Intoxicated in a public place

LFC5Times

Hi,

Well was out last night and had a good few drinks on me and on my way home I took a shortcut through a field where I know the Gardai hang around outside it looking to catch underage drinking.

So when I finished walking through the field, right enough there was a squad car and with nothing better to do they questioned me even though I was on my way home minding my own business. (a 27 yr old).

They wanted to know where I was etc, I told them I was out drinking with friends and on my way home and took a shortcut through the field as I only live up the road. Not satisfied with that they wanted to know where, I asked them what difference does it make?

They then wanted to know why I walked through that field, I told them because I was on my way home and it was a shortcut and I was at a house party on the other side of the field. They still where not happy in my opinion because I had an issue with them questioning me because I did nothing wrong!!!!!!

They then cuffed me for being drunk in a public place????? WTF

Brought me to the station and while there they questioned me again at the counter and I had serious issue with me even being there so I questioned why I was even brought there, so they threw me in a cell for 1.5 hours and then when some young fella came into the station and was being arrested they took me out of the cell to put him in and told me I was getting an caution for being drunk in public and a liability to myself and others?????

I have never had any dealing with the Gardai in my life, if thats a good thing or bad thing I don't know, but for my first experience I tell you what my opinion of them is not good and Yes I will tar them all with the same brush because the 4 Gardai I dealt with that night where all $%^&*rs.

Rant over, but my problem is my caution is for the most stupid thing ever, they should stand outside a night club and make similar cautions so.

The way I look at it, I was questioned for no reason, they where not happy with my answers because I had a problem with being questioned so they caution me and throw me in a cell for being locked -balls to that.

Before someone comes on and says well I must have been drunk and messing - I wasnt!!! I was less than half a kilometre from my house when they questioned me and it was around 3am in the morning.

Shield

http://www.gardaombudsman.ie/

Cunsiderthis

psni wrote: »

http://www.gardaombudsman.ie/

Why would the garda ombudsman be interested in a case where the person complaining appears to admit that he was drunk in public, and where he was arrested for being drunk in public?

LFC5Times

psni wrote: »

http://www.gardaombudsman.ie/

A watse of time imo, will takes years to get sorted and then they will say they are applying the law because I was drunk in a public place, my problem is it's a joke and they took the pi$$.

Sykk

Gardai in small towns usually have nothing to do all day, so the odd one that's bored or pee-d off can go off and arrest someone for pretty much no good reason.

Have seen it happened a few times, and have been stopped and questioned myself a few times for absolutely no aparent reason.

meditraitor

LFC5Times wrote: »

Hi,

Well was out last night and had a good few drinks on me and on my way home I took a shortcut through a field where I know the Gardai hang around outside it looking to catch underage drinking.

So when I finished walking through the field, right enough there was a squad car and with nothing better to do they questioned me even though I was on my way home minding my own business. (a 27 yr old).

They wanted to know where I was etc, I told them I was out drinking with friends and on my way home and took a shortcut through the field as I only live up the road. Not satisfied with that they wanted to know where, I asked them what difference does it make?

They then wanted to know why I walked through that field, I told them because I was on my way home and it was a shortcut and I was at a house party on the other side of the field. They still where not happy in my opinion because I had an issue with them questioning me because I did nothing wrong!!!!!!

They then cuffed me for being drunk in a public place????? WTF

Brought me to the station and while there they questioned me again at the counter and I had serious issue with me even being there so I questioned why I was even brought there, so they threw me in a cell for 1.5 hours and then when some young fella came into the station and was being arrested they took me out of the cell to put him in and told me I was getting an caution for being drunk in public and a liability to myself and others?????

I have never had any dealing with the Gardai in my life, if thats a good thing or bad thing I don't know, but for my first experience I tell you what my opinion of them is not good and Yes I will tar them all with the same brush because the 4 Gardai I dealt with that night where all $%^&*rs.

Rant over, but my problem is my caution is for the most stupid thing ever, they should stand outside a night club and make similar cautions so.

