Wrongfully detained by Garda & Summons Received
- Thread starter CashAdv
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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
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?
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?
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.
PetrolHead
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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......
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.
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...)
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.
Brendan Burgess
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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.
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 .
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.
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 .
Brendan Burgess
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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.
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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