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When to stop for Garda?

  • 16-09-2010 11:55pm
    #1
    Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭


    In ROTR we can find the following:
    You must do the following if a Garda asks you to:
    (...)
    - Stop your vehicle and allow a Garda to check it for defects.
    (...)
    Other controls on road users

    • Officials from the Revenue Commissioners including Customs may also stop and examine vehicles.
    • Your vehicle may also be impounded by a Revenue Official and/or Gardaí.
    • You may also be stopped by the Gardaí working with Transport Officers
      from the Road Safety Authority who will check the Tachograph and
      Operator's Licence.

    Inspired by the thread about off-duty garda powers, I started looking, but didn't find anywhere how are they supposed to stop vehicles.

    In other words, I'm driving a vehicle and someone gives me signal to stop. Few questions comes into my mind:
    - How can I know that a person is a real Garda or any of the above (customs, transport officers).
    - How does the signal should look like. In other words, how can I be sure if he is signalling me to stop, and not just waving his hand?
    - Is garda supposed to be in uniform in order to stop vehicles?
    - How can they give signals from garda car, or even more confusing, from undercover garda car?

    In every country that I had any contact with traffic regulations, there are very precise form of decripition of ways police is allowed to stop cars?
    How does it work in Ireland?
    I tried looking at regulations considering that subject, but didn't find anything so far.


«1

Comments

  • Registered Users, Registered Users 2 Posts: 28,731 ✭✭✭✭drunkmonkey


    CiniO wrote: »
    In other words, how can I be sure if he is signalling me to stop, and not just waving his hand?

    There usually just being friendly when there waiving.


  • Closed Accounts Posts: 19,986 ✭✭✭✭mikemac


    Good thread realy

    You're driving a 60k Mercedes home from the nightclub at 3am

    Ordinary car behind you starts flashing lights and has a siren
    I can buy both on ebay.

    They drive right behind you aggressively, then drive past you and in front of you.
    You stop behind them

    How do you know you aren't about to be carjacked?
    Should you even stop? Maybe call a local station to see can they be identified?


  • Registered Users, Registered Users 2 Posts: 155 ✭✭Muas Tenek


    These are the hand signals
    http://www.drivingschoolireland.com/garda.html
    also if you see the blue flashing lights in your mirror and the occupants in the car are pointing towards the left side of the road.


  • Moderators Posts: 12,408 ✭✭✭✭Black_Knight


    Should you even stop? Maybe call a local station to see can they be identified?
    2 points, talking on the phone while driving!


  • Registered Users, Registered Users 2 Posts: 3,800 ✭✭✭Neilw


    2 points, talking on the phone while driving!

    The mobile phone law allows you to make emergency calls.


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  • Closed Accounts Posts: 19,986 ✭✭✭✭mikemac


    2 points, talking on the phone while driving!

    My post was about carjacking.
    The OP's post was about stopping for unidentified persons

    And we get a reply about penalty points :D

    Should I edit my post to state something about a hands free kit?


  • Registered Users, Registered Users 2 Posts: 62 ✭✭Connie_c28


    By law you don't have to stop for an unmarked car or a Gardai who is not in full uniform. You do however have to proceed to the nearest gardai station and advise them that you think you were being waved in.


  • Registered Users, Registered Users 2 Posts: 14,423 ✭✭✭✭Potential-Monke


    By law you don't have to stop for an unmarked car or a Gardai who is not in full uniform. You do however have to proceed to the nearest gardai station and advise them that you think you were being waved in.

    x2 If you do decide to stop, you can ask the Garda for production of their official identification through a barely open window while your doors are locked. If you're still in doubt tell the Garda that you will drive to the nearest station and talk to them there. However, it's not anywhere near a common occurence.


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    By law you don't have to stop for an unmarked car or a Gardai who is not in full uniform. You do however have to proceed to the nearest gardai station and advise them that you think you were being waved in.

    x2 If you do decide to stop, you can ask the Garda for production of their official identification through a barely open window while your doors are locked. If you're still in doubt tell the Garda that you will drive to the nearest station and talk to them there. However, it's not anywhere near a common occurence.

    Both these sounds reasonable.
    I'll try to browse the statute book tomorrow again, to make sure that's exactly what law says about it.
    Thanks.


  • Registered Users, Registered Users 2 Posts: 284 ✭✭Bumpstop


    I was in Clare, driving around on holiday in my teenage years. I overtook a normal car on a straight section of road. It drove up behind me flashing it lights and blowing it's horn. I thought to myself oh I just can't be doing with this, and thinking it was just someone who didn't like being over taken, I pulled over to the left as close as I could to let him overtake me, and go about his business.

    As he passed me he pulled over on top of me and slowed down blocking me and forcing me to slow down and pull over. We both stopped, me a little behind him. I waited for him to get out, and then just as he got to the rear of his car I drove around him and took off.( just presuming he was some sort of nut )

    Now this was many years ago and I was younger, I never thought anymore about it. A few weeks later at my parents house the garda arrived at the door. Major deal, They were very rude to my parents, and told me I was being charged with dangerous driving and not stopping for an off duty garda. ( the car I overtook).

    I told them that was fine and I wanted to, report the same car for dangerous driving and unlawfull detainment or kidnapping( well I told you I was younger). They were taken by surprise and I gave them a statement, detailing how the car forced me off the road.

