speeding tickets

Q

Quintessential

Guest
ok got a slightly complex tale but would appreciate anybody's advice. some time ago I was coming in the lucan road on sunday morning when I was overtaken by a black bmw. I drive a black car also. I dont think I was speeding but this guy certainly was. A guard stepped out and waved both of us in. She walked to the guy in the BMW looked in the window, gave him a big smile and waved him on. then she came to my car and told me I was speeding. she showed me no proof of this and her colleague was by this time using the speed gun at the back of my vehicle to catch more cars. I asked her if I could see proof or get a print out and she said i would get it in the post. I was fuming that the other guy was allowed off when I know I was on or about the speed limit. I can only assume she knows him. now I am abroad a lot. so the ticket arrived with a picture of my license plate and I sent off the fine. It was returned to me with a note saying I was outside the date and the fine had gone up. I was away when this notice came in but upon my return I filled out a new cheque and sent that off. It was returned to me saying I was 3 days over and now had to go to court. what do you guys think? would anyone contest it?
 
AFAIK, You are in a position where you will have to contest it. If you plead guilty you will have your points increased two fold (4). If you plead not guilty and are found guilty you will get 4 pts. Contest it and have plenty of evidence, its worth a go.
 
Contest it.

The guard pulled two cars over. As far as I'm aware she is obliged to give both of you tickets. Get a solicitor and do whatever it takes to get off it!!!!!!!!!

Of course you could just 'pretend' you never got the fine back in the post and that will more than likely get you off. Naturally I'm not condoning such activity but I've heard stories....

As well as that a speed gun can only take the speed of one car at a time right??? There is also a 5% allowance for differences in speedometers etc.....

Personally I'd rate pay bring senior counsel €5,000 than pay our an €80 speeding fine.

Contest it!!!
 
Iceman732 said:
Of course you could just 'pretend' you never got the fine back in the post and that will more than likely get you off. Naturally I'm not condoning such activity but I've heard stories....
!
Click to expand...

that would be a very bad idea when he tried to pay the fine he got the post....
 
More important did it ever occur that as the other Guard commenced the speed camera operation at the back of the OPs car whilst the other was giving the ticket, that the number plate picture was taken after the offence. Or in fact at the time of the offence, the other BMW got caught on camera and the OP did not.
 
There is no photographic evidence in these cases. The instrument used is LTI 20-20 Speedscope that does not record a picture. It just measures the speed. Registration numbers would be noted in the Gardas pocket book.
 
I was under the impression that the photo was the main evidence that the Gardai used. Surely they cannot issue a summons without having some form of evidence. The photos that I received previously showed my Reg.number and the speed I was travelling at. Fail to understand as to how they can prosecute without evidence.
 
The Garda is there at the time of the alleged offence. He/she will record all the particulars including the speed and driver details. The photograph is only needed for non intercept offences, i.e. offences detected by a static unmanned speed camera or gatso van where the vehicle is not stopped at the time.

If you are stopped and spoken to at the time, the Gardas word is enough to convict.
 
So is it a case of, if a Gardai saw you doing it and tells the judge this, You goosed?
 
It is done all the time. Spend a morning in your local district court and observe.
 
I presume there was some indication of the speed you were alleged to be doing. Of course the prosecution will make the case that you made two efforts to pay the fine so therefore you must be accepting the evidence that you were speeding. You are facing four penalty points regardless of whether you plead or contest the case if you are convicted so there is no harm in trying. The only argument you have is that the Garda was no consistent in issuing tickets to both you and the driver in front. Of course she may not accept that there was another BMW on the scene. Good luck.
 
This sounds very odd to me- you say there was a photo? Handheld devices to detect speeding don't take photos but there is a fixed camera on the lucan road which does take photos but a guard pulling you over would def not be using one of those - he would only take your reg and details on his handheld machine. Does the number of your fixed charge notice begin with S or something else? If S its taken from the fixed camera. Are you certain the date coincides with when the Guards pulled you in? Could it be that you got stung again for speeding but by the fixed camera? Does happen Im afraid!! Bring evidence of your travel arrangements, etc. to court - tickets, accomodation receipts, etc - and insist to the judge you would have paid it in time had you been here is all I could advise and forget about expensive legal teams! Best of luck!
 
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