Overtaking on white line question

H

HomerSimpson

Guest
Hi,

I just had a visit from the friendly local garda who said I overtook him on a solid white line while he was off duty in his own private car.

Now, I know a guard is always a guard whether he is on or off duty but I was not recorded overtaking on video and he didn't stop me on the spot, he called to the house a few days later, where do I stand? Can he do that? I know it's my word against his but I don't know if he had any witnesses in the car.

He said I'll probably get a ticket in the post, he didn't even tell me the alleged offence carried penalty points until he was asked. Am I better off just coughing up, accept the points and let him go on his merry way or would I stand a chance in court?


Thanks in advance.
 
How would he have been able to stop you? If I had overtaken a private car and it sped up and came after me, I would assume it was road rage and go even faster.

Did you overtake him on continuous white line? If you did, accept the penalty. If you did not, dispute it.

Brendan
 
I know I wouldn't have stopped but that's not the point, is it not the kind of offence where evidence has to be offered up other than the word of an off duty garda against mine?

I have no idea where it is he said I overtook him, so I can't honestly say if I overtook him on a solid white line or not.

I'm just trying to find out where I stand on this so I know I'm not dealing with a power tripping guard.
 
Sounds a bit off alright - it hardly qualifies as an 'on the spot fine'.

If I was you I'd talk to a solicator.
 
Which is more likely?

a) You overtook him on a solid white line
b) He gets his kicks out of making up allegations and calling into people at random with false allegations?
 
I'm just enquiring about where I stand with regards to evidence & proof? I could have been near a white line area when I overtook him and he just just got ticked off and decided push the case, I'm not saying it's a false allegation as such, he could be just stretching the white line area to cover where I was.

I'm fairly careful where I overtake, I'm sure it wouldn't have been on a solid white line, the last thing I need is penalty points on my license, I pay enough in tax and insurance as it is.
 
Presumably the summons will specify where it happened.

It is also possible that the Garda is doing you a favour. He is just letting you know that your driving is dangerous and that "you will probably get a ticket in the post". I suspect that you won't hear from him again.

Brendan
 
Hi Brendan,

I should have edited my first post, I've been corrected with regards to what he said, aparrently he said "I will" be getting something in the post as opposed to "probably", I was a bit in shock to see a guard on my doorstep so parts of the conversation were a blur I'm afraid, I'm sure I'll be hearing from him again, he took my licence details as well.

I'd still like to know what the position with regards to evidence & proof of the alleged offence is though.

I suppose I'll have to wait and see what, if anything, comes in the door. I've looked up the penalty points info and the offence of crossing a white line is very close to the offence of dangerous driving, I might just have to accept the crossing the line points and cut my losses.
 
Well I would certainly not stop for a non marked car with no lights or siren.

When the garda called to the door, the best advice would be not to speak to them and refuse to comment except to satisfy your obligations under section 107 of the RTA 1961 ie confirm its your car and who was driving at the time. Often they depend on a doorstep confession to secure a conviction in these cases.

Wait and see what happens.
 
When he called I just acknowledged that I was driving the car at the time he said he spotted me and let him have a look at my licence, but I didn't admit to anything though.

I don't know where he said I had supposedly overtaken him, he tried to describe it using placenames but I'm not a local of the area so I wouldn't have a clue.

As you say, all I can do is wait and see what pops in the letter box.
 
Hi bond

I don't think I would go with your approach. In many cases, they are just "having a word" and it's better to be open and acknowledge what you did was wrong, if it was.

Brendan
 
I wouldn't agree, knowing how gardai operate. You are best not to admit anything and if a summons arrives seek legal advice.
 
IN terms of your original question of 'burden of proof', if it goes to court the judge will weigh up what he hears and decide which version he believes (so I wouldn't rate your chances against a garda). You were unlucky that it was a garda who spotted you but any member of the public can report an offence so the lack of evidence/photographic proof doesn't really matter - it's up to what the judge believes. My husband reported a car that nearly creamed him and our kids at a zebra crossing and the guards took it v seriously (turned out to be a nanny driving her employers car!). So bottom line is it's an offence, there was a witness (who happens to be a garda) and if it goes to court a judge will decide whether an offence was committed.
 
From your replies I take it he did not follow you in his own car and try to stop you. Some of the advice you are getting is good and some of it is not. If you are the registered owner of the car you are required to give whats called the "appropriate information" who was driving at the time etc.. taking the "thats all I have to say" stance is good advice in murder and armed robbery cases but in minor road traffic cases its better to "negotiate" with the guard. If this doesnt work and you want to fight your case it will end up before the court. In that scenario as you correctly state it will be your word against his. however, to give your word you will be required to enter the witness box and under oath give evidence that this did not happen or if it did there were no continuous white lines etc..
Best advice is try and sort it before it gets that far remember the penalty points double in court....Good Luck.
 
Thanks for the replies everyone,

orca, that's the reply I was looking for, like I said before I honestly don't know where it was the guard said I overtook him, he was using local placenames and I haven't got a clue where he was talking about, so it would be my word against his.

I wasn't nasty or anything when he called, I just answered what he asked. I've lost all faith in our legal system so I definitely don't want to contest anything in court because I'll surely lose, I'll wait and see what comes in the door.
 
Got advice from a garda after being reported for same on the 1850 number
He told me the best way to handle the accusation was not to remember the incident ,If you cant recall it ever happening how can you be prosecuted.
 
bskinti said:
Got advice from a garda after being reported for same on the 1850 number
He told me the best way to handle the accusation was not to remember the incident ,If you cant recall it ever happening how can you be prosecuted.
Click to expand...

Seriously? 'No your honour, I have no recollection of entering the bank with a gun and robbing lots of money. Therefore, it can't have happened' !!???

Good luck with that!
 
Not trying to be smart here, but surely you would or rather should remember overtaking a car on a white line.
 
I remember plenty of people doing it to me! especially on a narrow country road with bends on it...saw some looney bins doing it just coming up to a bend, two cars one after the other overtook a truck and just as they disappeared around the corner after overtaking , a truck came around the bend on the opposite side...they missed crashing head onto him by seconds...

some people are just mad...they are probably so used to doing it that they don't even notice anymore....thanks in part to the wonderful transport we don't have in this country....people are bound to go demented from spending hours everyday crawling in traffic just to go to work. But still, no point getting killed over it.
 
Does anyone know if the garda is obliged to officially caution you in any way? i.e. recite one of those long-winded paragraphs that they have to know by heart, such as when they ask you to produce your licence?

Did he do this or was this more of a rap-across-the-knuckles chat?
 
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