Stopped by garda last night.

jamesr123 · 21-06-2013 8:27pm #1

I was stopped last night, just seemed to be a random stop/search but during the search they seemed to be copying my details name, address and DOB to his little notebook. Why is he copying down my personal information? I asked but he refused to answer me? I'm a bit pissed off at his response, Surely i'm entitled to know what he's doing with my details?

the world wonders · 21-06-2013 8:40pm

http://www.iccl.ie/know-your-rights-criminal-justice-and-garda-powers.html

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.

If a Garda has a reasonable suspicion that you have committed an offence, he or she has various powers that allow him or her to search you without your consent and before you have actually been arrested.
For example if:
• a Garda reasonably suspects that you are in possession of a controlled drug;
• a Garda reasonably suspects that you have committed an offence under the Offences Against the State Acts;
• a Garda reasonably suspects that you are in possession of stolen property;
• you are in a place where other people have gathered and a Garda suspects that a breach of the peace could occur and suspects that some of the people gathered could be in possession of a knife;
• you are in a place that has been designated a restricted area by a Superintendent under the Public Order Act and a Garda suspects that you have alcohol, a disposable container (such as a crate or a bottle) or an article that could be used to injure someone.
These are common examples of the powers of search of the Gardaí. A Garda can also lawfully search you in other situations.

Should a Garda tell me why I am being searched?
The Garda should tell you why you are being searched and under what law.

If the guard did not have grounds for a reasonable suspicion that you were committing an offense (i.e. they were just hassling you randomly) then you can make a complaint to the Garda Ombudsman about them

jamesr123 · 21-06-2013 9:00pm

sorry, Just to be clear I was driving the car not walking or anything like that. Made me laugh he takes my information then doesnt tell me what he's doing with MY information

Fred Swanson · 21-06-2013 10:45pm

This post has been deleted.

coylemj · 21-06-2013 11:01pm

There is a power of arrest for dangerous (s.53) or drunken (s.49) driving but outside of those, this is the general power of arrest under the RTA....

107.—(1) Where a member of the Garda Síochána alleges to a person using a mechanically propelled vehicle that the member suspects that such person has committed a specified offence under this Act, the member may demand of such person his name and address and may, if such person refuses or fails to give his name and address or gives a name or address which the member has reasonable grounds for believing to be false or misleading, arrest such person without warrant.

http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0107.html#sec107

jamesr123 · 21-06-2013 11:19pm

coylemj wrote: »

There is a power of arrest for dangerous (s.53) or drunken (s.49) driving but outside of those, this is the general power of arrest under the RTA....

107.—(1) Where a member of the Garda Síochána alleges to a person using a mechanically propelled vehicle that the member suspects that such person has committed a specified offence under this Act, the member may demand of such person his name and address and may, if such person refuses or fails to give his name and address or gives a name or address which the member has reasonable grounds for believing to be false or misleading, arrest such person without warrant.

http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0107.html#sec107

Yes, and most often they search you under section 23 misuse of drugs act. I have most of the road traffic/public order acts revised in my head lol

My question is why are they taking down my details? He nearly died when I asked why he was taking my personal information!!

GerardKeating · 21-06-2013 11:40pm

jamesr123 wrote: »

I was stopped last night, just seemed to be a random stop/search but during the search they seemed to be copying my details name, address and DOB to his little notebook. Why is he copying down my personal information? I asked but he refused to answer me? I'm a bit pissed off at his response, Surely i'm entitled to know what he's doing with my details?

He wants a full record of the stop, in case you get elected and become a future Minister of Justice.

MadsL · 22-06-2013 12:56am

pertinant question would be "Do you believe an offence has been committed Garda?" If the answer is no, then surely he/sh has no need for your details? If yes, then presumably you should be cautioned in which case you are saying nothing further.