The way I look at it, I was questioned for no reason, they where not happy with my answers because I had a problem with being questioned so they caution me and throw me in a cell for being locked -balls to that.

Before someone comes on and says well I must have been drunk and messing - I wasnt!!! I was less than half a kilometre from my house when they questioned me and it was around 2am in the morning.

Why didnt you just tell them were you were? You said yourself the park is a known underage drinking spot so I presume there suspicions are warranted.

LFC5Times

meditraitor wrote: »

Why didnt you just tell them were you were? You said yourself the park is a known underage drinking spot so I presume there suspicions are warranted.

I'm clearly not underage and I wasn't drinking down there and it's none of their business where I was. I told them I walked through the field as it's a shortcut and I was on my way home. Plus if you read my post I told them I was at a house party on other side of field.

deadwood

O.P.,

Have you a query or did you just want to blow off a wee bit of steam?

meditraitor

LFC5Times wrote: »

I'm clearly not underage and I wasn't drinking down there and it's none of their business where I was. I told them I walked through the field as it's a shortcut and I was on my way home. Plus if you read my post I told them I was at a house party on other side of field.

See thats your problem, you believe the guards have no right to question you if they have suspicions (you were walking through a notorious underage drinking park, I presume drinking is not the only illegal activity there).
They have every right.....

I'm giving you diamonds here, don't be a smart arse to the cops or they will take you in, simple as.

LFC5Times

deadwood wrote: »

O.P.,

Have you a query or did you just want to blow off a wee bit of steam?

Both I guess.

What can be done in a situation like this? Seems nothing I think its over the top and police bored and looking for something to do and harass people to make their night shift go quicker.

Can you complain about it? Seems not, you go to the sergeant /superintendant in the police station and they are not going to give a to$$ and will assume that their officers where right etc.

Why are people coming out of nightclubs/pubs not cautioned for being drunk in a public place?

LFC5Times

meditraitor wrote: »

See thats your problem, you believe the guards have no right to question you if they have suspicions (you were walking through a notorious underage drinking park, I presume drinking is not the only illegal activity there).
They have every right.....

I'm giving you diamonds here, don't be a smart arse to the cops or they will take you in, simple as.

You right about going along withe police and giving them the answers they want.

In relation to your first point, I feel I told them enough when I said I was walking through the field and was coming from a house - the fact I questioned them before telling them that annoyed them.

At 3am on a Monday morning there isnt going to be too much underage drinking. I am not underage and told them where I lived and was heading there when they stopped me.

It was the way the Gardai acted liked tw@ts is what annoyed me. Little boggers on a powertrip.

Cunsiderthis

LFC5Times wrote: »

You right about going along withe police and giving them the answers they want.

In relation to your first point, I feel I told them enough when I said I was walking through the field and was coming from a house - the fact I questioned them before telling them that annoyed them.

At 3am on a Monday morning there isnt going to be too much underage drinking. I am not underage and told them where I lived and was heading there when they stopped me.

It was the way the Gardai acted liked tw@ts is what annoyed me. Little boggers on a powertrip.

do you just want to come her and give out, or do you want to find some answers to questions?

LFC5Times

Cunsiderthis wrote: »

do you just want to come her and give out, or do you want to find some answers to questions?

See my post above asking question(s)

deadwood

LFC5Times wrote: »

...and Yes I will tar them all with the same brush because the 4 Gardai I dealt with that night where all $%^&*rs.

LFC5Times wrote: »

...Little boggers on a powertrip.

Good questions.

I refer you to psni's advice above.

syklops

LFC5Times wrote: »

See my post above asking question(s)

If you were this evasive when you were being questioned, no wonder you got arrested.

TheNog

LFC5Times wrote: »

Hi,

Well was out last night and had a good few drinks on me and on my way home I took a shortcut through a field where I know the Gardai hang around outside it looking to catch underage drinking.

