False complaint made about my driving, call from Garda

[shesells]

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]

Forget about it.

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

 

[serotoninsid]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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

 

[Kimmagegirl]

.

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]

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]

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]

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

... 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?

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

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

...
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]

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]

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.