# Wrongfully detained by Garda & Summons Received



## CashAdv (1 Dec 2010)

Hi,

One evening I went for a walk for some fresh air (genuine here as I had/have a lot on my mind in relation to family law and personal issues). 

I stopped on the footpath of an empty street to light a cigarette. A Garda car approached me and two female Garda approached me and asked me my name.
I responded in a polite manner "Why do you ask?" and before I know it I was cuffed and taken to the station. 

I was searched, and it was claimed that I was drunk and disorderly. I was neither drunk nor disorderly in my opinion. (I had been to the pub and had 3 or possibly 4 pints of larger at most - a local taxi can confirm that I was sober as a judge when I was dropped of around 10PM that evening. In fact as I had only intended to go out for a brief drink I had the taxi stop at the local off license just before 10PM and I bought some beers for later that evening when I returned. I left the beer in the taxi as I explained that I would be returning soon and would use the same cab).

It was around 11:30/11:45 ish that evening when I was detained.

I co-operated fully with the Garda, and even while cuffed in the back of the car I explained my situation and gave my full name and address and apologised for any  misunderstanding) 

I was never formally arrested but kept in the cells until around 4:30 am. I was the only person detained in the station that night. I tried to explain my situation and be as reasonable as possible with the "member-in-charge".

I never received my "notification of detention". I was asked some questions if I wanted a solicitor, etc. I replied yes and also yes to have a member of the embassy informed. (I hold British Citizenship as from N.I.) I was told my solicitor was not answering the phone and I requested a duty solicitor. I was told none was available. I was told the British Embassy was unavailable also.

I was not violent, or abusive, in fact quite the opposite. I was informed that I was being held for being intoxicated or drunk in a public place. It was clear that I was not drunk. I requested to have breath, blood, urine sample taken but this was declined.

When put in the cell I was not disorderly but did find a previous person had left a copy of detention notice and rights. I repeatedly knocked the door and requested to speak to the "member in charge". I was never cautioned or fingerprinted, or interviewed (formally), etc. I was searched I tried to ask why but at this stage I just complied. I did not have anything in my possession that I shouldn't have had

Eight times I asked for samples or tests for alcohol intoxication. I repeatedly requested for medical attention as it was mentioned on the sheet I found in the cell that I was entitled to it if requested. I was told none was available. I requested a glass of  water, none was given, nor food, nor anything to wash my hands after using the horrid hole in the floor toilet. 

On numerous occasions I tried to reason with the member in charge and explained that I was clearly not drunk and there was a misunderstanding of some kind. It was no use. I requested documentation to be given to me about the reasons for my detention. Was I under arrest? If so what for?

I did get a bit stubborn at times claimed that I was being held illegally as I had not been arrested, etc. I also handed him my belt which he had forgotten to remove.

I was refused to go out for a cigarette as "member in charge" claimed to be on his own and it wasn't possible. (I could clearly hear others present).

I did not sleep, as the place was filthy and I wanted to be released as there was clearly a mistake.

At 4:30 am ish I was allowed to leave, and I collected my belongings in a brown paper bag. No paperwork was given to me. The two female Garda that cuffed me were just finishing their shift and heading out the door. 

I inquired in a gentle and genuine tone along the lines of "what was all that about? It was clear that I wasn't drunk. I'm sorry if I came across as being cheeky, but I didn't refuse to give my name. I wasn't causing any trouble, why did they detain me?" 

I stated that it was over the top to hold me like that, and that I'm good humoured and would have accepted a "slap on the wrists" for questioning authority, (by asking the reason they wanted my details)  etc.  but felt that was over the top and would to take it further.

In my opinion it was clear they knew they had wrongfully detained me and not followed procedure properly. I tried to make sense of things and tried to understand their reasons for doing what they did. 

I jokingly suggested they overlook my next speeding ticket, etc (I now realise this wasn't exactly a smart idea but at the time I was trying to diffuse any tensions, etc).