So when I finished walking through the field, right enough there was a squad car and with nothing better to do they questioned me even though I was on my way home minding my own business. (a 27 yr old).

LFC5Times wrote: »

I have never had any dealing with the Gardai in my life,

For a fella who has had no dealings with Gardai you sure seem to think you know alot about them

LFC5Times wrote: »

Sick mate, yeh your right about getting the CCTV footage and heading up to the local schools, you can be sure those in the school would have known the pupils.

The thing is the Gardai have no interest in chasing after a stolen bike, they would rather sit in the station reading the paper, having a laugh then going after someones bike.

LFC5Times wrote: »

They wanted to know where I was etc, I told them I was out drinking with friends and on my way home and took a shortcut through the field as I only live up the road. Not satisfied with that they wanted to know where, I asked them what difference does it make?

They then wanted to know why I walked through that field, I told them because I was on my way home and it was a shortcut and I was at a house party on the other side of the field. They still where not happy in my opinion because I had an issue with them questioning me because I did nothing wrong!!!!!!

You are leaving out something here at the end. Your post is quite detailed in describing the events until your last sentence which is quite vague.

LFC5Times wrote: »

They then cuffed me for being drunk in a public place????? WTF

you did say you were locked so can you remember everything of last night?

LFC5Times wrote: »

but for my first experience I tell you what my opinion of them is not good and Yes I will tar them all with the same brush because the 4 Gardai I dealt with that night where all $%^&*rs.

Are you really 27 yr old cos this is a fairly immature statement to make.

LFC5Times wrote: »

Rant over, but my problem is my caution is for the most stupid thing ever, they should stand outside a night club and make similar cautions so.

Intoxication in a public place is not the most stupidest thing ever.

Living at home with your mum is....

LFC5Times wrote: »

Basically I have washed a few white t-shirts/shirts there yesterday and on most of them there where the odd little speck of muck on them.

This little speck of muck must of come from when my Mum washed my brothers rugby gear and some excess little bits of muck stayed in the washing machine.

How would I go about cleaning it to get rid of any muck that may be inside the machine?

Thanks

FreudianSlippers

The thing about the Gardaí is that they aren't out to just arrest you for nothing. You can be drunk all you want in public once they don't feel you're so drunk that you may pose a danger to yourself or others.
For example, about 2 months ago I was headed to my girlfriend's apartment after a night out with some friends... I was locked!
Approached by 2 Gardaí while walking down the lane to the main door of her building. They were looking for someone who had been reported for having assaulted someone earlier in the area. They just asked me who I was, what I did, where I was earlier.
I co-operated and told them the truth in a rational and reasonable way (even though I was drunk) and they let me go on my merry way (obviously it wasn't me that did the assault lol).

Moral of the story is, if you didn't do anything wrong, don't get defensive or aggressive with the Gardaí and they probably won't do anything to you.

They asked you where you were drinking... is this not a reasonable enough question?
They asked me the same questions, plus what I did for work and to show ID - I did nothing wrong, but rather than have a tantrum about it, I just showed them my ID, told them where I was and told them what I did.

LFC5Times

TheNog wrote: »

For a fella who has had no dealings with Gardai you sure seem to think you know alot about them







You are leaving out something here at the end. Your post is quite detailed in describing the events until your last sentence which is quite vague.



you did say you were locked so can you remember everything of last night?




Are you really 27 yr old cos this is a fairly immature statement to make.



Intoxication in a public place is not the most stupidest thing ever.

Living at home with your mum is....

How sad are you? To go back checking my previous posts? What a sad sad man, get a life please :rolleyes:

You probably are a guard too.

meditraitor

LFC5Times wrote: »

How sad are you? To go back checking my previous posts? What a sad sad man, get a life please :rolleyes:

You probably are a guard too.

Relax man, its only the internet..... we wont arrest you

TheNog

LFC5Times wrote: »

You probably are a guard too.

LFC5Times

TheNog wrote: »

Thought so

Shield

LFC5Times wrote: »

How sad are you? To go back checking my previous posts?