MadsL · 22-06-2013 12:57am

http://www.irishstatutebook.ie/1994/en/act/pub/0002/sec0024.html

(2) Where a member of the Garda Síochána is of the opinion that an offence has been committed under a relevant provision, the member may—

(a) demand the name and address of any person whom the member suspects, with reasonable cause, has committed, or whom the member finds committing, such an offence, and

(b) arrest without warrant any such person who fails or refuses to give his name and address when demanded, or gives a name or address which the member has reasonable grounds for believing is false or misleading.

A pertinant question would be "Do you believe an offence has been committed Garda?" If the answer is no, then surely he/she has no need for your details? If yes, then presumably you should be cautioned in which case you are saying nothing further.

Zambia · 22-06-2013 1:12am

jamesr123 wrote: »

Yes, and most often they search you under section 23 misuse of drugs act. I have most of the road traffic/public order acts revised in my head lol

My question is why are they taking down my details? He nearly died when I asked why he was taking my personal information!!

He did not nearly die ffs.

starviewadams · 22-06-2013 1:19am

I'd say he just wanted records of people he's stopped/searched for his notebook,that he'll probably never look at ever again.

MadsL · 22-06-2013 1:26am

starviewadams wrote: »

I'd say he just wanted records of people he's stopped/searched for his notebook,that he'll probably never look at ever again.

What basis in law does he have for recording them? In other words, is the criminal act associated with the name provided to him/her. If so, and no arrest is made...??? Why keep the name?

Zambia · 22-06-2013 3:18am

MadsL wrote: »

What basis in law does he have for recording them? In other words, is the criminal act associated with the name provided to him/her. If so, and no arrest is made...??? Why keep the name?

He has the right to ask so ergo he has the right to record. It's not like he has to use his memory. There is no point in asking you for your details if he does not write them down. Why does this bother you so.

MadsL · 22-06-2013 3:53am

Zambia wrote: »

He has the right to ask so ergo he has the right to record. It's not like he has to use his memory. There is no point in asking you for your details if he does not write them down. Why does this bother you so.

Read the law. He/he only has the right to ask based on reasonable suspicion.

Zambia · 22-06-2013 6:02am

MadsL wrote: »

Read the law. He/he only has the right to ask based on reasonable suspicion.

He stopped you , your driving a car, how can he check if you have a licence or are even allowed drive if he does not know your name and address?

Victor · 22-06-2013 7:07am

Zambia wrote: »

He stopped you , your driving a car, how can he check if you have a licence or are even allowed drive if he does not know your name and address?

He might ask for your driving licence?

Zambia · 22-06-2013 7:15am

Victor wrote: »

He might ask for your driving licence?

What with all that personal info written on it heaven for f**king bid!!!!

source · 22-06-2013 7:19am

Mountjoy Mugger wrote: »

Ask for/Look at your licence?

Stop defending the indefensible.

Section 40 road traffic act 1961, have a read.

Marcusm · 22-06-2013 7:21am

MadsL wrote: »

Read the law. He/he only has the right to ask based on reasonable suspicion.

He can ask what he likes (as can any other human being), he can only compel an answer based on reasonable suspicion.

Tabnabs · 22-06-2013 7:39am

MadsL wrote: »

pertinant question would be "Do you believe an offence has been committed Garda?" If the answer is no, then surely he/sh has no need for your details? If yes, then presumably you should be cautioned in which case you are saying nothing further.

Absolutely, a Garda does not have the right, save in accordance with law, to ask you for your name and address.

If stopped by a Garda and asked for name and address you should ask the 'reasonable suspicion' that the Garda harbours, that warranted the stop. Do this before answering their questions. Also ask and get their name and garda ID number. After that, it is wise to comply with the request and give your name and address.

It's not about getting stroppy unnecessarily with the Gardai, it's about having your rights under the constitution protected and observed. We do not live in a police state!

Zambia · 22-06-2013 8:11am

source wrote: »

Section 40 road traffic act 1961, have a read.

This pretty much covers it.

