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Caught urinating in public

  • 12-11-2007 8:40am
    #1
    Registered Users, Registered Users 2 Posts: 3,558 ✭✭✭


    Saturday night, was out in town. Got "caught short" on my way to my Nitelink, popped down an alley-way to relieve myself........Garda van comes round corner. Caught "red handed", no argument.

    Garda asks me for ID, I produce an ATM card. He takes my name and address (which I gave him honest details on - was hammered/unsure of situation/keen to get away from them and get my bus, so didn't want any hassle).

    After a minute or so he sends me on my way and tells me to expect a summons in the post.

    So, what's likely to happen? Will a summons be issued? How much will the fine be?


Comments

  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Not allowed to give advice on this forum but it comes under the Public Order Offences, Section 5.

    If you get a summons you'll have to appear in court.


  • Closed Accounts Posts: 1,311 ✭✭✭IT Loser


    Tom Young wrote: »
    Not allowed to give advice on this forum but it comes under the Public Order Offences, Section 5.

    If you get a summons you'll have to appear in court.

    Urination in public and bleeding in public are as illegal as one another- it is the circumstances that the case will turn on. Best of luck.


  • Registered Users, Registered Users 2 Posts: 12,850 ✭✭✭✭machiavellianme


    IT Loser wrote: »
    Urination in public and bleeding in public are as illegal as one another.

    Bleeding in public?


  • Closed Accounts Posts: 1,311 ✭✭✭IT Loser


    Bleeding in public?

    Suppose I am a Guard, and I see a chap with a bloody nose and broken hands, what do I do?

    Now suppose I see a chap with a slashed throat, struggling from railing to railing. What do I do??

    One of them is going to get asked some stern questions, the other one is going to get helped.


  • Registered Users, Registered Users 2 Posts: 12,850 ✭✭✭✭machiavellianme


    Sorry took you up wrong. Thought it was a bit like GAA matches where you cant bleed on the pitch. I.e. I could be arrested if I had a nose bleed while walking down the road


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  • Closed Accounts Posts: 1,311 ✭✭✭IT Loser


    Sorry took you up wrong. Thought it was a bit like GAA matches where you cant bleed on the pitch. I.e. I could be arrested if I had a nose bleed while walking down the road

    Exactly. You could be arrested, if upon questioning the police could link the nose bleed to a fight they had gotten wind of in the vicinity.

    If on the other hand you just suffer from periodical nosebleeds, there's no grounds for detention or questioning.

    Ditto urine boy.

    Its not illegal to urinate per se...etc etc etc


  • Registered Users, Registered Users 2 Posts: 18,625 ✭✭✭✭BaZmO*


    IT Loser wrote: »
    Exactly. You could be arrested, if upon questioning the police could link the nose bleed to a fight they had gotten wind of in the vicinity.

    If on the other hand you just suffer from periodical nosebleeds, there's no grounds for detention or questioning.

    Ditto urine boy.

    Its not illegal to urinate per se...etc etc etc
    I don't get that. It's either illegal to urinate on the street or not. No?


  • Closed Accounts Posts: 1,311 ✭✭✭IT Loser


    BaZmO* wrote: »
    I don't get that. It's either illegal to urinate on the street or not. No?

    Not that simple.

    If I eat a bad chinese and I have to get sick.....thats one thing. Its not something you can plan, and you ate bad food etc.

    If on the other hand, if I am puking my ring on Harcourt St at 0200h then thats another matter altogther.

    There is no law which requires you to hold pee.:D Its how you get rid of it that the law looks at.


  • Registered Users, Registered Users 2 Posts: 18,625 ✭✭✭✭BaZmO*


    So down a lane, out of public view, when there's no public toilets available is ok?


  • Closed Accounts Posts: 1,311 ✭✭✭IT Loser


    BaZmO* wrote: »
    So down a lane, out of public view, when there's no public toilets available is ok?

    Strictu sensu, I am not allowed to give you legal advice. Use your imagintion. Suffice it to say that pissing on the window of M&S at 0900 in the AM whilst roaring "A Nation Once Again" and "brits out" would not be looked upon as favourably as a discrete pee in a doorway on Dorset Street in the pitch black on Saturday night.


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  • Registered Users, Registered Users 2 Posts: 1,857 ✭✭✭Bogger77


    BaZmO* wrote: »
    So down a lane, out of public view, when there's no public toilets available is ok?
    nope
    if it was out of public view, how could you be caught by the cops.


