Abusing a Garda

pokerwidow

I would like your opinion on this. If I have a disagreement with a garda (about anything) when can I be charged with abuse? If I keep a calm manner and do not curse is it ok? Obviously if I started cursing and calling him names then I am behaving in an abusive manner, but where is the line? If I start questioning his actions and give my opinion, am I going to get in trouble?

Opinions are welcomed.

Also can someone give me the link to the most recent traffic laws that have been brought in, like the mobile and booster seat for children laws. Thanks.

dermot_sheehan

pokerwidow wrote:

I would like your opinion on this. If I have a disagreement with a garda (about anything) when can I be charged with abuse? If I keep a calm manner and do not curse is it ok? Obviously if I started cursing and calling him names then I am behaving in an abusive manner, but where is the line? If I start questioning his actions and give my opinion, am I going to get in trouble?

Opinions are welcomed.

Also can someone give me the link to the most recent traffic laws that have been brought in, like the mobile and booster seat for children laws. Thanks.

The Criminal Justice (Public Order) Act 1994 basically outlines the gardai's powers. http://www.irishstatutebook.ie/ZZA2Y1994.html

As you can see the offences under sections 5 and 6 (Disorderly conduct and threatening and abusive behaviour) are very vague. Section 7 creates an offence of failing to comply with a garda's instructions to desist from such behaviour. Section 19 creates the offence of assault on a peace officer (assault is creating a reasonable apprehension that force will be used so assault can be committed by use of words alone).

pokerwidow

Cheers for that Gabhain.

alfie

gabhain7 wrote:

Section 7 creates an offence of failing to comply with a garda's instructions to desist from such behaviour.

Thats Section 8.

Trojan911

pokerwidow wrote:

I would like your opinion on this. If I have a disagreement with a garda (about anything) when can I be charged with abuse?

Ok, in my opinion, you would probably be charged/summons for a public order offence be it whatever section or Breach of the Peace or behaviour likely cause a Breach of the Peace if the officer felt this was the case.

pokerwidow wrote:

If I keep a calm manner and do not curse is it ok?

Sure, you would be having a reasonable discussion/debate with the officer concerned.

pokerwidow wrote:

Obviously if I started cursing and calling him names then I am behaving in an abusive manner, but where is the line? ?

The line is a grey one. Tact & Diplomacy are always a good way to go. You lose the discussion/debate when you resort to threats & oppressive behaviour. If you know you are in the right then keep it simple & accept whatever ticket/summons is being dished out. Then challenge it through the proper channels i.e. the courts, complaints etc. Do your homework before you start dishing out your opinions.

pokerwidow wrote:

If I start questioning his actions and give my opinion, am I going to get in trouble?

By all means you can challenge his actions, but know what you are saying and have your facts about you it saves you wiping the egg off your face later if you are wrong.

All the Best

TJ911...

pokerwidow

Thanks T, when I called to the station today (had to go there anyway) the garda in question was not there, but my husband is going to offically complain him on the advice of our solictor. Thanks for the advice, I wanted to give him a piece of my mind but calmed down then. There are other ways of getting revenge other than shouting my mouth off.

Trojan911

pokerwidow wrote:

Thanks for the advice, I wanted to give him a piece of my mind but calmed down then.

No prob, not advice just an opinion.....

TJ911...

pokerwidow

Trojan911 wrote:

No prob, not advice just an opinion.....

TJ911...

Sorry thanks for your opinion
Damn goes my defence, the guy on the internet told me do it

wingnut

So talking on the mobile, with a kid with no child seat in the car were we?

optiplexgx270

Questioning a fine member of the Guards - How dare ya

pokerwidow

wingnut wrote:

So talking on the mobile, with a kid with no child seat in the car were we?

No three kids and they were jumping up and down on each other. I was on the mobile, drinking a coffee and reading the newspaper, oh and don't forget putting on lippy. The cheek of him to say I was a danger to society, surely that is someone who makes general statements based on no facts whatsoever

Edit: It was my husband who had the situation with the guard, I'm innocent.