garda procedure at speed trap

T

theengineer

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Does anyone know if someone who is stopped for speeding gets any paper work at the scene of the alleged offence. What is the procedure involved? A lady here was stopped and was suppose to be doing 80km p h in a 50 km zone.

She asked me, because she knows I have a law degree, however both her husband and I would be happy to see her face the music. I myself have a total dislike for speeding. I always feel sorry for the member of gardai who has to knock at the door of someone to say that a family member was killed due a road accident.

I would be delighted to find out the corect procedure if anyone knows it.
 
two points & Fine will be sent out by post in a couple of weeks - no paperwork at scene (at least I didn't get any!)
 
Normally they take the car details, and the driver personal details and check the licence and insurance details. If not to hand they give the mandatory 10 days to produce them. So if she was speeding she will be done !!!
 
just thought of something, does the member have to produce a certificate of calibration for what ever speed detector was used?
 
I wonder was it an appropriate speed limit for the area, it's not always cut and dried & it sounds like the usual carry on of Guards waiting in the 50km zone rather than out where the real speeding takes place.
 
theengineer said:
just thought of something, does the member have to produce a certificate of calibration for what ever speed detector was used?
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Nope, in law it is assumed that the device used is calibrated correctly. It is up to you to prove it is not. An impossible task.
 
That is a good point, I dont know exactly where this happened, but if it is a 50 km zone, she should drive at 50 or less, (Unless of course she was driving a govt minister)
 
I myself know of many things that are often out of calabration, i wont mention airlines and their scales, etc.... I presume the gardai do have a certificate of calabration for the device! I presume this thing is tested before task starts, and on return to station.

OK it would need to be out a lot if she was detected doing 80 in a 50 zone.
 
Moral Ethos said:
Nope, in law it is assumed that the device used is calibrated correctly. It is up to you to prove it is not. An impossible task.
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But in criminal law you are presumed innocent untill proven guilty. If there is any doubt the accused must be left off. It is ages since I read anything about law, but points come back.
 
MrMan said:
I wonder was it an appropriate speed limit for the area, it's not always cut and dried & it sounds like the usual carry on of Guards waiting in the 50km zone rather than out where the real speeding takes place.
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So doing 80 kph in a 50 kph zone doesn't count as real speeding?
 
theengineer said:
But in criminal law you are presumed innocent untill proven guilty. If there is any doubt the accused must be left off. It is ages since I read anything about law, but points come back.
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Unfortunately with speeding prosecutions, you must prove you innocence. The law was changed a few years ago to give the presumption of the detection device is working correctly. The accused must prove that it was not. Very hard to do if the Gardaí won't show you a calibration cert.

It is a law that is worth challenging. I am surprised that no solicitor has challenged this law in a court.
 
I'd also add that it's highly unlikely that even the least maintained and uncalibrated detector would be so off as to confuse 50 and below for 80 kph.

It would only ever be an issue within a certain small percentage of the speed limit. I think maxium for a very dodgy detector could be out as much as 10%, but hardly more than that.

In most cases it's a moot point.
 
I think maxium for a very dodgy detector could be out as much as 10%, but hardly more than that.
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You 'think' or you know?
Why can't detectors be out by more than 10%? If it's not calibrated correctly, why can't it be out by a huge amount?
 
gallogly said:
sounds like theengineer is looking for ideas on how to beat the speeding rap.
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Just intrested in how the whole thing works, also intresting to see what the courts are at.


I know from my own point of view, all my test meters, etc need to be calibrated. I carry copies of the certs of calibration with me. And boy oh boy, calibrating things is a very expensive process.
 
I agree 100% with you.

The whole speed enforcement system allows the Gardaí to trample on your constitutional rights with no comeback for the citizen.
 
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