No one has a right to anonymity behind the wheel.

http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0040.html

Tabnabs · 22-06-2013 8:37am

It's also worth quoting section 111 of the RTA 1961

111.—Where, in exercise of any power or the performance of any duty conferred or imposed by or under this Act, any member of the Garda Síochána makes in a public place a request, requirement or demand of, or gives an instruction to, any person, such person shall not be bound to comply with the request, requirement, demand or instruction unless the member either—

(a) is in uniform, or

(b) produces, if requested by such person, an official identification card or such other evidence of his identity as may be prescribed.

http://www.irishstatutebook.ie/1961/en/act/pub/0024/print.html#sec111

Pappa Charlie · 22-06-2013 8:45am

If the op didnt have the licence then the garda had the power to demand its production and the name and address of the driver would be demanded and recorded. If the driver had a licence then the garda can record the details, he could be recording gb to later verify that the licence is legit, get a life op and move on!

Tabnabs · 22-06-2013 9:02am

Pappa Charlie wrote: »

If the op didnt have the licence then the garda had the power to demand its production and the name and address of the driver would be demanded and recorded. If the driver had a licence then the garda can record the details, he could be recording gb to later verify that the licence is legit, get a life op and move on!

In the OP the poster says the gard copied down their details, so it's fair to assume it was from their licence.

(5) A person who, when producing a driving licence to a member of the Garda Síochána pursuant to this section, permits the member to see and read so much of the licence as contains the name, address, signature (if any) and photograph (if any) of the person to whom the licence was granted, the date of the termination of the period for which it was granted and the licensing authority by whom it was granted shall, for the purposes of this section, be deemed to have permitted such member to read the licence.

If a Gard started recording my details, then they must inform me of specified offence they are alleging I have committed. The OP would be well within their rights to write to the local station to where they were stopped and ask for the details of the gard who took their name and address and under what specified offence they were being taken for?

As I said, we do not live in a police state and the Gards must operate within the same laws that the citizens are required to.

NoQuarter · 22-06-2013 9:29am

Zambia wrote: »

This pretty much covers it.

No one has a right to anonymity behind the wheel.

http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0040.html

Tabnabs wrote: »

It's also worth quoting section 111 of the RTA 1961

http://www.irishstatutebook.ie/1961/en/act/pub/0024/print.html#sec111

Lads, don't quote irishstatutebook legislation from 1961, those sections read nothing like that anymore.

You need to log on to westlaw to read the consolidated legislation now, there has been hundreds of amendments to the 61 Act.

slimjimmc · 22-06-2013 9:50am

Tabnabs wrote: »

In the OP the poster says the gard copied down their details, so it's fair to assume it was from their licence.

If a Gard started recording my details, then they must inform me of specified offence they are alleging I have committed. The OP would be well within their rights to write to the local station to where they were stopped and ask for the details of the gard who took their name and address and under what specified offence they were being taken for?

As I said, we do not live in a police state and the Gards must operate within the same laws that the citizens are required to.

Not quite. As said already anyone including a Garda can ask your name and record the details if you provide it. Only if a Garda demands your details then he must inform you under what authority. It doesn't require an allegation you committed an offence, just a reasonable suspicion, e.g you fitting a description of a perp.

ask = informal request
demand = lawful requirement

jamesr123 · 22-06-2013 2:17pm

Pappa Charlie wrote: »

If the op didnt have the licence then the garda had the power to demand its production and the name and address of the driver would be demanded and recorded. If the driver had a licence then the garda can record the details, he could be recording gb to later verify that the licence is legit, get a life op and move on!

Get a life? :mad: I simply wanted to know why a total stranger decides to write all my details down in a notebook, when asked why he needs them details he refuses to answer me.

Now I know anyway, thanks lads :rolleyes:

MadsL · 22-06-2013 3:17pm

To all the outraged posters talking about a vehicle stop. Could I point out that the OP nowhere mentioned being in a vehicle when this happened.

jamesr123 · 22-06-2013 3:52pm

MadsL wrote: »

To all the outraged posters talking about a vehicle stop. Could I point out that the OP nowhere mentioned being in a vehicle when this happened.

