Can Gardaí just search any vehicle for no reason?

[Guest106]

In terms of clarity on this topic, McCrack (post 8) is about as good as it gets.
That's it pure & simple.

 

[ontheup]

Just wondering,What would have happened if the driver said no to search
would the garda tell him ok then and send him on his way,#
my guess is no.
so how voluntary is this consent!

 

[bond-007]

Unless the Garda had a statutory power to invoke he would have no choice but to let him go.

 

[jhegarty]

Unless the Garda had a statutory power to invoke he would have no choice but to let him go.

could he have detained the car as he had no proof the driver had a license or was insured to drive the car ?

 

[shipibo]

If he had no license while driving then he could get http://www.penaltypoints.ie/licence_offences.php (2 or 5 penalty points). Perhaps the Gardaí are letting him off lightly by just requiring him to present the license and other details at the station within some period of time?

You misunderstand. " Driving without driving license" means no provo/ full license, not carrying it in car.

 

[shipibo]

If he doesn't then maybe he should be thankful that they went easy on him rather than complaining about them carrying out a search to which he voluntarily acceded?

He has every right to complain if he feels they treated him like a criminal, of course they have the right to pursue the jobs in an efficent manner, but courtesy and politeness does not cost a penny.

 

[ClubMan]

He has every right to complain if he feels they treated him like a criminal

The driver in question was committing an offence by not carrying a license while driving.

 

[bond-007]

But was he prosecuted and/or convicted of any offence? Innocent until proven guilty and all that nice stuff enshrined in Bunreacht na hÉireann.

 

[ClubMan]

But was he prosecuted and/or convicted of any offence? Innocent until proven guilty and all that nice stuff enshrined in Bunreacht na hÉireann.

Not carrying a license is an offence simple as. I sounds like they did not penalise him for this though. Nobody said or implied that he was guilty of anything else as far as I can see.

 

[shipibo]

The driver in question was committing an offence by not carrying a license while driving.

It happens, no big deal.

You get asked to produce at nearest station.

 

[shipibo]

Not carrying a license is an offence simple as. I sounds like they did not penalise him for this though. Nobody said or implied that he was guilty of anything else as far as I can see.

What penalty could they impose ???

 

[bond-007]

None, they would have to issue a summons to court and a judge would decide guilt and what penalty should apply.

 

[ClubMan]

What penalty could they impose ???

See my earlier post.

It happens, no big deal.

You get asked to produce at nearest station.

Why are there penalty points for it if it's no big deal?

 

[jhegarty]

It happens, no big deal.

You get asked to produce at nearest station.

that all fine if you can prove who you are ... if not you could give the name mickey mouse and drive off...

 

[Peeete]

See my earlier post.


Why are there penalty points for it if it's no big deal?

There are NO penalty points for not carrying a driving license on your person while driving a car.

What you pointed out early Clubman (as already mentioned by one other poster in this thread) refers to not having a current valid license for a car at all.

See penalty point offences: http://www.penaltypoints.ie/the_full_list_of_offences.php

Quote: Crumdub 12 "You misunderstand. " Driving without driving license" means no provo/ full license, not carrying it in car."

 

[ClubMan]

There are NO penalty points for not carrying a driving license on your person while driving a car.

What you pointed out early Clubman (as already mentioned by one other poster in this thread) refers to not having a current valid license for a car at all.

See penalty point offences: http://www.penaltypoints.ie/the_full_list_of_offences.php

Quote: Crumdub 12 "You misunderstand. " Driving without driving license" means no provo/ full license, not carrying it in car."

Ah - OK. I did misunderstand that offence so.

 

[Voyager]

There are NO penalty points for not carrying a driving license on your person while driving a car.

Can I ask a question? There are 1 or 3 points for failure to produce a licence. Does this apply to when you are stopped by guard at the side of the road or do you get an opportunity to produce later.

Sorry if off topic. I'm just not clear about it.

 

[Peeete]

Can I ask a question? There are 1 or 3 points for failure to produce a licence. Does this apply to when you are stopped by guard at the side of the road or do you get an opportunity to produce later.

Sorry if off topic. I'm just not clear about it.

There is a lot of confusion as to what penalty points are enacted and what ones are not (even Clubman ). For instance the one mentioned in this thread is present in law but has not been rolled out yet. Therefore it is an offence but not a penalty point offence as of yet.

The road traffic act of 2002 states all penalty point offences. See the following page from the Irish Statute Book: http://www.irishstatutebook.ie/2002/en/act/pub/0012/sched1.html.

However not all of these penalty points have been rolled out, including the one mentioned above. See the following parliamentry debate record for ones not included: [broken link removed]

For a full list of current penalty point offences see: http://www.penaltypoints.ie/the_full_list_of_offences.php

 

[bond-007]

It should also be made clear that even for some of the penalty point offences that are active only a judge can give the points in court after a hearing and not the Gardaí at the side of the road.