Driving under the influence on Private Property

stop

Just wondering what's the story with this?
E.g When someone is tearing around the place off their face, but not on a public road, e.g industrial estate which has open road but is 'private', do normal rules apply for AGS in this situation?

the locust

the definition of a "public place" under the road traffic act (for the purpose of drink driving etc) - means ANY street, road or other place to which the public have ACCESS with vehicles whether as of right or by permission and whether subject to or free of charge;

goldie fish

I prosecuted a similar case some years ago. While the driving was on "private property" we successfully argued that there was no physical or monetary means to prevent public access. Therefor it was a public place for the definition of S49RTA.

Hooch

What they said.

What the public think is private property is normally in fact not. A field or a persons driveway are private (but if the drive leads to more than one home its public:D) Law is complicated in more ways than you can imagine.

stop

Thanks guys, thought that was the case, just wanted to confirm it.

wicklaman83

but if you were in a minor damage only RTA during rush hour you can be guaranteed you will be told your on private property:rolleyes:

Hooch

darren254 wrote: »

but if you were in a minor damage only RTA during rush hour you can be guaranteed you will be told your on private property:rolleyes:

Material damage accidents do not require Gardaí to attend once there is no injury.

This ":rolleyes:" really gets on my nerves I have to admit.

Whitewater-AGS

darren254 wrote: »

but if you were in a minor damage only RTA during rush hour you can be guaranteed you will be told your on private property:rolleyes:

Blah Blah Blah and its a RTC

Thoie

nice guy always wrote: »

What they said.

What the public think is private property is normally in fact not. A field or a persons driveway are private (but if the drive leads to more than one home its public:D) Law is complicated in more ways than you can imagine.

Would there be any difference between me driving drunk in my field, and doing it in someone else's field? (No, I have no idea why I'd suddenly be drunk AND driving AND in a field either.)

Hooch

Thoie wrote: »

Would there be any difference between me driving drunk in my field, and doing it in someone else's field? (No, I have no idea why I'd suddenly be drunk AND driving AND in a field either.)

:pac::D

No difference. Civil matter of trespass if the other party wanted to pursue it.

wicklaman83

so why attend

maglite

Whitewater-AGS wrote: »

RTC

Was't it moved to an RTI a while back or has reverted

Whitewater-AGS

darren254 wrote: »

so why attend

If your going to try make smart comments at least have an idea of what your talking about:rolleyes:

We attend these only to make sure both parties exchange the necessary details, we dont investigate material damage collisions, thats for insurence companies to do.

Oh and if your still confused as to what a public place is under the rta and whats private property look up the statue books.

wicklaman83

Whitewater-AGS wrote: »

If your going to try make smart comments at least have an idea of what your talking about:rolleyes:

We attend these only to make sure both parties exchange the necessary details, we dont investigate material damage collisions, thats for insurence companies to do.

Oh and if your still confused as to what a public place is under the rtc and whats private property look up the statue books.

wasnt trying to be smart.talking from personal experience.

dont need to look up any books as i have no reason to.

i've corrected the rta/c bit for you and i also got a report from the guards about the accident and the subject was RTA.should I correct him also

Whitewater-AGS

darren254 wrote: »

wasnt trying to be smart.talking from personal experience.

dont need to look up any books as i have no reason to.

i've corrected the rta/c bit for you and i also got a report from the guards about the accident and the subject was RTA.should I correct him also

You can if you like, you could also tell him why its not a rta, but you've no reason to look that up either:)

Irish_polizei

stop wrote: »

Just wondering what's the story with this?
E.g When someone is tearing around the place off their face, but not on a public road, e.g industrial estate which has open road but is 'private', do normal rules apply for AGS in this situation?

Im sure if he posed a threat to him/her self we could sort something out, its not the fact that hes drink driving but the fact that he could injure himself in the process of being under influence...

redpat

goldie fish wrote: »

I prosecuted a similar case some years ago. While the driving was on "private property" we successfully argued that there was no physical or monetary means to prevent public access. Therefor it was a public place for the definition of S49RTA.

What would be the case if you were caught drink driving in a hotel car park and the car park was a charge car park even for guests

taytothief

A bit off-topic I know but is it illegal to cycle a bicycle while drunk on a public road?
(genuinely curious:))

ikb

taytothief wrote: »

A bit off-topic I know but is it illegal to cycle a bicycle while drunk on a public road?
(genuinely curious:))

Yep...and you can loose your license, be banned from driving, etc....Even though you dont require a license to ride the bike in the first place...!!!! How mad is that!

djtechnics1210

taytothief wrote: »

A bit off-topic I know but is it illegal to cycle a bicycle while drunk on a public road?
(genuinely curious:))

Yes it is

Irish_polizei

redpat wrote: »

What would be the case if you were caught drink driving in a hotel car park and the car park was a charge car park even for guests

They are all still considered to be public places...

mcguiver

I remember maybe 4 years ago there was a case in an army barracks. Driver was invited to some event, got drunk, then while driving through the barracks hit pedestrains.

From what I can recall it wasnt covered by Road Traffic Act,but also the Dept.of Defence Act didnt cover it as it was a civvie driving. I'm sure there was no prosecution, although there would be a civil case to be answered.

(Mods please edit/delete if anyone thinks this is still ongong civil case!)

source

redpat wrote: »

What would be the case if you were caught drink driving in a hotel car park and the car park was a charge car park even for guests

Definition in post #2 shows that this is a public place according to the road traffic acts, because the public have access to it "whether by right or by permission and whether subject to or free of charge"