I did

mathepac · 22-06-2013 4:11pm

MadsL wrote: »

To all the outraged posters talking about a vehicle stop. Could I point out that the OP nowhere mentioned being in a vehicle when this happened.

jamesr123 wrote: »

sorry, Just to be clear I was driving the car ...

jamesr123 wrote: »

I did

He sure did. Reading threads is such fun and sooo helpful !:D

MadsL · 22-06-2013 5:30pm

mathepac wrote: »

He sure did. Reading threads is such fun and sooo helpful !:D

Fair enough. He didn't mention it in the OP which I responded to. My bad. Want my name and address?

mathepac · 23-06-2013 12:19am

MadsL wrote: »

... Want my name and address?

Good evening sir. I have been observing your posting and I am of the opinion that you were not exercising due care and attention. Can I see your posting licence please? Please switch off your keyboard and remain seated in the typing position. I'll be back shortly ....

bluebottle102 · 23-06-2013 12:49am

@Tabnabs "Absolutely, a Garda does not have the right, save in accordance with law, to ask you for your name and address".

You are completely wrong there!!!! A Garda can ask you absolutely anything he wants, what you have to answer is altogether different!!!! Look up the Judges Rules.

coylemj · 23-06-2013 1:06am

bluebottle102 wrote: »

A Garda can ask you absolutely anything he wants, what you have to answer is altogether different!!!! Look up the Judges Rules.

The Judges' Rules concern the administration of a caution (as to the right to remain silent under questioning) when the police are questioning a suspect, usually after he is arrested. They are not relevant to this thread which is dealing with what your rights are when stopped at a Garda checkpoint and you are simply a citizen going about his business.

If I'm arrested on suspicion of an assault or theft and I'm hauled into a Garda station, I can sit there and refuse to answer any questions. If I'm stopped at a traffic checkpoint and the Garda asks me for my driving licence and I refuse to provide any information, that is a completely different matter.

Even if the Gardai stop you for drunken driving, the Judges' Rules do not apply since the right to remain silent and sit dumb would get you prosecuted and convicted for failing to blow into the alcohol detector device or whatever it's called.

Many years ago someone went to the High Court claiming that providing a blood or urine sample in the Garda station went against the principle that a suspect could not be compelled to provide incriminating evidence but that was thrown out.

MadsL · 23-06-2013 3:30am

mathepac wrote: »

Good evening sir. I have been observing your posting and I am of the opinion that you were not exercising due care and attention. Can I see your posting licence please? Please switch off your keyboard and remain seated in the typing position. I'll be back shortly ....

5-0 up in ma bidness, man.

Pappa Charlie · 23-06-2013 7:52am

Tabnabs wrote: »

In the OP the poster says the gard copied down their details, so it's fair to assume it was from their licence.

If a Gard started recording my details, then they must inform me of specified offence they are alleging I have committed. The OP would be well within their rights to write to the local station to where they were stopped and ask for the details of the gard who took their name and address and under what specified offence they were being taken for?

As I said, we do not live in a police state and the Gards must operate within the same laws that the citizens are required to.

Will you quote me the law that states a garda cannot record you details after lawfully obtaining them as he did under the road traffic act? I guess when the op writes to the station he'll have to give his name and address to them in order to get a reply, seems a little ironic. People need to cop on and get a life!

bluebottle102 · 23-06-2013 8:04am

coylemj wrote: »

The Judges' Rules concern the administration of a caution (as to the right to remain silent under questioning) when the police are questioning a suspect, usually after he is arrested. They are not relevant to this thread which is dealing with what your rights are when stopped at a Garda checkpoint and you are simply a citizen going about his business.

If I'm arrested on suspicion of an assault or theft and I'm hauled into a Garda station, I can sit there and refuse to answer any questions. If I'm stopped at a traffic checkpoint and the Garda asks me for my driving licence and I refuse to provide any information, that is a completely different matter.

Even if the Gardai stop you for drunken driving, the Judges' Rules do not apply since the right to remain silent and sit dumb would get you prosecuted and convicted for failing to blow into the alcohol detector device or whatever it's called.

