pull you over again and  issue you with a fine and penalty points.


The OP mentions that 





> and then when he told me to go, *he said i had turned on solid white line*


 but in the 2nd post by the OP, they mention 





> When he was finished *I indicated to go back to where i was going* and *a car let me out*; *that is when it was a solid white line*


So, the Garda said the OP drove across a continuous solid white line, and the OP admits this is their 2nd post but wonders why they were pulled over for a second time. This is against the rules of the road and as I said, rightly or wrongly, the Garda was well within his rights to pull the OP over again and issue them with a fine and penalty points.


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## Brighid (21 Dec 2010)

I dont know who is right or who is wrong here, just to say that I had a similar experience a few years ago when I went through a green light that subsequently turned orange when I was en route. The traffic garda was so obnoxious that I have not forgotten it to this day accused me of going through an orange light. I took his number and told him I was going to report him and he followed me all the way home approx 5 miles. I reported him to the Garda Commisioner (no obudsman then and I wanted it to be on his record that he was abusive and a liar) who send out another garda  to interview me. This guy wanted to interview me in my home I refused and we met in a local hotel, he had no eye contact whatsoever. He asked me many questions including if I was on any medication.... I guess I disapointed him. He offered to delete my fine I forget how much it was then.  Anyway a few months later I get a reply from the commisioner to say that the garda was doing his duty at the time. Needless to say I wasent surprised at this, however, I subsequently discovered that this complaint was on this guys record.


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## kieran160 (21 Dec 2010)

what is the exact offence wording on the ticket?


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## bibendum (22 Dec 2010)

Get the Garda badge number. Then write a letter to the ombudsman stating that you felt you were dealt with unfairly and that the officer did not see or want to understand your view point. If you do not have any points to date, they will look at it favorably.


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## Bob_tg (23 Dec 2010)

Is the issue with the garda's behaviour or the fact that you got fined?

In relation to the penalty points, it seems black and white that you crossed a white line and therefore violated the rules of the road.

In relation to the behaviour, perhaps there is another side to the story....



deeheg said:


> i was so upset with him and cross


 


deeheg said:


> After at second I waved it to go on out of my way


 
Maybe the garda thought you were being a little aggressive. Is there any way this wave/your actions could have been interpretted by the garda as being impatient or rude?

These rows sometimes spiral out of nothing, especially if both people are a little on edge.


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## werner (24 Dec 2010)

RonanC said:


> You must remember though Werner, we are only hearing one side of the story here and our replies to the op must be based on this information and also information regarding the rules of the road, something some road users think is only meant for 17 year old learners.


 
My replies are based on legal experience


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## Bob_tg (24 Dec 2010)

Werner - I think you may be missing the point.  

In this case, we are only hearing the side from the OP, and even by the OP's admission there is some evidence of anger on both sides.


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## deeheg (11 Jan 2011)

*Update*

Hi all,

thanks for your comments, well I wrote to the superintendent and basically 6 weeks later got a letter stating cannot intervene? so was not overly happy with the fact that a super felt could not intervene in relation to someone under his remit? anyhow, I went back up to the scene of the 'crime' and took photos and actually realized that it was not a continuous white until further up in the road. So i have printed the picture off with details of the vehicles etc and resent to the superintendent, so I hope now I will get my points off, a refund and that the garda gets told off for what was basically bullying. will post on here when get a reply

thanks


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## deeheg (11 Jan 2011)

Werner,

I am waiting to hear reply from letter with picture of exactly where this took place, and if not good enough will go to the ombusman, I am driving over 20 years and no points or convictions, so sorry if repeated but will post back on this


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## SparkRite (11 Jan 2011)

Thanks for the update Deeheg, interested to see how this goes, keep us posted, please.


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## Jane Doe (11 Jan 2011)

deeheg said:


> Werner,
> 
> I am waiting to hear reply from letter with picture of exactly where this took place, *and if not good enough will go to the ombusman*, I am driving over 20 years and no points or convictions, so sorry if repeated but will post back on this


good for you, keep us updated


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## deeheg (26 Jan 2011)

*2nd Reply from Superintendent*

Hi all,

Well update on my fixed fine, pulling in etc. Received 2nd reply from superintendent again, stating again that he regrets to inform me he cannot intervene in this instance. And he is now sending to courts for issue of a summons. I paid the damn thing and sent a copy of payment in my first letter and also second letter along with picture.

So they are going to send more time and admin sorting out a summons then reading my letter, so its going to the ombudsman now I think, any suggestions welcome


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## deeheg (8 Feb 2011)

*Now Summons to Court*

I just got home yesterday and a hand delivered summons for me in letterbox, date of summons 8 nov 2010 and i am to go to court feb 21st  for no insurance and licence, but the garda saw the insurance, not the licence  but he didnt tell me to go and show it, i instead got two points and fine, now court, i have rang ombudsman as the case with them waiting for reply, what a great country this is!


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## Brendan Burgess (8 Feb 2011)

Are you taking legal advice? 

At this stage you should be speaking to a solicitor. 

Having no insurance is a far more serious issue. 

Brendan


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## Mpsox (8 Feb 2011)

You need to ensure all your facts are correct before you make a big deal of this. Do you have a full licence or were you on a provisional driving on your own.? are you absolutely sure the car was insured correctly and that you were insured to drive that car. Was it's tax and NCT up to date?


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## deeheg (8 Feb 2011)

I am fully comprehensively insured renewal date is always July , full   license for nearly 17 years there was nothing wrong not even out of tax  or nct, I was completely covered. The Ombudsman has just rang me back to  say the summons is separate to the complaint, and I will hear from them  before the court in relation to the whole matter


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## deeheg (8 Feb 2011)

Brendan, I had insurance he saw the disc, do you still think i need legal advice?


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## RonanC (8 Feb 2011)

deeheg said:


> Brendan, I had insurance he saw the disc, do you still think i need legal advice?


 
Having an insurance disc in the windscreen is not proof of insurance. Did the Garda ask you to produce your certificate of insurance to your local Garda station within 10 days?


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## deeheg (4 Mar 2011)

Hi all,

sorry for the late posting Just to advise that this case went to court and was dropped at court, so thanks to all for advice etc and I am delighted with outcome of it


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## Brendan Burgess (4 Mar 2011)

Well done. 

When you say it was dropped, do you mean that the Gardaí did not proceed or that the judge did not find you guilty?


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## NOAH (4 Mar 2011)

and did  you get the penalty points knocked off as well. Please give a bit more detail.

noah


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## deeheg (8 Mar 2011)

HI all,

sorry, no the Garda dropped it just before the court started, and no didnt get back my penalty points though I didnt think to ask at that time, but I think that has to be appealed separately , which i did writing to the Chief Inspector, which i just got standard  PFO replies to my letters.


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## Jane Doe (31 Mar 2011)

deeheg said:


> HI all,
> 
> sorry, no the Garda dropped it just before the court started, and no didnt get back my penalty points though I didnt think to ask at that time, but I think that has to be appealed separately , which i did writing to the Chief Inspector, which i just got standard  PFO replies to my letters.


well done


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