# False complaint made about my driving, call from Garda



## shesells (25 Apr 2014)

This is a strange one.

Got a phone call out of the blue last Friday from a Garda. She said they had had a letter in complaining about my driving, on an evening five weeks previously. Woman said I'd blown the horn at her, had overtaken her on the wrong side of the road and that I'd given her the finger.

Starting in reverse: I never give anyone a finger. If I react, I blow kisses as it un-nerves the aggressor so if I did anything it would have been that but even that was unlikely. On the other two, I couldn't remember any specifics as there had been no incident, it's a road I drive every day and five weeks had passed.

I talked to the Garda and she said that they weren't going to take any action as there was no incident, it was her word against mine etc. Still freaked me out though.

Anyway fast forward to an evening this week and I'm driving the same road and I have a Eureka moment. I remembered what happened. I did blow the horn at the woman as she left someone in from a bus lane as I was half way across a Luas line and there was no space for me to go (I had to reverse as there was nobody behind me and I didn't want to get stuck on the line). I used my horn to alert her of my presence as she stopped to let the car in, putting me in danger. 

On the overtaking..she was actually in the wrong. That particular road has a bus lane and a traffic lane. About 100m from the next junction, the bus lane ends as cars travelling straight need to pull into that, the traffic lane becomes a right turn lane. She pulled into the bus lane about 300m from the junction whereas I waited for the line to break so that I could get into the lane legally. As it happened, the first gap in the line of taxis/cars in the lane illegally early was in front of her car. She wasn't happy and blew her horn at me.

So long and the short of it was it's much ado about nothing. Her nose was out of joint and she decided to make me pay. The Garda said not to worry about it but now that I've remembered what happened, I'd hate for her version of the story to be the only one on the file. At the same time my instinct tells me I should let sleeping dogs lie and just forget about it.

Any thoughts?


----------



## PaddyBloggit (25 Apr 2014)

Forget about it.

Suck it up as being part of the annoyances one meets through life.


----------



## serotoninsid (25 Apr 2014)

What's the legal standpoint as regards Gardai acting on the opinion of another road user?  Have had two instances of that over the years - in both cases, I asked for the name of the person making the accusation - but was refused.

If it was taken further, presumably they would have to make themselves known?

In the case of the OP, if it's something in writing, is she entitled to that information under  data protection? i.e. access to any info with her name on it...hmm...although I guess her name isn't on it - just reg plate number...so probably not accessible via data protection?


----------



## Dermot (25 Apr 2014)

It is highly unlikely that The Garda who received the letter is going to take any further action based on the letter.  The Garda will more than likely only investigate it if she receives a formal statement of complaint and in the unlikely event that this happens she will ask you for your version of events in a statement form.  If all this happens she will report the matter up the line and in all probability will end up in a bottle of smoke.

After all that I am with PaddyBloggit on the matter


----------



## shesells (25 Apr 2014)

Thanks guys, I feel a bit better about it now. She did say that that was the end of it so hopefully that's it.


----------



## SoylentGreen (26 Apr 2014)

Why would you be feeling guilty in any way if you did nothing wrong?  There are a lot of very deluded people out there who think that the world revolves around them. For someone to write to the local gardai about an incident like this suggests that they live in some sort of superior world to the rest of us.


----------



## Time (26 Apr 2014)

I was advised by a solicitor to say "no comment" to anything a garda accuses you of.

That way they are put to strict proof of any accusation.


----------



## emeralds (26 Apr 2014)

shesells said:


> Starting in reverse: I never give anyone a finger. If I react, I blow kisses as it un-nerves the aggressor so if I did anything it would have been that but even that was unlikely.



I think any gesture to another driver is unwise and ill-advised - whether it be giving someone the finger or blowing kisses at them.


----------



## Slim (26 Apr 2014)

shesells said:


> Thanks guys, I feel a bit better about it now. She did say that that was the end of it so hopefully that's it.


As you have recalled the incident, I would make full statement, in writing, setting out the full facts. You do not know her name but the Gardai do, so you point out how she was in the wrong. See what they do about that!


----------



## Sunny (26 Apr 2014)

Slim said:


> As you have recalled the incident, I would make full statement, in writing, setting out the full facts. You do not know her name but the Gardai do, so you point out how she was in the wrong. See what they do about that!