Many years ago someone went to the High Court claiming that providing a blood or urine sample in the Garda station went against the principle that a suspect could not be compelled to provide incriminating evidence but that was thrown out.

The judges rules also states that a Garda can ask any question but if a Garda suspects a crime has been committed he must caution you at the earliest opportunity.

coylemj · 23-06-2013 12:03pm

bluebottle102 wrote: »

The judges rules also states that a Garda can ask any question but if a Garda suspects a crime has been committed he must caution you at the earliest opportunity.

Gardai do not apply the Judges' Rules in the case of minor traffic offences, even when they find a guy with no NCT, no insurance disc and no car tax.

Asking a guy to produce his driving licence and certificate of insurance, then asking his name and address and then telling him that he is 'not obliged to say anything unless he wishes to do so' would clearly be nonsense.

The law places certain obligations on an individual when he's stopped at a traffic checkpoint, keeping your mouth shut is not an option so the Judges Rules do not apply and never have.

The situation would be different in the case of a traffic accident where there was death or serious injury. In that case the situation would be covered by the Judges Rules and you could refuse to answer questions.

MadsL · 23-06-2013 2:44pm

coylemj wrote: »

Gardai do not apply the Judges' Rules in the case of minor traffic offences, even when they find a guy with no NCT, no insurance disc and no car tax.

Asking a guy to produce his driving licence and certificate of insurance, then asking his name and address and then telling him that he is 'not obliged to say anything unless he wishes to do so' would clearly be nonsense.

The law places certain obligations on an individual when he's stopped at a traffic checkpoint, keeping your mouth shut is not an option so the Judges Rules do not apply and never have.

The situation would be different in the case of a traffic accident where there was death or serious injury. In that case the situation would be covered by the Judges Rules and you could refuse to answer questions.

Huh?

You are obliged to produce your documents or account for them. Any other questions are answered at your discretion, not by rule of law.

Fred Swanson · 23-06-2013 2:48pm

This post has been deleted.

Marcusm · 23-06-2013 2:52pm

MadsL wrote: »

Huh?

You are obliged to produce your documents or account for them. Any other questions are answered at your discretion, not by rule of law.

True but in Heaney v Irelaand, it was established that right to silence/avoid self incrimination did not extent to providing name and address. Accordingly, if the guard was exercising an RTA power to insist on name and address, silence could not be invoked.

coylemj · 23-06-2013 3:51pm

MadsL wrote: »

Huh?

What's with the 'huh?' ? I said that the Judges' Rules are not applicable in the case of minor motoring offences.

If you disagree then please set out your case.

MadsL wrote: »

You are obliged to produce your documents or account for them. Any other questions are answered at your discretion, not by rule of law.

Reality check: In my experience the Gardai only ask you questions beyond the production of licence and insurance when there is an irregularity. So if your NCT cert or tax disc is out by a couple of weeks, are you seriously going to exercise your constitutional rights and give him the silent treatment or offer some kind of explanation?

MadsL · 23-06-2013 4:25pm

coylemj wrote: »

What's with the 'huh?' ? I said that the Judges' Rules are not applicable in the case of minor motoring offences.

If you disagree then please set out your case.

Well for starters, your rights under the Constitution do not disappear when you are behind the wheel. The only limitation to that is being held under Section 30 of Offences against the State Act 1939.

Reality check: In my experience the Gardai only ask you questions beyond the production of licence and insurance when there is an irregularity. So if your NCT cert or tax disc is out by a couple of weeks, are you seriously going to exercise your constitutional rights and give him the silent treatment or offer some kind of explanation?

Production of your documents, followed by a request to search the vehicle appears to be getting more common. You are well within your rights to refuse such a search.

Silence is not always appropriate if you wish to defend yourself against a charge, however asking questions such as "Where do you work?" or "Where are you after coming from?" has no basis in law and you are within your rights not to answer. Now you might ask why be obstructive. Let's take a scenario. Road checkpoint. You have a shotgun in the boot and blood from rabbits on a sheet. You are legally transporting the shottie. You are late home and wife is pissed.

