What is the law regarding information for a trial?

[roker]

Correct me if I am wrong. If you go to a court of law, I thought it was normal practice for both parties (defendant and prosecutor) to each have full details of a case.
This is not true with speeding offence's; the Garda will not produce details of the equipment used unless the judge orders them to produce them. We are relying on their trust that they are diligent in keeping the equipment in order. So before the court case/trial, the defendant does not know if he has a valid case, and could stand to lose if the Garda documents are in order, he is also risking double the fine and penalty point for challenging it.
The extra penalty point are not for bad driving but are for challenging a legal prosecution. Is this constitutional?

 

[vandriver]

I believe that they have got around the problem of being penalised by going to court by making the standard penalty the 4 points and the 2 points is a discount for not contesting the charge.

 

[roker]

So it is OK to overrule the normal legal practice for road offences?

 

[onq]

Correct me if I am wrong. If you go to a court of law, I thought it was normal practice for both parties (defendant and prosecutor) to each have full details of a case.

High Court has discovery but I'm not certain that the District Court does.

This is not true with speeding offence's; the Garda will not produce details of the equipment used unless the judge orders them to produce them. We are relying on their trust that they are diligent in keeping the equipment in order. So before the court case/trial, the defendant does not know if he has a valid case, and could stand to lose if the Garda documents are in order, he is also risking double the fine and penalty point for challenging it.

I fail to follow your logic - either he was speeding or he wasn't - defendant should know his own case.

The extra penalty point are not for bad driving but are for challenging a legal prosecution. Is this constitutional?

You could argue that its a deterrent against wasting Garda and Court time, both of which are at a premium.

Alternately, given the serious implications of a high speed accident, you could say that the guy who pays up is getting an unfair discount for merely paying up.

 

[roker]

You miss the point ong, are we speeding? even criminals have the chance to defend themselves, you are taking on trust that their equipment is correct and looked after and accurate, nothing is exact. Your car speedo is lucky to be better 5% accurate (depending on tyre wear), if they quote you doing 6 mph over, statistically their equipment must be 4 x better (1.5mph accurate)

 

[onq]

Roker, I'm simply stating what I have experienced myself and the likely arguments for and against.

I accept all the definitions and accuracy arguments, but there is precedent for these rebuttals in Irish law, so I don't see where you are going with this.

It may be an interesting point of law, but I think the issue may be clarified by or rest on the District Court rules of evidence and here I am out of my depth so I'll leave you to it.