The Guards are ignoring it because its stupid. The OP should do the same. Having read his account, he was in the wrong for beeping because he was stuck on a luas line. He shouldn't have crossed the line until he was sure he would get across. He was obviously travelling too close to the car in front if he got stuck becuase the car in front stopped for whatever reason. He had no right to beep at her. 

All a bit childish on behalf of the other driver but not worth losing sleep over. There will be no file kept.


----------



## shesells (26 Apr 2014)

Sunny said:


> The Guards are ignoring it because its stupid. The OP should do the same. Having read his account, he was in the wrong for beeping because he was stuck on a luas line. He shouldn't have crossed the line until he was sure he would get across. He was obviously travelling too close to the car in front if he got stuck becuase the car in front stopped for whatever reason. He had no right to beep at her.
> 
> All a bit childish on behalf of the other driver but not worth losing sleep over. There will be no file kept.



To correct you, I moved forward when there was plenty of room, the car in front of me braked hard to let someone out of the bus lane (someone who shouldn't have been in it) and I had already moved forward. I was in no way driving too close to the car in front of me, and I beeped to alert them of my presence as permitted in the rules of the road.


----------



## Sunny (26 Apr 2014)

shesells said:


> To correct you, I moved forward when there was plenty of room, the car in front of me braked hard to let someone out of the bus lane (someone who shouldn't have been in it) and I had already moved forward. I was in no way driving too close to the car in front of me, and I beeped to alert them of my presence as permitted in the rules of the road.



Sorry but you were in the wrong. If there was plenty of room, you wouldn't have got stuck on the track. If the car in front had emergency braked because a child ran in front of the car, you would still be stuck on the track. If the engine had blown up, you would still be stuck on the track. As the driver behind, it is up to you to maintain enough distance to compensate for any actions that the driver ahead takes. You were obviously too close. Not defending the other driver who obviously has too much time on their hands but you had no reason to beep her just because she stopped. Unless she started reversing, there was no need to beep to warn her of of your presence.


----------



## shesells (26 Apr 2014)

There is varying space at luas crossings...some have large yellow boxes other don't. I am a careful driver, I would not have begun to move unless I was sure that I could safely clear the junction. Anyway, beeping the horn wasn't the bigger complaint. The overtaking would have been the bigger deal and I was 100% in the right on that one.

I've been reassured by the majority of posters on here so I'm just going to put it behind me and move on.


----------



## Time (26 Apr 2014)

99% of the time these cases go no where. They are just a waste of everyone's time.


----------



## Kimmagegirl (27 Apr 2014)

shesells said:


> .
> 
> Starting in reverse: I never give anyone a finger. If I react, I blow kisses as it un-nerves the aggressor so if I did anything it would have been that but even that was unlikely.
> 
> Any thoughts?



In a heated situation, blowing kisses at someone is an act of aggression. How do you think that they are going to react to your sarcastic act?

If someone did that to me I think I would actually become more angry rather than unnerved.

Your comment above suggests that you do this often and maybe you should have a look at your driving skills?


----------



## Grizzly (27 Apr 2014)

shesells said:


> To correct you, I moved forward when there was plenty of room, the car in front of me braked hard to let someone out of the bus lane (someone who shouldn't have been in it) and I had already moved forward. I was in no way driving too close to the car in front of me, and I beeped to alert them of my presence as permitted in the rules of the road.



So at what point did you blow the kiss at them?

In your opening post you say that she blew her car horn at you now you are saying that you blew your car horn at her.

She blew first...then you blew second......

It strikes me that this person was busy letting someone out and didn't notice you so the scenario suggests that you blew first, she blew back at you and the you threw your kiss back?


----------



## SparkRite (27 Apr 2014)

Grizzly said:


> So at what point did you blow the kiss at them?
> 
> In your opening post you say that she blew her car horn at you now you are saying that you blew your car horn at her.
> 
> She blew first...then you blew second......



I think you need to re-read the OP (carefully).


----------



## PatMacG (27 Apr 2014)

serotoninsid said:


> What's the legal standpoint as regards Gardai acting on the opinion of another road user? ...


The Garda received a written complaint and as part of her job she investigated it. Her conslusion after investigation was that no further action was called for. That seems fair and transparent to me


serotoninsid said:


> ...   Have had two  instances of that over the years - in both cases, I asked for the name  of the person making the accusation - but was refused...


And rightly so IMHO. An investigating Guard asks questions to both broaden and deepen her knowledge of the matter at issue. She will not / cannot reveal the identities of possible witnesses to a possible prosecution  as this could lead to intimidation.