I left the station at the same time as the two Garda and asked them did they not have any paperwork prepared? There was none. I spoke with them on the way out and said "you know that was way out of order and I could take things further but would rather forget it, and I asked what was the problem?" 

They told me to "F***K OFF" as they sped off from the station. I asked for their details and they repeated the F Off remark.

I couldn't believe what I heard. I always had utmost respect for Garda or any police force, etc. I was gobsmacked as I sat outside the station and after hearing those comments I returned and spoke politely to the new chap behind the counter, and tried to get a reason for my detention. "I've only started my shift, I know nothing about anything" was his response. 

Even when I asked for the details of the Garda that detained me. Still gobsmacked I enquired further and demanded to have a "charge sheet" or similar. I was given a standard notice of detention, same as I found in the cell and after I insisted the Garda wrote on the top "arrested for_____")

I was "directed" off the premises so complied immediately.

Anyway I never took matters any further but had thought of contacting the garda ombudsman. But low an behold nearly 2 months later I got a summons or 3 through the post. I couldn't believe it.

All public order, etc

1 was withholding name
1 was intoxicated in public
other was intoxicated and being a danger to self or others.


Clearly not guilty except possibly not instantly giving my name.
What should I do about this.
Complain, fight it (judge is bound to believe Garda).


I have lost much respect for the Garda as a result, but I realise my experience doesn't reflect the complete force..


Question is what do I do about the summons??


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## Bronte (1 Dec 2010)

Something in your post puzzles me.  Did you leave home in a taxi at 10 pm and go to an off licence for the beer en route to the pub?  And did you leave the beer in the taxi while you were at the pub for 3 or 4 pints?


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## CashAdv (1 Dec 2010)

Bronte said:


> Something in your post puzzles me.  Did you leave home in a taxi at 10 pm and go to an off licence for the beer en route to the pub?  And did you leave the beer in the taxi while you were at the pub for 3 or 4 pints?




Yeah that's right, maybe a bit odd but car is off the road and was too lazy to walk down, also was near 10 o'clock so grabbed taxi.
I know the driver.

​


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## CashAdv (1 Dec 2010)

amh said:


> +1. Not right and these are 'front line public servants'. I'm one of the frontliners but these girls are the type of people who need to be let go and quickly. There is no place for that type of behaviour although I'd say there are a few that could be guilty of it.




I know, but what should I do? Am I guilty of not giving my name right away?


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## gianni (1 Dec 2010)

There are 2 sides to every story.. 

Just to play devils advocate:



CashAdv said:


> A Garda car approached me and two female Garda approached me and asked me my name.
> I responded in a polite manner "Why do you ask?" and before I know it I was cuffed and taken to the station.



You didn't give your name.




CashAdv said:


> I was searched, and it was claimed that I was drunk and disorderly. I was neither drunk nor disorderly in my opinion. (I had been to the pub and had 3 or possibly 4 pints of larger at most - a local taxi can confirm that I was sober as a judge when I was dropped of around 10PM that evening. In fact as I had only intended to go out for a brief drink I had the taxi stop at the local off license just before 10PM and I bought some beers for later that evening when I returned. I left the beer in the taxi as I explained that I would be returning soon and would use the same cab).



You're not sure how much you had to drink.




CashAdv said:


> ...and even while cuffed in the back of the car I explained my situation and gave my full name and address and apologiaed for any  misunderstanding)


 
You only gave your name when cuffed in the back of a car.



CashAdv said:


> I repeatedly requested for medical attention as it was mentioned on the sheet I found in the cell that I was entitled to it if requested. I was told none was available.



You vexatiously asked for medical attention.



CashAdv said:


> I did get a bit stubborn at times claimed that I was being held illegally as I had not been arrested



You became beligerent.




CashAdv said:


> I was refused to go out for a cigarette as "member in charge" claimed to be on his own and it wasn't possible. (I could clearly hear others present).



You were making unreasonable requests.