    I believe IT Loser is suggesting that it's an emergency situation, you can't be charged for avoiding soiling yourself, but where it's a case of drunk person urinating in a place public have access to, then that's the offence.

    In it's not in public view, that's a different offence, it's in a public place that the OP was caught.


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    IT Loser wrote: »
    Urination in public and bleeding in public are as illegal as one another- it is the circumstances that the case will turn on. Best of luck.

    Sorry its totally different to bleeding in public whether voluntary or involuntary.



    5 1994 2

    [GA] Disorderly conduct in public place. 5.—(1) It shall be an offence for any person in a public place to engage in offensive conduct—

    [GA] ( a ) between the hours of 12 o'clock midnight and 7 o'clock in the morning next following, or

    [GA] ( b ) at any other time, after having been requested by a member of the Garda Síochána to desist.

    [GA] (2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £500.

    [GA] (3) In this section "offensive conduct" means any unreasonable behaviour which, having regard to all the circumstances, is likely to cause serious offence or serious annoyance to any person who is, or might reasonably be expected to be, aware of such behaviour.

    I accept the hearing would turn on the fact of the individual case.


  • Registered Users, Registered Users 2 Posts: 1,537 ✭✭✭Downtime


    Peckham wrote: »
    Saturday night, was out in town. Got "caught short" on my way to my Nitelink, popped down an alley-way to relieve myself........Garda van comes round corner. Caught "red handed", no argument.

    Garda asks me for ID, I produce an ATM card. He takes my name and address (which I gave him honest details on - was hammered/unsure of situation/keen to get away from them and get my bus, so didn't want any hassle).

    After a minute or so he sends me on my way and tells me to expect a summons in the post.

    So, what's likely to happen? Will a summons be issued? How much will the fine be?

    Happened to a mate of mine - went to court - Garda never showed up - slap on wrist. his old man was not happy when the gardai arrived at the door with a summons though.


  • Closed Accounts Posts: 1,311 ✭✭✭IT Loser


    Tom Young wrote: »
    Sorry its totally different to bleeding in public whether voluntary or involuntary.



    5 1994 2

    [GA] Disorderly conduct in public place. 5.—(1) It shall be an offence for any person in a public place to engage in offensive conduct—

    [GA] ( a ) between the hours of 12 o'clock midnight and 7 o'clock in the morning next following, or

    [GA] ( b ) at any other time, after having been requested by a member of the Garda Síochána to desist.

    [GA] (2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £500.

    [GA] (3) In this section "offensive conduct" means any unreasonable behaviour which, having regard to all the circumstances, is likely to cause serious offence or serious annoyance to any person who is, or might reasonably be expected to be, aware of such behaviour.

    I accept the hearing would turn on the fact of the individual case.

    I understood I couldn't give legal advice......so I was trying to use analogies....you can see my predicament.


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,549 Mod ✭✭✭✭johnnyskeleton


    A pregnant woman or an incontinent person may well have a good defence to say that they just had to go. You're not pregnant and/or incontinent by any chance are you?


  • Registered Users, Registered Users 2 Posts: 152 ✭✭bryanmurr


    there is a seperate offence for urinating in public, small penalties for it though because its from an old piece of law


  • Registered Users, Registered Users 2 Posts: 3,558 ✭✭✭Peckham


    A pregnant woman or an incontinent person may well have a good defence to say that they just had to go. You're not pregnant and/or incontinent by any chance are you?

    Well, incontinent due to the effect of 12 pints of Guinness! ;)


  • Registered Users, Registered Users 2 Posts: 20,844 ✭✭✭✭cormie


    You could always claim you are in court, and then just pee in your pants and go "OH GOD, NOT AGAIN!!!" and run away crying with your hands hiding your face ;)


  • Registered Users, Registered Users 2 Posts: 9,031 ✭✭✭Lockstep


    I was in France for the summer trying to find work.

    People piss like old laides over there.
    They just go everywhere, ib broad daylight, hobos and mothers and business men.

    Ireland is a lot more stringent about it.


  • Closed Accounts Posts: 82 ✭✭Poppy Cock


    Mr. beat-around-the-bush IT Loser is vaguely (for whatever dumb reason) trying to say don't worry about it.


