Can you be done by a lone garda??

[Mide]

So, suppose you were stopped by a garda and accused of driving with a phone in your hand but not on the phone, 'cradling the phone'

Supposing he was alone in his car, and supposing you maintain you weren't in fact holding the phone.... can he do you?

Ultimately is it your word against his??

 

[Mandylicious]

They could take the phone and check for use at the time you were stopped. Or check with the phone company.

 

[(RIP) DitchWater]

So, suppose you were stopped by a garda and accused of driving with a phone in your hand but not on the phone, 'cradling the phone'

Supposing he was alone in his car, and supposing you maintain you weren't in fact holding the phone.... can he do you?

Ultimately is it your word against his??

It seems to all supposition at the moment: Is he still standing next to you?

We'll give you a good reference for him.

 

[john_aero]

Is he still standing next to you?

now be time to hang up

yes sadly he can do you if able to prove it

most people will just bow head and take penalty, but if you fight it you have argue point and he will have show evidense, as mentioned checking times off calls from your phone provider and if match time he saw you then your doubly ecked

 

[Mide]

I wasn't on the phone

I'd have no problem with them checking

He wasn't accusing me of being on the phone, just accused me of having it in my hand

But ultimately would it be his word against mine?! I can't prove I didn't have it in my hand but he couldn't prove that I did

 

[STUBBS]

was he in a car that had video equipment

 

[Aidan1150]

Your word against his, he wins Mide.

 

[Mandylicious]

Did he book you ? what way did he leave it with you ?

 

[Mide]

Said I'd get a fine and 2 points

Why is his word better than mine?!

 

[Damien]

As Aidan said, the court will take his word against yours. Also by going to court, you will end up with double points and a larger fine. Could be a big problem if you have points already.

Can you say it was one of the kids driving?

 

[Aidan1150]

He wasn't accusing me of being on the phone, just accused me of having it in my hand

Up here the offence is having the phone in your hand, not the using of it. If a cop says he saw you with it in your hand then that's it. I know it's shite, but that's just the way it is.

 

[(RIP) DitchWater]

Said I'd get a fine and 2 points

Why is his word better than mine?!

He's a serving Garda and you're not, and Kev's known to Interpol.

Has he issued a ticket? That's really petty and should have been a warning although, I have had a very, very close shave with someone simply holding their phone whilst driving. In fact the phone lept out of their hand when I nearly parked a motorcycle in the drivers seat.

 

[Bohsfc]

They could take the phone and check for use at the time you were stopped. Or check with the phone company.

They actually can't take the phone to check it. You must give them permission to check it!!!!

But that's not the point here, but just thought i'd state that!

 

[Mide]

and Kev's known to Interpol.
.

Funnily enough I was on my way to meet Kev for lunch and he was working in the Garda headquarters in the Phoenix Park!!

They clearly didn't do much checking when they did the background check to give him Garda clearance

 

[Mandylicious]

Funnily enough I was on my way to meet Kev for lunch and he was working in the Garda headquarters in the Phoenix Park!!

They clearly didn't do much checking when they did the background check to give him Garda clearance

He has an honest face

 

[iftikartaxis]

phone in hand

how many accidents have been caused by drivers using the phone or just holding it
thing was did you !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
best place for it in your pocket

 

[Chieftain]

So, suppose you were stopped by a garda and accused of driving with a phone in your hand but not on the phone, 'cradling the phone'

Supposing he was alone in his car, and supposing you maintain you weren't in fact holding the phone.... can he do you?

Ultimately is it your word against his??

Yes, he can 'do' you. There will be a fixed penalty issued. Should you wish to contest the allegation, do not pay. Then a summons will be issued for the district court. The judge may believe your version of events or he may believe the garda. You don't pay your money and you take your chance.
In relation to the power of the garda to 'do' you there is case law there that provides for the Garda to take uncorroborated cases against people. I'll find out the name of the case if you wish.

They could take the phone and check for use at the time you were stopped. Or check with the phone company.

Not so Mandy. No power to take the phone or to check with phone companies.

 

[oblertone]

Because ...

Why is his word better than mine?!

... you are a liar

 

[Mide]

... you are a liar

Prove it

 

[luke scott]

I wasn't on the phone


He wasn't accusing me of being on the phone, just accused me of having it in my hand

The offence is holding it or even resting in on your leg. You do not have to be making a call. Suck it up if you really were holding the phone and take the points. Oh and remember the judge will take the garda side every time.