Do you really want to deal with this scenario, or should you be allowed peaceably on your way without being tricked into a search that the guards have no basis in law to conduct?

bluebottle102 · 23-06-2013 5:02pm

coylemj wrote: »

Gardai do not apply the Judges' Rules in the case of minor traffic offences, even when they find a guy with no NCT, no insurance disc and no car tax.

Asking a guy to produce his driving licence and certificate of insurance, then asking his name and address and then telling him that he is 'not obliged to say anything unless he wishes to do so' would clearly be nonsense.

The law places certain obligations on an individual when he's stopped at a traffic checkpoint, keeping your mouth shut is not an option so the Judges Rules do not apply and never have.

The situation would be different in the case of a traffic accident where there was death or serious injury. In that case the situation would be covered by the Judges Rules and you could refuse to answer questions.

If you read my post I stated if a Garda suspects a CRIME has been committed. Nct insurance etc are road traffic matters and are obviously treated differently

0ph0rce0 · 23-06-2013 5:14pm

a Garda does not have the right, save in accordance with law, to ask you for your name and address. Again, your right to privacy is accepted by the courts to be provided for in Article 40.3 of the Irish constitution. Any attempt by a Garda to deny your privacy must be done in accordance with law. Even if a Garda invokes for example 'The Public Order Act', he cannot demand your name and address unless he is of the opinion that you have committed an offence under that act.

Neither do you have to "comply with the directions of Garda" (section 8) unless you have been informed that you are committing an offence relative to the Public Order Act whereby there is provision in the act to direct you to 'desist or leave the vicinity" (section 8). The offences (and sections) they might use to question (or arrest you) are "wilfull obstruction" (section 9) and "trespass" (section 13) etc. "Disorderly Conduct "(section 5) is one they could throw at you but not unless you are using "offensive conduct causing serious offence".

Therefore - you should never give a Garda your name and address unless you have been told you have committed an offence or you are under arrest for an offence.

Finnbar01 · 23-06-2013 8:55pm

What if you are stopped and searched under the misuse of drugs act, the garda finds nothing, would you still have to give your name and address?

jamesr123 · 23-06-2013 9:02pm

Finnbar01 wrote: »

What if you are stopped and searched under the misuse of drugs act, the garda finds nothing, would you still have to give your name and address?

I did. From what i'v read here they'll just take your name and address down anyway,It's routine I suppose..

Pat Mustard · 23-06-2013 9:06pm

A Garda has the power to stop a motorist, and to demand his driving licence and read it. The Garda also has the power to demand the motorist's name and address.

It's all there in the legislation.

S.40 Road Traffic Act 1961 (Consolidated to Jan 2013)

40. Production of driving licence on demand by member of Garda Síochána.
(1) A member of the Garda Síochána may demand of a person—
(a) driving in a public place a mechanically propelled vehicle, or

(b) accompanying under regulations under this Act the holder of a learner permit while such holder is driving in a public place a mechanically propelled vehicle, the production to him or her for his or her inspection of a driving licence then having effect and licensing the person to drive the vehicle. If the person refuses or fails so to produce the licence there and then, he or she commits an offence.

(2) A member of the Garda Síochána may demand of a person who is driving in a public place a mechanically propelled vehicle and is not the holder of a driving licence the production to him or her for his or her inspection of a learner permit then having effect and licensing the person to drive the vehicle. If the person refuses or fails so to produce the learner permit and is a person falling within section 35(1), he or she commits an offence.

(3) Where a person who is driving in a public place a mechanically propelled vehicle and of whom the production of a driving licence is demanded under paragraph (a) of subsection (1) or is required under subsection (4)(a) produces, in accordance with the demand or requirement, a learner permit then having effect and licensing the person to drive the vehicle concerned, the person has not committed an offence under subsection (1) or (4)(a), as the case may be.