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  • Registered Users, Registered Users 2 Posts: 18,625 ✭✭✭✭BaZmO*


    I was in France for the summer trying to find work.

    People piss like old laides over there.
    They just go everywhere, ib broad daylight, hobos and mothers and business men.
    Same in Holland and Germany in my experience.


  • Closed Accounts Posts: 406 ✭✭johnnysmurfman


    LAst time I was in court there were three guys charged with that, they were mates all peeing at the same time down a lane. The all pleaded guilty and were given the Probabtion Act, the first guy was asked to donate 50 euro to charity, the next guy 50euro and the last guy 70euro!!!!! I guess the judge was getting p*ssed off at that stage.


  • Registered Users, Registered Users 2 Posts: 18,126 ✭✭✭✭Idbatterim


    hey! i got caught urinating in public on 17th March 08, must have been around 3 am (club closing time)! get caught by a guard, give my details, dont hear anything for about a year, on the 15th March 09 a guard calls to the house, he asks if im there, i wasnt, so my brother took the summons. I turn up to court on the requested day and time, guard doesnt show up and I am aksed can I come back roughly a month later, which is this thursday. 3 questions. A. can they issue me with a summons almost a year to the day B. does the summoms not need to be handed to me directly and c. i thought if the guard was a no show, the case would be thrown out. (Especially for something so trivial!) i mean i have now had to take 2 half days off work for this! replies and opinions appreciated!


  • Registered Users, Registered Users 2 Posts: 2,876 ✭✭✭pirelli


    cormie wrote: »
    You could always claim you are in court, and then just pee in your pants and go "OH GOD, NOT AGAIN!!!" and run away crying with your hands hiding your face ;)

    Yes i remember that. The shocked court room was so quiet you were be able to hear a pin drop. Yeah i remember the judge shook his head slowly with the pity clearly visible on his face, but he still allowed the case continue against you cormie. Even though you were just a vacant puddle of pee on the ground.


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Idbatterim wrote: »
    hey! i got caught urinating in public on 17th March 08, must have been around 3 am (club closing time)! get caught by a guard, give my details, dont hear anything for about a year, on the 15th March 09 a guard calls to the house, he asks if im there, i wasnt, so my brother took the summons. I turn up to court on the requested day and time, guard doesnt show up and I am aksed can I come back roughly a month later, which is this thursday. 3 questions. A. can they issue me with a summons almost a year to the day B. does the summoms not need to be handed to me directly and c. i thought if the guard was a no show, the case would be thrown out. (Especially for something so trivial!) i mean i have now had to take 2 half days off work for this! replies and opinions appreciated!
    See a solicitor.


  • Registered Users, Registered Users 2 Posts: 18,126 ✭✭✭✭Idbatterim


    yeah will go and see a solicitor tomorrow, when i went the first time i was perfectly prepared to take the rap, but if I can get off through their failings then anyone would be an idiot not to atleast try!


  • Registered Users, Registered Users 2 Posts: 7 fran.c


    I heard once that by law you can take a dump in public without fear of prosecution, on the grounds that there is a medical fact that you could die if you didnt take a pooh in time.:o

    Perhaps its true perhaps not.:eek:


  • Closed Accounts Posts: 2 Nailersy


    As far as i'm aware this offence falls into the same catergory as the 'lewd behaviour' thread in that they're both presumably Public Order offences?


  • Closed Accounts Posts: 131 ✭✭g32


    Peckham wrote: »
    Saturday night, was out in town. Got "caught short" on my way to my Nitelink, popped down an alley-way to relieve myself........Garda van comes round corner. Caught "red handed", no argument.

    Garda asks me for ID, I produce an ATM card. He takes my name and address (which I gave him honest details on - was hammered/unsure of situation/keen to get away from them and get my bus, so didn't want any hassle).

    After a minute or so he sends me on my way and tells me to expect a summons in the post.

    So, what's likely to happen? Will a summons be issued? How much will the fine be?

    Served you DAMN RIGHT.

    Urinating in public is sub-human and animal behavior. Young Irish drunken men don't think about the consequences for their actions.


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  • Closed Accounts Posts: 5,451 ✭✭✭Delancey


    In certain circumstances might urinating in public be considered an offence of ' indecency ' ?


  • Registered Users, Registered Users 2 Posts: 19,098 ✭✭✭✭Del2005


    delancey42 wrote: »
    In certain circumstances might urinating in public be considered an offence of ' indecency ' ?