You probably are a guard too.

TheNog wrote: »

LFC5Times wrote: »

Thought so

http://www.gardaombudsman.ie/

tenchi-fan

You cannot win a battle of wits with gardai when you are drunk in a public place!

Why? Because it is an offence to be drunk in a public place!! If they can't win the battle of wits they're perfectly entitled to arrest you.

IF you read their report it will be a typical gombeen garda report that indeed confirms you were drunk in a public place.

lawrose

I think what everyone seems to be losing sight of in this post is that there is no such offence of being intoxicated in a public place.

Section 4 of the Criminal Justice (Public Order) Act 1994 is:
"It shall be an offence for any person to be present in any public place while intoxicated to such an extent as would give rise to a reasonable apprehension that he might endanger himself or any other person in his vicinity."

It's not enough to just be drunk - you must be seen to be a danger to yourself or others.

I would recommend the OP go down to the station and apologise - even if he feels there is nothing to apologise for. He can explain to them (again) that he had a few drinks with friends at a house party, was taking a shortcut across the field and was headed home - which was just down the road. He can apologise for getting ratty with the Gardai.

I do think they came over very heavy handed on the whole thing - why they don't just send someone home with a word in their ear, I'll never know. I've represented a lot of clients summonsed under S.4 and S.6 and a lot of the time it seems the Gardai are just going over the top. Of course, there are plenty of people who are arrested for these offences who are absolutely scuttered drunk and are clearly a danger to themselves - but someone quietly walking home....???

Cunsiderthis

LFC5Times wrote: »

How sad are you? To go back checking my previous posts? What a sad sad man, get a life please :rolleyes:

You probably are a guard too.

Wow, what an attitude!

MagicSean

The funny thing is that if you had not been ignorant with them from the start they probably would have offered you a lift home. The fact of the matter is you were intoxicated in a public place and trespassing as well. I dont think trespassing is on the adult caution scheme so they probably gave you a caution for being drunk so you wouldnt have to go to court.

In relation to being intoxicated in a public place they also have to prove you were a danger to yourself or others. However this is not a difficult thing to prove. All they have to say is that you were stumbling and unsteady on your feet and that is usually accepted by a judge.

Are you sure you were arrested under the public order act and not for a drugs search. From your behaviour as you described and the situation itself I would say this is more likely the case. Coming out of a field and looking under the influence as well as being evasive when questioned are grounds for a search under Section 23 of the misuse of drugs act.

Also, I think Gardaí in Dublin areas can also question someone and search them if there has been a theft or burglary nearby. This could also be the reason you were stopped at this time of the night coming out of private property and asked so many questions.

LFC5Times

k_mac wrote: »

The funny thing is that if you had not been ignorant with them from the start they probably would have offered you a lift home. The fact of the matter is you were intoxicated in a public place and trespassing as well. I dont think trespassing is on the adult caution scheme so they probably gave you a caution for being drunk so you wouldnt have to go to court.

In relation to being intoxicated in a public place they also have to prove you were a danger to yourself or others. However this is not a difficult thing to prove. All they have to say is that you were stumbling and unsteady on your feet and that is usually accepted by a judge.

Are you sure you were arrested under the public order act and not for a drugs search. From your behaviour as you described and the situation itself I would say this is more likely the case. Coming out of a field and looking under the influence as well as being evasive when questioned are grounds for a search under Section 23 of the misuse of drugs act.

Also, I think Gardaí in Dublin areas can also question someone and search them if there has been a theft or burglary nearby. This could also be the reason you were stopped at this time of the night coming out of private property and asked so many questions.

Well this is where there is a difference of opinion, I know I did nothing wrong and was on my way home so don't appreciate being questioned as to where I was and what I was doing.

I did nothing wrong and was minding my own business and was a 2 min walk from my house.

I dont go around askin people in town or Gardai where were they or what where they do, why they where walking through a field.