CashAdv said:


> I stated that it was over the top to hold me like that, and that I'm good humored and would have accepted a "slap on the wrists" for questioning authority, (by asking the reason they wanted my details)  etc.  but felt that was over the top and would to take it further.



You were still being beligerent.




CashAdv said:


> I jokingly suggested they overlook my next speeding ticket, etc (I now realise this wasn't exactly a smart idea but at the time I was trying to diffuse any tensions, etc).



You were still being beligerent.



CashAdv said:


> They told me to "F***K OFF" as they sped off from the station. I asked for their details and they repeated the F Off remark.



Outrageous behaviour here. Report it to GSOC. 



CashAdv said:


> Anyway I never took matters any further but had thought of contacting the garda ombudsman.



You never made any complaints about your treatment after the fact.

I'm not necessarily saying I agree with all the opposing view but it is important to consider that there is an opposing view. If you take things further these are more than likely the questions you will have to answer.


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## Bronte (1 Dec 2010)

CashAdv said:


> Yeah that's right, maybe a bit odd but car is off the road and was too lazy to walk down, also was near 10 o'clock so grabbed taxi.
> I know the driver.
> 
> ​


 
If you don't mind I'd like to continue the questioning, hey pretend I'm a judge. 
What do you mean by your car is off the road?  Is it correct to say the pub is within walking distance but you got a taxi who was passing by and you happened to know that particular taxi driver who droped you first to the off licence and then the pub?  

Another question in relation to the arrest.  You went to the pub at 10 and then you left the pub at 11.30/11.45 to go for a walk, for some fresh air and to smoke a cigarette?  How were you going to get the same taxi driver home?


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## Brendan Burgess (1 Dec 2010)

Let's look at it from the judge's point of view: 



> I responded in a polite manner "Why do you ask?"
> 
> (I had been to the pub and had 3 or possibly 4 pints of  larger at most - a local taxi can confirm that I was sober as a judge  when I was dropped of around 10PM that evening.
> 
> ...



You had four pints but were as sober as a judge! (Not a line you should use when arguing your case)
They asked you your name and you asked why.

You made the first mistake.
You should simply have given your name when asked. 
They may have overreacted , but your attitude after that compounded their belief that you were drunk. 

Get a solicitor's advice, but I would imagine that you will be advised to apologise to the gardai and the court for wasting their time.


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## CashAdv (1 Dec 2010)

Yes Judge,

My car is parked in my driveway and I not in use when the incident occurred. I notified the motor tax office and they can confirm this.

Yes Judge it would be approx 15 mins walk to the pub. And yes, he took me to the off license first and dropped me on the main street outside the pub.

Well Judge (I'm not sure it was an actual arrest) I did leave the public house for a short walk to take in some air and smoke a cigarette. I knew said taxi driver would be on that evening because I had asked him on the way down less than 2 hrs before leaving the pub. He had my beer in his boot, so you can be damn sure I'd get him. (number in mobile)

Any further questions?
Sorry judge, perhaps I didn't explain myself properly. I did not get a "passing taxi". I called one from my phone to collect me from the house. (taxi driver can verify)

Yes I know the taxi driver, he is the owner of the company.


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## Bronte (1 Dec 2010)

CashAdv, why do you, yourself think the guards arrested you?


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## CashAdv (1 Dec 2010)

gianni said:


> There are 2 sides to every story..
> 
> Just to play devils advocate:


 
OK, I'll try to answer honestly



gianni said:


> You didn't give your name.


 
Not immediately NO I ADMIT THIS, I asked the question why I was being asked. IMO I was polite and not being an obnoxious gobsh1te, etc. But at the first opportunity (while being chucked into the back of the car, really it happened very quickly) I repeatedly gave all my details and I apologized with large slices of humble pie on offer.



gianni said:


> You're not sure how much you had to drink.



(Is this a legal requirement? just kidding)

I had approx 3 or 4 pints,  wasn't counting. Say it was four!