(4)
[(a) Where a person of whom the production of a driving licence or learner permit is demanded under this section refuses or fails to produce the licence or permit there and then, a member of the Garda Síochána may require the person to produce within 10 days after the date of the requirement the licence or permit in person to a member of the Garda Síochána at a Garda Síochána station to be named by the person at the time of the requirement. If the person refuses or fails so to produce the licence or permit, he or she commits an offence.]

(b) In any proceedings a certificate, purporting to be signed by the member in charge of the Garda Síochána station at which the defendant concerned was required, under paragraph (a), to produce the driving licence or learner permit, stating that the defendant did not, within 10 days after the day on which the production was required, produce a driving licence or learner permit in accordance with paragraph (a) shall, without proof of the signature of the person purporting to sign the certificate or that he or she was the member in charge of the Garda Síochána station, be evidence, until the contrary is shown, of the facts stated in the certificate.

(c) Where any person is required to produce a driving licence or learner permit at a Garda Síochána station and the person produces the licence or permit within 10 days after the day on which the production was required, the member in charge of the Garda Síochána station shall issue a certificate stating that the licence or permit was so produced and such certificate shall be evidence of the facts stated in the certificate.

(5) Where a person of whom the production of a driving licence or learner permit is demanded or required under this section produces the licence or permit in accordance with the demand or requirement, but refuses or fails to permit the member of the Garda Síochána to whom it is produced to read the licence or permit, he or she commits an offence.

[(6) Where a person of whom the production of a driving licence or learner permit is demanded or required under this section refuses or fails so to produce the licence or permit or produces the licence or permit but refuses or fails to permit the member of the Garda Síochána to whom it is produced to read the licence or permit, the member may demand of the person his or her name and address and date of birth and, if the person refuses or fails to give to the member his or her name and address and date of birth or gives to the member a name or address or date of birth which is false or misleading, he or she commits an offence.]

(7) A member of the Garda Síochána may arrest without warrant—
(a) a person who under this section produces a driving licence or learner permit to the member but refuses or fails to permit the member to read it, or

[(b) a person who, when his or her name and address and date of birth are lawfully demanded of him or her by a member of the Garda Síochána under this section, refuses or fails to give to the member his or her name and address and date of birth or gives to the member a name or address or date of birth which the member has reasonable grounds for believing to be false or misleading.]

(8) A person who, when the production of a driving licence or learner permit is demanded or required of him or her under this section, does not produce the licence or permit because he or she is not the holder of a driving licence or learner permit is deemed to fail to produce his or her driving licence or learner permit, as the case may be, under this section.”.]

[(9) Section 1(1) of the Probation of Offenders Act 1907 does not apply to an offence under this section.]

Section 62 Road Traffic Act, 2010

62.— (1) Where a person, on the demand or at the requirement of a member of the Garda Síochána under section 40 of the Principal Act or a requirement of such a member under section 61 (1) of this Act, produces for inspection a driving licence or learner permit under that provision, the member making the demand or requirement of the person, where it is produced for inspection to him or her or, where it is produced for inspection at a Garda Síochána station, the member of the Garda Síochána at the Garda Síochána station to whom it is produced for inspection, as the case may be, may require of the person to state whether the address mentioned on the driving licence or learner permit is the address at which the person currently resides, and if it is not, to require the person to give to the member the address at which he or she currently resides.

(2) A person who fails to comply with a requirement under subsection (1) commits an offence.

Finnbar01 · 23-06-2013 9:31pm

jamesr123 wrote: »

I did. From what i'v read here they'll just take your name and address down anyway,It's routine I suppose..

What if you refuse though? Bearing in mind that they found nothing illegal on you.

Pat Mustard · 23-06-2013 9:45pm

Finnbar01 wrote: »

What if you refuse though? Bearing in mind that they found nothing illegal on you.

If you are a motorist, Gardai can ask you for your name and address and you refuse to give the details, you commit an offence and can be prosecuted.

I should have put in s.62(2) of the 2010 Act, so I've edited my post to include it now.

paddyc310 · 23-06-2013 10:01pm

Ah don't worry about him think was it a pencil or biro think they get pencil for the first yr,,,,

Stopped by garda last night.

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