I appreciate the point about a burgalry but I think it was quite clear I wasn't a burglar and unlikely to commit one. Where the party was on was still going so they could have check if I was there or not.

I also don't appreciate getting a punch in the neck from a Garda in a station while my hands are cuffed behind my back and having a big bump on the back of my head because the punch in the neck made me bang my head against a wall. I asked him why he punched me "to shut you up" because I was protesting my innocence and reason for being down there.

Anyway no point in doing anything about the punch in the neck because I won't be able to prove it and it was done in the corner of the station on purpose I would say.

However the moral of the story is that I probably should of just answered the questions sooner and without questioning my questioning because I would have been on my way. Put it down to one of those things where the Garda have a licence to question and do what they want within reason and get on with it.

Cunsiderthis

LFC5Times wrote: »

Well this is where there is a difference of opinion, I know I did nothing wrong and was on my way home so don't appreciate being questioned as to where I was and what I was doing.

I did nothing wrong and was minding my own business and was a 2 min walk from my house.

I dont go around askin people in town or Gardai where were they or what where they do, why they where walking through a field.

That's the difference. I am delighted the gardaí stop and question people who they think might be suspicious. If they did not our society would be a lot worse for it.

You seem to be unable to see the situation in any other terms than from your own viewpoint, rather than from the viewpoint of society in general, and I welcome the fact that the gardaí stop and question anyone who they think is acting unusually or suspiciously.

LFC5Times

Cunsiderthis wrote: »

That's the difference. I am delighted the gardaí stop and question people who they think might be suspicious. If they did not our society would be a lot worse for it.

You seem to be unable to see the situation in any other terms than from your own viewpoint, rather than from the viewpoint of society in general, and I welcome the fact that the gardaí stop and question anyone who they think is acting unusually or suspiciously.

I appreciate what you are syaing and do agree with you.

I think with a few drinks on me and minding my own business I took exception to being question, knowing full well I did nothing wrong. Thats probably the main thing.

However I just think they overreacted and from speaking with a couple of Garda I know yesterday they told me the Garda probably should of given me a warning and told me to go home and next time give them the answers they want.

But do you approve of a member of An Garda punching a person in the neck?

Cunsiderthis

LFC5Times wrote: »

I appreciate what you are syaing and do agree with you.

I think with a few drinks on me and minding my own business I took exception to being question, knowing full well I did nothing wrong. Thats probably the main thing.

However I just think they overreacted and from speaking with a couple of Garda I know yesterday they told me the Garda probably should of given me a warning and told me to go home and next time give them the answers they want.

Sure, you took exception and seem to be unable to get beyond your anger and personal experience. That's what I said in my previous post.

LFC5Times wrote: »

But do you approve of a member of An Garda punching a person in the neck?

I always make it a golden rule never to answer rhetorical questions!

MagicSean

LFC5Times wrote: »

I appreciate what you are syaing and do agree with you.

I think with a few drinks on me and minding my own business I took exception to being question, knowing full well I did nothing wrong. Thats probably the main thing.

However I just think they overreacted and from speaking with a couple of Garda I know yesterday they told me the Garda probably should of given me a warning and told me to go home and next time give them the answers they want.

But do you approve of a member of An Garda punching a person in the neck?

No. But if you are unruly in the Garda station they can use force to restrain you. How exactly were you "protesting your innocence?" If you were handcuffed though there should have been no reason to punch you.

The Gardaí you know are probably paying you lip-service. They probably don't want to tell you that you were being a bit of an ass and they would have arrested you too. The situation you were in and your behaviour made you a very suspicious person. Giving you a warning when they weren't sure what you were up to and didn't believe your story would have been very remiss of them in my opinion.

Cunsiderthis

k_mac wrote: »

No. But if you are unruly in the Garda station they can use force to restrain you. How exactly were you "protesting your innocence?" If you were handcuffed though there should have been no reason to punch you.