 (1 hr: 45 mins say 26 1/2 mins per pint? sounds about right for a leisurely unwind, I wasn't on a session, etc. Plus I had no water in the cell and I only ****ed once so it might have been 3 pints.....)



gianni said:


> You only gave your name when cuffed in the back of a car.



Correct, as I stated after I asked the question why, I was in the back of the car in the blink of an eye.



gianni said:


> You vexatiously asked for medical attention.


I believe I was entitled to it and wanted to prove that I was not intoxicated.
A doctor could have taken blood alcohol readings and/or given a professional opinion.



gianni said:


> You became beligerent.



I believed I had a right to ask why I was being detained. I asked in an assertive manner, not an aggressive one.



gianni said:


> You were making unreasonable requests.


I asked for a cigarette break - agreed

Water and food are human rights surely? Particularly a glass of water I requested on a number of occasions.



gianni said:


> You were still being beligerent.


I merely wanted to determine what the problem was and was prepare to let it go if it was a genuine mistake. Or if it was a "teach this guy a lesson" I would have still let it go because<without prejudice> I have been in a drunken state on more than once and staggering home with no problem from Garda so I would have taken it on the chin I suppose.





gianni said:


> You were still being beligerent.


No I was being an idiot, I could have been done for trying to bribe a garda?



gianni said:


> Outrageous behaviour here. Report it to GSOC.


Agreed, I was appalled what is GSOC.   This really shocked me to the core, to have two Garda telling me to F* Off. Yes it was upsetting and disappointing.



gianni said:


> You never made any complaints about your treatment after the fact.



Correct, I decided to let it go. I was probably guilty of not giving my name right away. And perhaps there were other occasions when I was guilty of being intoxicated in a public place.
As I mention I had other things on my mind, including a family law case and could do without any other "legals" going on. It was my opinion that I would not hear from the Garda and I didn't wish to rock the boat by making a complaint against them with no witnesses. Chalked it up to bad luck.



gianni said:


> I'm not necessarily saying I agree with all the opposing view but it is important to consider that there is an opposing view. If you take things further these are more than likely the questions you will have to answer.



What is your opinion after I have answered your questions?


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## Complainer (1 Dec 2010)

The taxi story sounds strange to me - I can't imagine leaving any possessions in a taxi. Maybe things are different in small-town Ireland.

You would be in a much stronger position if you had complained to the Garda Ombudsman straight away. If you decide to make a complaint now, it will be seen as being in response to the charges.


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## CashAdv (1 Dec 2010)

Bronte said:


> CashAdv, why do you, yourself think the guards arrested you?




Well I don't know if  was "arrested" but town was quiet, empty street.
Single guy on his own late at night on the side of the road.

"he must be up to no good or drunk?? and sure it's a quiet nite??" 

Perhaps my daring to question their reasons was enough to cause them upset

( I honestly thought I was allowed to ask this, but I believe this is not the case. However ignorance is no defence.

About the only night I was that sober :-(
)


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## CashAdv (1 Dec 2010)

Complainer said:


> The taxi story sounds strange to me - I can't imagine leaving any possessions in a taxi. Maybe things are different in small-town Ireland.
> 
> You would be in a much stronger position if you had complained to the Garda Ombudsman straight away. If you decide to make a complaint now, it will be seen as being in response to the charges.




A localish town, I know the taxi driver well. I got my beer the next day from him.

Not sure what to do now,I know should I have complained at the time but was prepared to let it go.
Worst thing is I have family law case and could well do without this. I have never had anything like a summons, etc. 1 speeding ticket and 2 parking tickets total....


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## Boyd (1 Dec 2010)

CashAdv said:


> Perhaps my daring to question their reasons was enough to cause them upset
> 
> I honestly thought I was allowed to ask this, but I believe this is not the case. However ignorance is no defence.
> )



It wasnt the greatest idea!

