# Garda procedure for issuing ticket/penalty



## wheeler (12 Sep 2007)

What is the procedure that a Garda must follow once a driver has been pulled over for a traffic offence with reference to identifying a technical oversight that might get the driver out of penalty points.


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## niceoneted (12 Sep 2007)

*Re: Garda procedure*

why don't you tell us what happened and we can pick holes in it if need be!

they should disclose the offence, they can ask you anything really if you are willing to answer i.e. if they ask you for your name and address and you give it that's fine. They can however demand to see your driving licence and cert of insurance, if you don't have it or refuse to produce it there and then they can then demand your name and address, and ask you to produce these documents within 10 days at a station of your choice. If you have no insuranc or tax is out 2 months they can take the car.
What was the offence?


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## Towger (12 Sep 2007)

*Re: Garda procedure*

Well to start with if they are wearing a helmet and/or dark glasses they must be removed before addressing you.


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## wheeler (12 Sep 2007)

*Re: Garda procedure*

I ignored a sign indicating a 'no left' turn. 

So - I gave my license, didn't have my insurance cert so will hand that in over the next week. No problem there. I answered all questions. I didn't even get the usual lecture for committing an offence.

Garda told me that I will receive a fine. No mention of penalty points but I can see that it does carry 1 point.

For the record - hands up. I'm not looking for comments on how to drive, on obeying street signs or the fact that I deserved it. I'm looking for correct garda procedure when being booked for committing a traffic offence. There has to be a procedure to be followed and it has to be detailed enough to pick holes in it.


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## SOM42 (13 Sep 2007)

*Re: Garda procedure*



whelanfiona said:


> I ignored a sign indicating a 'no left' turn.
> 
> For the record - hands up. I'm not looking for comments on how to drive, on obeying street signs or the fact that I deserved it. I'm looking for correct garda procedure when being booked for committing a traffic offence. There has to be a procedure to be followed and it has to be detailed enough to pick holes in it.


 
The procedure is simple enough.  The garda signals you to stop, demands driving licence and insurance and completes a fixed charge penalty notice.  I don't know how you could pick a hole in it.  The most usual technicality is that the notice is incorrectly completed.  Check that the location and offence are correct on the notice as well as your car registration number.  They should all be legible.  If they are only advice is pay up!


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## SOM42 (13 Sep 2007)

*Re: Garda procedure*



Towger said:


> Well to start with if they are wearing a helmet and/or dark glasses they must be removed before addressing you.


 
That's just a direction and has no legal standing.


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## SNOWBALL (13 Sep 2007)

HI JOEY

I cant believe a statement like that after all it was just a turn.How about she knocked down so innocent person or crashed in to someone driving.im sure if you where hit by someone taking a wrong turn you would not be so quick to make such a statement.I think it is very simple she commited the offence so pay up.


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## ClubMan (13 Sep 2007)

Off topic posts removed. Stick to the original point and if you want to rant then do so in _Letting Off Steam_.


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## wheeler (18 Sep 2007)

*Re: Garda procedure*



SOM42 said:


> The procedure is simple enough. The garda signals you to stop, demands driving licence and insurance and completes a fixed charge penalty notice. I don't know how you could pick a hole in it. The most usual technicality is that the notice is incorrectly completed. Check that the location and offence are correct on the notice as well as your car registration number. They should all be legible. If they are only advice is pay up!


 
Should I have received a physical ticket at the time? She didn't hand me anything.


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## addob (18 Sep 2007)

this happened to me while using a bus lane, guard didnt remove helmet took drivers licence stated what i did wrong, said there would be a fine and 1 pen point, i received notice about 2-3 months later and thats pretty much it, (personally i find it quite rude that they dont remove their helmet!
)


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## LouisLaLoope (19 Sep 2007)

*Re: Garda procedure*



whelanfiona said:


> Should I have received a physical ticket at the time? She didn't hand me anything.


 
I got caught taking a left turn reserved only for buses (I totally didn't see the sign - five cars took the turn at the same time! Nice revenue for them, eh?). Anyway, I didn't have my licence or insurance cert but managed to talk my way out of any penalty points. I wasn't given an actual ticket and I thought maybe I wasn't getting the fine either, but my address and ID had been taken and sure enough the fine came through a few weeks' later.

Check the details on the fine when it comes through (and it will!). If you wanna get them on a technicality then that's probably your only chance. Good luck!


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## nt00deep (19 Sep 2007)

I didn't think the issuance of penalty points were within the discretion of the Gardai.  You are either accused of the offence or you're not, so if you were issued with a notice of the offence, and the penalty for the offence is fine+points, how could it be that you feel you have been fined, but not liable for the points?


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## LouisLaLoope (19 Sep 2007)

nt00deep said:


> I didn't think the issuance of penalty points were within the discretion of the Gardai. You are either accused of the offence or you're not, so if you were issued with a notice of the offence, and the penalty for the offence is fine+points, how could it be that you feel you have been fined, but not liable for the points?


 
Not sure if that was directed at me or not. In my situation, he said there were X amount of points attaching to the left turn and the lack of licence and insurance cert. I simply complained and moaned and said how outrageous this was and how I didn't know where I was going, didn't see the sign (which I didn't but that's no excuse!), couldn't believe I'd get points for something so trivial and that it wasn't unsafe or dangerous (buses can do it), blah blah. I got really irate. He said he'd give me a fine and not the points. Score! I must have got him on a good day. But what he didn't know is that I have a UK licence anyway. Still, it's the principle of the thing!


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