What reasons would you have for asking for the identities of the compainants?


serotoninsid said:


> ...   If it was taken further, presumably they would have to make themselves known? ...


If a prosection ensues then yes, in a court of law


serotoninsid said:


> ...
> In the case of the OP, if it's something in writing, is she entitled to  that information under  data protection? i.e. access to any info with  her name on it...hmm...although I guess her name isn't on it - just reg  plate number...so probably not accessible via data protection?


OP is not entitled to see what might be regarded as a privileged communication.


----------



## Time (27 Apr 2014)

She will get a censored version minus the complainants details.

Also the OP will now have their very own Pulse entry. You can DPA them for that too.


----------



## serotoninsid (28 Apr 2014)

PatMacG said:


> And rightly so IMHO. An investigating Guard asks questions to both broaden and deepen her knowledge of the matter at issue. She will not / cannot reveal the identities of possible witnesses to a possible prosecution as this could lead to intimidation.
> 
> What reasons would you have for asking for the identities of the complainants?


Your points are completely valid.  However, this can work in reverse.  i.e. where the complainant recognises the vehicle and based potentially on their own prejudice, makes the complaint.  Before you start to think this is far fetched, it wouldn't be in my case - given the time of night and specific time - with a volume of cars hitting the same stretch of road following work.


----------



## Laramie (28 Apr 2014)

shesells said:


> whereas I waited for the line to break so that I could get into the lane legally. As it happened, the first gap in the line of taxis/cars in the lane illegally early was in front of her car.
> 
> Any thoughts?



I cannot understand why drivers wait for the "line break". I have seen cars take an almost 90 degree turn from the inside lane of the N11, cutting across the bus lane to exit. If there are buses, taxis or other cars already in the bus lane then you have to wait until these pass you on the inside leaving you exposed to be rear ended. 
This whole area needs to be looked at again because it is dangerous. Surely it is better to read the situation and switch lanes before waiting for the line break.


----------



## delgirl (28 Apr 2014)

Laramie said:


> I cannot understand why drivers wait for the "line break". I have seen cars take an almost 90 degree turn from the inside lane of the N11, cutting across the bus lane to exit. If there are buses, taxis or other cars already in the bus lane then you have to wait until these pass you on the inside leaving you exposed to be rear ended.
> This whole area needs to be looked at again because it is dangerous. Surely it is better to read the situation and switch lanes before waiting for the line break.


Been there, done that and got stopped by a Garda for entering the bus lane 5 meters before the broken line.

Didn't get a fine, but got told off and had to produce licence etc. at Cabinteely Garda Station.

It is dangerous and IMHO the broken line needs to be extended further back from the turnoff.


----------



## RainyDay (28 Apr 2014)

Sunny said:


> Having read his account, he was in the wrong for beeping because he was stuck on a luas line. He shouldn't have crossed the line until he was sure he would get across. He was obviously travelling too close to the car in front if he got stuck becuase the car in front stopped for whatever reason. He had no right to beep at her.


Correct.



Sunny said:


> There will be no file kept.



Probably not correct. If the complaint was lodged through the Garda TrafficWatch system, there will be a record of the original complaint.


----------



## Lauren (28 Apr 2014)

Laramie said:


> I cannot understand why drivers wait for the "line break". I have seen cars take an almost 90 degree turn from the inside lane of the N11, cutting across the bus lane to exit. If there are buses, taxis or other cars already in the bus lane then you have to wait until these pass you on the inside leaving you exposed to be rear ended.
> This whole area needs to be looked at again because it is dangerous. Surely it is better to read the situation and switch lanes before waiting for the line break.




Yes I agree, very poorly planned line breaks for turning left on a road where there are bus lanes. I experience this regularly on the N2.


----------



## Bronte (29 Apr 2014)

shesells said:


> I talked to the Garda and she said that they weren't going to take any action as there was no incident, it was her word against mine etc.
> 
> 
> Any thoughts?


 
No further action should be taken by you.  It's just one of those things, and I'm pleased to hear the Garda did her job and acted on a complaint.  Very professional.  And she listened to your reply and decided no further action is required which based on what you've posted seems to be the best course of action.  For all concerned.


----------



## Laramie (29 Apr 2014)

But has the information been recorded somewhere....and when the OP blows a kiss next time and a complaint is made what will be the outcome.


----------



## Time (29 Apr 2014)

Of course this has all been recorded. I can't believe that people would think otherwise.


----------