[broken link removed]


*2. Request for name & address*
  If a Garda believes that you have committed an offence under the  Public Order Act, he or she can ask for your name and address. If you  refuse to give your name and address or give one that the Garda thinks  is false or misleading, the Garda can arrest you without a warrant. The  failure to give your name and address or to give a false or misleading  one is an offence in itself.


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## JoeB (1 Dec 2010)

Hi

Sounds disgaceful.

You shouldn't have been arrested for asking one clarifying question before being arrested. Certain questions would be allowable I'm sure, such as asking to be addessed in Irish, or perhaps to see ID off a non-uniformed Garda. Your question sounds fair enough too, and it may be the case that the Garda have to inform you that not giving your name is an offence before they ask the question again and only then can they arrest you for not giving the name.


What were you arrested for? It said 'arrested for ____'.. is that blank? If so I'd be taking that further.

No doctor provided... possibly disgaceful. If the system is that doctors are available upon request then your rights were trampled upon. The guards should not be making medical judgements about the presence or severity of medical problems. If the system is that all requests for doctors must be complied with then that's the system... and the Guards ignored it.


Embassy unavailable... not credible. I'd ask the Guards to explain what efforts were made to contact the Embassy. (It depends.. if unavailable means not contactable then that's not believable.. if it means 'no person to come over' then that's not too bad)

No water is a small problem, no food isn't a problem unless significant time passed. You  may be allowed smoke in the cells but perhaps not, or  maybe the smokes were confisicated from you... can't really complain about that. No showers or hand washing isn't a problem unless you want to take a case to Europe about this,... but with the mediavel conditions in Mountjoy you don't have any hope of redress in Ireland.


Now that you've been charged I'd immediately contact the station chief and talk it though with him.


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## z107 (1 Dec 2010)

Well a good rule of thumb is to always remember that the guards are your enemy. They are 'working' for the state.

I would always believe the word of anyone else over that of a guard, and hope that you do fight this. Unfortunately, the odds are against you in Ireland.

This might also be of use:
http://www.citizensinformation.ie/en/justice/arrests/

Print out relevant sections and keep them with you at all times.


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## Complainer (1 Dec 2010)

username123 said:


> It wasnt the greatest idea!
> 
> [broken link removed]
> 
> ...


In fairness, he didn't refuse to give his name and address. Asking for a reason does not equal refusal.


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## Brendan Burgess (1 Dec 2010)

> I believe I was entitled to it and wanted to prove that I was not intoxicated.



You are indeed lucky that they did not call a doctor. If you had 4 pints, this would have shown that you were intoxicated. 

Asking to see someone from the embassy when you are from Northern Ireland would be construed by any decent judge as being difficult and wasting police time. 

If you were being arrested for murder, that would be different. 

Brendan


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## Boyd (1 Dec 2010)

Complainer said:


> In fairness, he didn't refuse to give his name and address. Asking for a reason does not equal refusal.



I agree but certain varieties of Gardai wont make this distinction....


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## z107 (1 Dec 2010)

> Asking to see someone from the embassy when you are from Northern Ireland would be construed by any decent judge as being difficult and wasting police time.
> 
> If you were being arrested for murder, that would be different.


If I was being detained for no apparent reason by a hostile police force, I too would want to see someone from my country's embassy.
The description of what happened sounds like a gross abuse of police powers.


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## Time (1 Dec 2010)

If the OP has a UK passport he is entitled to see consular staff from his embassy.


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## Bronte (1 Dec 2010)

CashAdv said:


> Well I don't know if was "arrested" but town was quiet, empty street.
> Single guy on his own late at night on the side of the road.
> 
> "he must be up to no good or drunk?? and sure it's a quiet nite??"
> ...


 
That's not answering the question why do you think you were taken into custody.  

Did you take anything other than alcohol, such as prescription medication that may have had you behaving in an odd fashion.


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## CashAdv (1 Dec 2010)

Bronte said:


> That's not answering the question why do you think you were taken into custody.
> 
> Did you take anything other than alcohol, such as prescription medication that may have had you behaving in an odd fashion.