The Gardaí you know are probably paying you lip-service. They probably don't want to tell you that you were being a bit of an ass and they would have arrested you too. The situation you were in and your behaviour made you a very suspicious person. Giving you a warning when they weren't sure what you were up to and didn't believe your story would have been very remiss of them in my opinion.

No matter how many times you say this, the OP seems unable to consider anything beyond his own situation and his own anger. You're knocking your head against a brick wall here trying to have a logical discussion.

pirelli

TheNog wrote: »

Are you really 27 yr old cos this is a fairly immature statement to make.

Intoxication in a public place is not the most stupidest thing ever.

Living at home with your mum is....

The Op has a point. Bringing an innocent enough post from his post history into this thread that really has no relavance and is mischievous. The OP has said he was 27 and then you call him immature. Talk about being atagonistic.

If a garda is conducting an investigation or inquiry then ultimately he would have been told in one way or another. They haven't and lawrose has said this type of behaviour is common enough under sec 4. and 6.

I personnally would not like to see any citizen arrested because he didn't seem genial enough, particuarly if he is on his own and quietly walking home along a right of way. hen he is assaulted down at the garda station bearing in mind this is so close to his home.

The law of geniality doesn't seem to apply to NOG or in this case the legal forum so why should this young gentleman be subjected to this abuse.

What makes walking home from a social occasion such a criminal offfence. Is there a curfew in ireland?

TheNog

pirelli wrote: »

The Op has a point. Bringing an innocent enough post from his post history into this thread that really has no relavance and is mischievous. The OP has said he was 27 and then you call him immature. Talk about being atagonistic.

I wasnt being atagonist in saying one comment was immature for just for the hell of it. I dont know the OP and neither do you or anyone else here so I was stating that it is possible the OP is or was immature which may have gotten him arrested for saying or doing something so stupid.

If a garda is conducting an investigation or inquiry then ultimately he would have been told in one way or another. They haven't and lawrose has said this type of behaviour is common enough under sec 4. and 6.

The OP said he had a fair few drinks on him and as far as he is concerned nothing was explained him. Do you know how many people come a Garda station the next day wondering why they have charge sheets in their pockets? The answer is some actually do even though they say they remember everything of the night before. Cases of people drinking to the extreme are quite common. This maybe the case here or it may not and we will never know because none of us were there.

As for Lawrose's comment, he/she appears to be a solicitor and while I do respect the opinion given I will say Lawrose only has limited involvement in a public order incident. Lawrose's involvement is only at the court stage whereas the Garda giving the evidence has experience of the entire incident.

I personnally would not like to see any citizen arrested because he didn't seem genial enough, particuarly if he is on his own and quietly walking home along a right of way. hen he is assaulted down at the garda station bearing in mind this is so close to his home.

Do you not find it strange the OP made no suggestion he was assualted at the station in his first 4,5or 6 posts (I didnt count how many posts) in this thread? It would be reasonably considered that if the OP was assaulted then this would be mentioned in his first post and it would be the most prevalent point made along with his belief that he was wrongfully arrest.

Also there was a suggestion for the OP to contact the Garda Ombudsman, with link provided, but this was dismissed by the OP as a waste of time. Again reasonable person who had been assualted would make it their business to make a complaint.

The law of geniality doesn't seem to apply to NOG or in this case the legal forum so why should this young gentleman be subjected to this abuse.

Not so, I simply read the OPs first post and then read between the lines. I already asked the OP to answer why he was able to give good detail of his whereabouts and the questions he was asked by the Gardai but left his original post very vague of what he said to them to get himself arrested. Do you not think this is also strange?

What makes walking home from a social occasion such a criminal offfence. Is there a curfew in ireland?

There is no curfew and no offence of walking home from a social occasion but if you are naive enough to take everything that has been posted by the OP at face value and not ask any type of question, well I dont know.

One thing I have learned is there is always two sides to a story. Accept one side of a story without hearing the other story at your peril!!!!!!!!

funnyname

Best thing to do when questioned by a Garda is answer all questions, don't get smart and if you've don't nothing wrong then that'll be it.