Gardaí procedures at scene of accident

Donagh · July 29, 2009, 11:24:05 AM

Was wondering if anyone could help me with this as I find it all a bit strange, but could be just different way peelers handle these things in each jurisdiction.

The brother-in-law was going down a road the other day with a trailer and work gear in tow and spotted a boy coming towards him driving a bit erratically and at speed. Yer man didn't seem to be making an attempt to slow down, so our fella slows down to a near stop and pulls in towards the verge a bit. Yer man side swipes him and manages to stop 25 yards down the road and our fella is forced off the road and into a ditch with a broken axle (not impressed as it's a 4x4 he uses for work spent a good few pound getting her fixed the other week) but no personal injuries to him.

Anyway yer man gets out eventually and denies all responsibility and our fella rings for the long necks. Three of them arrive a little later and don't actually do anything. Our fella explains what happened and they say he'll have to work it out with the other fella. Our boy asks them to do breathalyser tests and they say "no, we don't do them". He asks them to check yer mans mobile phone to see if he had been making calls at the time, and they said "no, we can't do that". Before they drive off he asks them are they not going to take any photos and they say "no, we don't do that". He asks them if they will measure the skid marks on the road and they say "no, we don't have a tape measure". "Well I've one here", our boy says and they begrudgingly get out of their motor and measure them - yer mans at over 25 yards and our boys at at a couple.

Now I know, peelers on both side of the border are now trying to avoid getting involved when there is no injury, but I know in the north, the first thing they will do is breathalyse both parties, get the tape measure out and take pictures, if they are called to the scene of an accident. What's the story in Mexico?

Zapatista · July 29, 2009, 11:47:39 AM

Did it happen in Donegal? There are no rules in Donegal.

Donagh · July 29, 2009, 11:48:16 AM

Nah, Wexford.

muppet · July 29, 2009, 12:21:18 PM

QuoteAnyway yer man gets out eventually and denies all responsibility and our fella rings for the long necks. Three of them arrive a little later

What are long necks? Why didn't he ring the Gárdaí?

bingobus · July 29, 2009, 12:27:59 PM

Was there road markings on the road?

Not sure if its an urban myth or fact but I remember hearing that if a road had no markings it wasn't possible to prove blame on a driver. This may have been for insurance reasons or by law.

In general if its not black and white the garda won't give a f**k. Some of them are stone useless and go out of there way to avoid work.

By the way my BIL is one of them, a garda that is.

Bud Wiser · July 29, 2009, 12:50:58 PM

You ring the Garda Station nearest and you ask for the "Sergent In Charge" when you get him and he asks what do you want, tell him what you want is for him to arrange a meeting with the Superintendent regarding a complaint. The first thing he will say is , is there anything he can help you with and the rest you know because if you supply the hoops they will jump through them for you if you take this route. Ask why the Gardai refused to take a report of dangerous driving for a starter and watch his face drain.

Donagh · July 29, 2009, 01:03:16 PM

Thanks Bud.

Not sure about the road markings but roads are relatively poor in this part of the world (Bridgetown).

Are breath tests not standard at the scene of an accident down there? Up here you'll get one for driving in a bus lane (really).

Bud Wiser · July 29, 2009, 01:11:18 PM

I know the road very very well, pass through it most Wednesdays on my way to Kilmore Quay, I take the right turn after the New Ross roundabout and head up by Johnstown Castle for the few mackeral, missed out today though and next week.

Donagh · July 29, 2009, 01:40:59 PM

Aye that's the road all right. They all live around the Mulrankin area, so I think the accident happened between there and the main road down from the roundabout.

deiseach · July 29, 2009, 01:59:44 PM

Quote from: Bud Wiser on July 29, 2009, 12:50:58 PM
You ring the Garda Station nearest and you ask for the "Sergent In Charge" when you get him and he asks what do you want, tell him what you want is for him to arrange a meeting with the Superintendent regarding a complaint. The first thing he will say is , is there anything he can help you with and the rest you know because if you supply the hoops they will jump through them for you if you take this route. Ask why the Gardai refused to take a report of dangerous driving for a starter and watch his face drain.

Good advice. I wouldn't have thought it would be necessary to take photos or breathalyse anyone - if the guards had decided who was at fault there and then, which if what you are saying is true should be obvious. But they didn't say anything to that effect at the scene which makes me wonder whether they were hoping it would go away, which in turn would make me worried about the nature of their relationship with the other driver . . .

Donagh · July 29, 2009, 02:01:49 PM

Quote from: deiseach on July 29, 2009, 01:59:44 PM
Good advice. I wouldn't have thought it would be necessary to take photos or breathalyse anyone - if the guards had decided who was at fault there and then, which if what you are saying is true should be obvious. But they didn't say anything to that effect at the scene which makes me wonder whether they were hoping it would go away, which in turn would make me worried about the nature of their relationship with the other driver . . .

That occurred to me as well but am not sure how that could be chased up.

Hardy · July 29, 2009, 03:14:21 PM

Quote from: Donagh on July 29, 2009, 01:03:16 PM
Are breath tests not standard at the scene of an accident down there? Up here you'll get one for driving in a bus lane (really).

I remember being surprised about ten years ago to find out that the guards don't do breath tests as standard at the scene of an accident. My nephew's car was hit by a red-light-breaker. Guards arrived, took particulars and when they were heading off the nephew asked "are you not going to breathalyse him?". "We don't do that" was the reply, same as in your case. But he was charged with dangerous driving.

I assume it has to do with the "probable cause" law, as it's known in the US - the guard has to form a "reasonable suspicion" as it is here, that you may have been drinking. Presumably being responsible for an accident is not sufficient cause for reasonable suspicion and I assume the guards are wary that a smart lawyer would get him off the other charge if the guards had been shown to act incorrectly.

I don't think the random breath testing legislation introduced recently would affect this situation either, because "random" testing can only be carried out as authorised by a superintendent at a specific location at a specific time, as I understand it.

I can't see, though, why we can't have specific legislation to require mandatory breath testing at accident scenes.

armaghniac · July 29, 2009, 04:03:51 PM

it seems that mandatory breath testing at accident scenes has been promised but not delivered (along with many other promises)

http://www.parcgroup.ie/drink_driving.html

Gnevin · July 29, 2009, 04:52:04 PM

No doubt not members of the traffic corp. When non corp Garda turn up now they don't want to know.

John C · July 29, 2009, 07:53:27 PM

Quote from: Gnevin on July 29, 2009, 04:52:04 PM
No doubt not members of the traffic corp. When non corp Garda turn up now they don't want to know.

Either that or as stated above the Squad may have know the driver and wanted it to be sorted out among themselves !

Had similar experience years ago in Naas , came across a Traffic Accident recognoised the bike on the road as a Mates, jumped out of the Car see whats the story, Mate stated Car pulled out of side road took him clean off the Motorcycle.
Garda was talking to the Car driver on a first name basis ( Obvious they knew one another ) was a bit concerned about my Friend, luckily wearing all the gear but a bit shook up.....
Guards had taken no details off my mate ref accidend and started to pull the bike out of the way....

When I seen what was going on I went across the road to a Solicitor quick explanation and he was standing overlooking the Scene...

Garda was not in the Slightest bit happy..........

Lucky the Solicitor arrived as the Car driver admitted responsiibility only after a lot of letters from the Insurance Company and the Solicitor present at Scene !!

I would have hoped present day that things would have changed $:-\$