Sorry Bronte, I have no idea why. Wrong place at the wrong time I guess. No medication of any kind!

OK folks, I know I've been wronged here, and I'll fess up to my errors. What is the most constructive approach to resolve amicably?

Thanks


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## Mpsox (1 Dec 2010)

If Gardai believe you have committed an offence under the Public Order Act and ask you for your name and address and you refuse to give it, they are entitled to arrest you. You've admitted to having a few drinks, you were beligerent in the station (rightly or wrongly is irrelavant) and I'm not sure how a judge would respond if the Gardai say they felt you were drunk or gave another reason for stopping you in the first place.

It does sound as if the Gardai were OTT originally, but for example, do you know if any issue had happened in the pub beforehand that might have been reported (mightn't have anything to do with you) or could someone have thought you were loitering?


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## CashAdv (1 Dec 2010)

I dread to imagine if this happened in NI with an Irish citizen (ROI that is or even NI for that matter.) Internment springs to mind..


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## bullworth (1 Dec 2010)

Brendan Burgess said:


> You are indeed lucky that they did not call a doctor. If you had 4 pints, this would have shown that you were intoxicated.



Since when is having 4 pints an offence ? People are completely out of their minds in Temple Bar, Harcourt Street, Lesson  Street, Camden Street etc and never get arrested. He wasnt drunk driving. He was walking after a few pints. He was able to walk. If thats the point at which you can become arrested then no bar or club would be able to stay in business. If theres one point I can make to the OP its that humor has no place in the law. Every contact with the police is a serious one.


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## PetrolHead (1 Dec 2010)

CashAdv said:


> OK folks, I know I've been wronged here, and I'll fess up to my errors. What is the most constructive approach to resolve amicably?




Find a good local solicitor that is experienced in front of the local Magistrate. Appear contrite and apologetic etc etc and hopefully you'll just get a stiff talking to and be told to make a donation to the poor box....

...of course, you could always offer to go mountaineering......


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## runner (1 Dec 2010)

This does appear over the top if its as outlined.
To ask a polite question .  Were you 'known to the Gardai' to use a common term, or have you any previous convictions here or abroad?
If answer is no, then Im sorry to mention it. If yes, it could be a connected issue.


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## redbhoy (1 Dec 2010)

Can you sue the GardaÍ?


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## Time (1 Dec 2010)

Yes. You sue the commissioner.


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## demoivre (1 Dec 2010)

CashAdv said:


> Hi,
> 
> One evening I went for a walk for some fresh air (genuine here as I had/have a lot on my mind in relation to family law and personal issues). I stopped on the footpath of an empty street to light a cigarette. A Garda car approached me and two female Garda approached me and asked me my name.
> I responded in a polite manner "Why do you ask?" and before I know it I was cuffed and taken to the station. I was searched, and it was claimed that I was drunk and disorderly.



If they didn't tell you why you were being arrested then it seems to me that your arrest was unlawful.


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## CashAdv (1 Dec 2010)

runner said:


> This does appear over the top if its as outlined.
> To ask a polite question .  Were you 'known to the Gardai' to use a common term, or have you any previous convictions here or abroad?
> If answer is no, then Im sorry to mention it. If yes, it could be a connected issue.



Not know to Garda, never been arrested before, etc. (Had some false complaints of "harassment" (handing a letter requesting access to our son) from the recent ex. (long story, and just don't believe the timing of things...)

No record, not a terrorist, or wanted by interpol, etc. (speeding and parking fines aside...)


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## Slaphead (1 Dec 2010)

three sides to every story, my tuppence worth


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## CashAdv (1 Dec 2010)

best legal or proper approach anyone?