    I'd say it all depends on which way you're facing :D


  • Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    delancey42 wrote: »
    In certain circumstances might urinating in public be considered an offence of ' indecency ' ?

    Absolutely.


    g32 wrote: »
    Served you DAMN RIGHT.

    Urinating in public is sub-human and animal behavior. Young Irish drunken men don't think about the consequences for their actions.

    What were you searching for in threads over a year old that you need to drag this one up ?


  • Closed Accounts Posts: 131 ✭✭g32


    Reloc8 wrote: »

    What were you searching for in threads over a year old that you need to drag this one up ?

    Its endemic this problem. So to give my opinion to the op, who seemed to think this is acceptable. He seemed very nervous of the potential consequences but did he expect a slap on the wrist?

    This problem is prevalent in our society, particularly among young drunk men. Law enforcement to tackle this problem is essential and in any case, its not enough. Look at the shop owner in Ennis who installed the electric shock instrument. His shop is a victim to this ape behavior.


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    How is that working out for him?


  • Registered Users, Registered Users 2 Posts: 883 ✭✭✭davmol


    g32 wrote: »
    Served you DAMN RIGHT.

    Urinating in public is sub-human and animal behavior. Young Irish drunken men don't think about the consequences for their actions.

    I think thats a moronic statement considering sometimes you have to go rather than get on a 1 hour nitelink and risk wetting yourself.
    I disagree with people puking and relieving themselves all over the citys streets but someone who desperately needs to go running up a lane is not exposing themselves or making an issue of it.


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  • Closed Accounts Posts: 23 Gestapo


    IT Loser wrote: »
    Urination in public and bleeding in public are as illegal as one another

    tell that to my dog!!


  • Closed Accounts Posts: 131 ✭✭g32


    davmol wrote: »
    I think thats a moronic statement considering sometimes you have to go rather than get on a 1 hour nitelink and risk wetting yourself.
    I disagree with people puking and relieving themselves all over the citys streets but someone who desperately needs to go running up a lane is not exposing themselves or making an issue of it.

    How some people that justify any beast behavior is unbelievable........

    Regardless where it occurs in public, it is a violation of the law. It is a sign of no decorum or respect for public property. Go find a public house or a restaurant and pay them to use the bathroom if necessary. Doing it is an alleyway, or public place is a low low.


  • Closed Accounts Posts: 2,616 ✭✭✭FISMA


    Have you thought about talking to the Gardai?

    I would go by the station, ask the Gardai what he thinks is fair punishment, and fulfill whatever he thinks, without question.

    Volunteer to wash the cars for a month, whatever...

    It will keep you out of court and off of the record. You never know, he just might even admire your more sober thinking and give you a warning.

    I would go when the Gardai's shift first starts. Less probability of bad moods.


  • Registered Users, Registered Users 2 Posts: 3,354 ✭✭✭smellslikeshoes


    g32 wrote: »
    How some people that justify any beast behavior is unbelievable........

    Regardless where it occurs in public, it is a violation of the law. It is a sign of no decorum or respect for public property. Go find a public house or a restaurant and pay them to use the bathroom if necessary. Doing it is an alleyway, or public place is a low low.

    I'm surprised you're able to reach down to the keyboard from up there on your high horse. The OP was caught late at night on his way to a nitelink. The fact of the matter is, after kicking out time there isn't going to be any pubs or restaurants open where you can go or anywhere else for that matter.


  • Closed Accounts Posts: 131 ✭✭g32


    I'm surprised you're able to reach down to the keyboard from up there on your high horse. The OP was caught late at night on his way to a nitelink. The fact of the matter is, after kicking out time there isn't going to be any pubs or restaurants open where you can go or anywhere else for that matter.

    Smellslikeshoes,

    It does NOT matter how sorry you feel for the op...!

    Discretion does not come into this.

    It does not justify urinating in public under any circumstances. The op did what nobody would do in a civilized world. The cops were doing their job also. The op must accept responsibility for his actions.


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  • Registered Users, Registered Users 2 Posts: 3,354 ✭✭✭smellslikeshoes


    g32 wrote: »
    Smellslikeshoes,

    It does NOT matter how sorry you feel for the op...!

    Discretion does not come into this.

    It does not justify urinating in public under any circumstances. The op did what nobody would do in a civilized world. The cops were doing their job also. The op must accept responsibility for his actions.