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## Purple (1 Dec 2010)

As someone who has never been in trouble with the police the few times I have had contact with them or seen them inaction I have formed a very low opinion of them. I would say the OP has no chance of getting satisfaction here, even though the two arresting officers did just about everything wrong. They will close ranks and lie through their teeth in court and even if the Judge doesn’t believe a word they say he/she won’t want to rub them the wrong way. As with so many other cases like this they will get away with it and continue to act with impunity.


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## Brendan Burgess (1 Dec 2010)

Bullworth:


> Since when is having 4 pints an offence ?


Hi Bullworth

I was not saying that having 4 pints is an offence. He claimed that he was not drunk and wanted to get a doctor to prove it.



CashAdv said:


> I was neither drunk nor disorderly in my opinion.



Having 4 pints is much more indicative of drunkeness than sobriety.  If the Gardai had called the doctor, the level of alcohol in the system would support the Gardai's case not Cash Adv's .


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## Brendan Burgess (1 Dec 2010)

umop3p!sdn said:


> Well a good rule of thumb is to always remember that the guards are your enemy. They are 'working' for the state.
> 
> .



Hi upsidedown - couldn't agree more ...

assuming you are a criminal or someone who believes that the rules of the road are for everyone else but not for you.


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## CashAdv (1 Dec 2010)

Brendan Burgess said:


> Bullworth:
> Hi Bullworth
> 
> I was not saying that having 4 pints is an offence. He claimed that he was not drunk and wanted to get a doctor to prove it.
> ...




4 pints over 2 hrs and a brief walk doesn't = breaking the law or being disorder or deserving locking up?? Or am I legally naive??

Any "legal pros" on here care to advise?


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## SparkRite (1 Dec 2010)

CashAdv said:


> 4 pints over 2 hrs and a brief walk doesn't = breaking the law or being disorder or deserving locking up?? Or am I legally naive??
> 
> Any "legal pros" on here care to advise?



Not a legal PRO, and while I understand your frustration, I would suggest that you may be on a "loser"

As posted earlier "ranks will be closed" and statements will "appear" from nowhere my advice would be (guiling as it is) to put your case forward, in court, (as you have been summonsed) but do not expect justice. Honest members of the gardai are few and far between!!

Walk away and put it behind you.

I fought a case, (district court) cost me thousands and many many sleepless nights. I was proven right but at what price??  Lost sleep and a big bill....not worth it.

Life is too short to allow the likes of what you came cross to impact on your  life in general!!


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## CashAdv (1 Dec 2010)

How about writing a nice letter to the Garda, apologising  for not giving my name, etc?

Or get the thing stuck out some how?


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## Time (1 Dec 2010)

Talk to a solicitor.


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## PaddyBloggit (1 Dec 2010)

Best advice .... talk to a solicitor  ....

and  ... follow their advice.

(Jinx .... with Time!)


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## redbhoy (2 Dec 2010)

Id go to the Ombudsmans for a start if I was you. Those 'independent' people there will look after you.


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## Jane Doe (2 Dec 2010)

CashAdv said:


> I know, but what should I do? Am I guilty of not giving my name right away?


i don't think you are ob liged to give your name. go to the ombudman/get a good lawyer and get these scum bullies prosecuted for kidnapping. if you are not arrested you do not have to stay in the station. if you are you should be told why. [broken link removed]
it says you should give your name but my understanding is you do not have to unless you are given a reason


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## Jane Doe (2 Dec 2010)

CashAdv said:


> *How about writing a nice letter to the Garda, apologising  for not giving my name, e*tc?
> 
> Or get the thing stuck out some how?


and admit you were wrong why would yopu apologise to bullies. i would write the commissioner too if i were you.


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## Jane Doe (2 Dec 2010)

Brendan Burgess said:


> You should simply have given your name when asked.
> .


why?


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## Jane Doe (2 Dec 2010)

username123 said:


> It wasnt the greatest idea!
> 
> [broken link removed]
> 
> ...


don't they also have to tell why and what the offence is they ask for your name and address.the iccl is not completely right there they are taking the garda side


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## Slash (2 Dec 2010)

Jane Doe said:


> why?



Why not? Just answer a simple question. Assume the Gardai have a good reason to ask the question.



> Honest members of the gardai are few and far between!!



I disagree strongly with that statement. Most Gardai, like most people generally, are honest and hard working.


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## Bronte (2 Dec 2010)

Can you prove that you only had 4 pints. The barman and the taxi driver would be needed for this. I think a complaint of false arrest would do it. You can make life unconfortable for the gardai. But the downside of that is that they will be after you forever. Is that worth it?

I would just like to make one comment on your first post, I thought your story was over the top originally and that you were actually drunk. If you were not than what happened to you is really out of order. Gardai getting their kicks, they do like the power they have. If you're brave enough to stand up to that then fair play to you. 

Having 4 pints is not going to be seen as being drunk. I was in the High Court once and the judge (a well known drinker) took umbridge at the opposing barrister when he outlined the amount of drink the plaintiff had taken (all day drinking) so you never know with judges. 

Having said that, judges are on the sides of the gardai in general, recent case in Donegal where judge made comments to the contrary being a rare exception. 

It's a terrible thing to say of the law that in a case where you are in the right and those who profess to be uphholders of the law abuse that position, then the law is of no use to one. But that would apply to lots of Irish society.


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## TLC (2 Dec 2010)

What was the big problem about giving your name - most gardai would ask someones name if they were suspicious of someone, you mightn't have thought you looked suspicious but the gardai involved obviously did.


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## Bronte (2 Dec 2010)

Gardai are only allowed to ask you for your name and address if they believe you have done something wrong, so OP did not have to give his name and address. That is his right not to do so.  Looking suspecious is not the same thing as a Gardai believing that someone has commited an offence.


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## TLC (2 Dec 2010)

So gardai have to believe that someone has committed an offence - he was  hanging around on his own late at night - should they have just ignored  him?  They would probably be wrong to ignore that behaviour too - so  they can't win in other words. We're all complaining about not enough gardai on the streets & when they are we complain again - get real


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## redbhoy (2 Dec 2010)

TLC said:


> So gardai have to believe that someone has committed an offence - he was hanging around on his own late at night - should they have just ignored him? They would probably be wrong to ignore that behaviour too - so they can't win in other words. We're all complaining about not enough gardai on the streets & when they are we complain again - get real


 

Are you not allowed hang around on your own at night? Most Gardaí are a joke. Purely in it for monetary gain. They know exactly who the culprits who commit most of the crimes are but they'll go after the easy targets along with speeding offences etc. 
Please remember they are supposed to be guardians of the peace! And NOT Policy Enforcement Officers!
OP may have been smart with the Gardaí but so what? The Gardaí are a law unto themselves and frequently break their own laws!

As for courts: I heard a great one the other day! When you go into court you dont get Justice, You get Law!


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## Bronte (2 Dec 2010)

TLC said:


> So gardai have to believe that someone has committed an offence - he was hanging around on his own late at night - should they have just ignored him?


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## Complainer (2 Dec 2010)

redbhoy said:


> Why is it that not many Gardaí live in the areas they work in? Is it because they love the commute?


Or is it because they regularly get shift around to different stations, and they don't want to disrupt their families with every move?


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## redbhoy (2 Dec 2010)

Complainer said:


> Or is it because they regularly get shift around to different stations, and they don't want to disrupt their families with every move?


 
That indeed may be the case with some but in the majority I doubt that is the case.


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## z107 (2 Dec 2010)

> I disagree strongly with that statement. Most Gardai, like most people generally, are honest and hard working.


You can not compare gardai to 'honest and hard working' people. They are not representative of society because of the very fact that they are guards.

Gardai are not a representative sample because people who become guards have certain personality traits.


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## Brendan Burgess (2 Dec 2010)

As this issue has been dealt with, I am closing the thread.

Please note that if someone abuses you in a post, report it. 

Do not respond in kind. 

Brendan


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