    I never said he shouldn't take responsibility for his actions. I'm pointing out the fact that it's something that can and does happen to good and decent people and you shouldn't be coming out with words like "sub-human" and "animal behaviour".

    So I am asking this question to you Mr/Mrs G32.
    If you are on your way to a nitelink and there is no pubs or restaurants open and you really have to go, what would you do? Remember this is late so there really is nowhere open.


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    I'm surprised you're able to reach down to the keyboard from up there on your high horse. The OP was caught late at night on his way to a nitelink. The fact of the matter is, after kicking out time there isn't going to be any pubs or restaurants open where you can go or anywhere else for that matter.

    He wasn't really caught late at night. He drank a load of beer. Any eejit can see the biological consequence of this. If he had stopped drinking earlier he wouldn't have had the problem.

    Having said that I think its disgraceful that there is not some form of public toilets for people to use near the nitelinks.


  • Closed Accounts Posts: 131 ✭✭g32


    I never said he shouldn't take responsibility for his actions. I'm pointing out the fact that it's something that can and does happen to good and decent people and you shouldn't be coming out with words like "sub-human" and "animal behaviour".

    So I am asking this question to you Mr/Mrs G32.
    If you are on your way to a nitelink and there is no pubs or restaurants open and you really have to go, what would you do? Remember this is late so there really is nowhere open.


    i love stupid people who don't understand civilization.... 

    Firstly I can assume you have a high IQ with your intelligent response you so delicately ended your comment on. Secondly no one urinates in public, they do it because they are drunk or oblivious to a civic burden of responsibility, which they clearly lack. And i loved the fact you think everyone does it. Go do a little research on this.


  • Registered Users, Registered Users 2 Posts: 3,354 ✭✭✭smellslikeshoes


    g32 wrote: »
    i love stupid people who don't understand civilization.... 

    Firstly I can assume you have a high IQ with your intelligent response you so delicately ended your comment on. Secondly no one urinates in public, they do it because they are drunk or oblivious to a civic burden of responsibility, which they clearly lack. And i loved the fact you think everyone does it. Go do a little research on this.

    Stupid people who don't understand civilisation?
    :rolleyes:


    I'm done with this thread, you're living high atop your ivory tower and not in the real world and I'm starting to think you're nothing but a troll. If you need to drag up a 2 and a half year old thread to have a go at someone it says more about you than the thread starter.


  • Registered Users, Registered Users 2 Posts: 883 ✭✭✭davmol


    g32 wrote: »
    i love stupid people who don't understand civilization.... 

    Firstly I can assume you have a high IQ with your intelligent response you so delicately ended your comment on. Secondly no one urinates in public, they do it because they are drunk or oblivious to a civic burden of responsibility, which they clearly lack. And i loved the fact you think everyone does it. Go do a little research on this.

    Take a walk in the city any night of teh week and you will see that many many people urinate in public out of necessity.I dont condone it but i fully understand people doing it when there is no other option.

    My cousin was on a school tour and she needed to go badly.There was no toilet facilities and her teacher refused to let her go outdoors so she held on as long as she could which was a bit too late.she ended up wetting herself and rupturing her bladder right in front of her class.WHat would you say to her?how would you quell the embarrassment she has to live with for he next few years...would you simply reiterate your self righteous BS above and villify her for wanting to go outdoors?


  • Registered Users, Registered Users 2 Posts: 2,077 ✭✭✭Finnbar01


    This happened to a neighbour of mine. Was coming home from work, was caught short and jumped over a wall and had a pee behind a bush. When he jumped back over, he was stopped by a passing patrol car and when asked what he was up to, he told the truth.

    Court appearance later, stating that as it happened in the middle of the night and he concealed himself very well, it was highly unlikely that a member of the public would have spotted what he was doing and so the judge struck it out.


  • Registered Users, Registered Users 2 Posts: 16 duffer243


    fran.c wrote: »
    I heard once that by law you can take a dump in public without fear of prosecution, on the grounds that there is a medical fact that you could die if you didnt take a pooh in time.:o

    Perhaps its true perhaps not.:eek:

    Is this actually true? Heard it before meself.


  • Closed Accounts Posts: 5,451 ✭✭✭Delancey


    This thread should be re-named '' The Thread That Refuses To Die ''


This discussion has been closed.
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