    A few days later they called back, a little more subdued, and told me they were dropping the charges, and would I consider dropping mine. Yes no problem garda. I had other things on my mind, girls drink etc.

    I can only think the off duty garda in the car exceded his powers somehow as when I threatened counter action they backed off. very odd incident, many moons ago though.


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  • Banned (with Prison Access) Posts: 1,229 ✭✭✭sesna


    Bumpstop wrote: »
    I can only think the off duty garda in the car exceded his powers somehow as when I threatened counter action they backed off. very odd incident, many moons ago though.

    I remember getting a lift home with my friend and his dad many years ago. His dad was a garda and off-duty at the time, and we came upon an obviously drunk driver on the road travelling in the same direction - car was swerving over and back across the white line, cutting corners, driving far below the speed limit.

    The off-duty garda pulled over the driver, took his keys and said he could pick them up from the garda station the next day.

    Just wondering from a legal perspective if he had a right to do this also ? I would imagine so, and that he was quite right in so doing.


  • Registered Users, Registered Users 2 Posts: 14,423 ✭✭✭✭Potential-Monke


    Nothing at all illegal with what that Garda done, and to be honest the drunk driver was very lucky, personally i would have called the Gardai and followed the driver until they arrived.


  • Banned (with Prison Access) Posts: 1,229 ✭✭✭sesna


    Nothing at all illegal with what that Garda done, and to be honest the drunk driver was very lucky, personally i would have called the Gardai and followed the driver until they arrived.

    Agreed he was lucky. Although the drunk driver did get stranded in the middle of nowhere (15 miles to nearest town) :pac:


    This was in the era before mobile phones were widespread, none of us had one (early nineties).


  • Registered Users, Registered Users 2 Posts: 3,137 ✭✭✭Balfie


    my mate done that, followed a drunk driver, rang the garda in lucan village to tell them he was behind a drunk driver, they said a patrol car was on the way, he was a distance behind but gave a accurate description of where he was going, garda car got there, arrested the fella for drink driving then proceeded to take a statement from my mate, then ask where his hands free kit was for in the car, he hadn't got one so was slapped wit 2 penalty points, contested it in court and the judge said nothing cud be done, he broke the law by using his fone whilst driving, I'm not trying to deter people from calling the garda when a drunk driver is spotted, that fella could have killed someone down the road, no one will ever know, but just make sure ya cover ur own arse when it comes to it :D


  • Registered Users, Registered Users 2 Posts: 14,423 ✭✭✭✭Potential-Monke


    Thats bad form, but i suppose the Garda had to do it, to cover himself in court, solicitor for defence could get the case thrown out for a biased view, claiming that the Garda specifically targeted him.


  • Registered Users, Registered Users 2 Posts: 8,753 ✭✭✭qz


    Or your friend should just have said that he had the phone on loudspeaker and it was sitting on the passenger seat, as the offence is to hold a mobile phone, not necessarily to use one.


  • Closed Accounts Posts: 3,946 ✭✭✭BeardyGit


    As previously stated in this thread, making an 'emergency' call while driving is permitted by law. Let's cut out the pub talk, eh?

    What constitutes a genuine emergency call will be open to interpretation, but in fairness a call to the Garda to assist them in locating a drunk driver who's endangering the public would be pretty likely to qualify.

    IF that actually happened (and I'm sorry, but I doubt it) your mate could have easily contested this if he wanted to instead of accepting the points and fine.


  • Registered Users, Registered Users 2 Posts: 22 titanium_x




  • Registered Users, Registered Users 2 Posts: 2,780 ✭✭✭sentient_6


    CiniO wrote: »
    I'll try to browse the statute book tomorrow again

    This isn't the first time i've seen you on about about what the law/statute book/rules & regulations precisely say. I'm curious as to why your so into the letter of the law? What are you afraid of? Can't stand when people talk like oh the law says this or the law says that. 'Trambling on my rights!!!' :rolleyes:

    Instead i hope your actually a law student doing a thesis on traffic laws or enforcement.


  • Posts: 23,339 ✭✭✭✭ [Deleted User]



    How do you know you aren't about to be carjacked?
    Should you even stop?

    When they pull over it's fairly easy to identify at a glance if the car is an unmarked police car. If it's one of the fancy ones that folks claim are impossible to spot ( I don't believe they exist, despite having a peak in the local Garda HQ every now and then ) then don't open your door or get out.


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  • Closed Accounts Posts: 817 ✭✭✭Mr Magners


    Balfie wrote: »
    my mate done that, followed a drunk driver, rang the garda in lucan village to tell them he was behind a drunk driver, they said a patrol car was on the way, he was a distance behind but gave a accurate description of where he was going, garda car got there, arrested the fella for drink driving then proceeded to take a statement from my mate, then ask where his hands free kit was for in the car, he hadn't got one so was slapped wit 2 penalty points, contested it in court and the judge said nothing cud be done, he broke the law by using his fone whilst driving, I'm not trying to deter people from calling the garda when a drunk driver is spotted, that fella could have killed someone down the road, no one will ever know, but just make sure ya cover ur own arse when it comes to it :D

    That's really hard to read, a few fullstops or paragraphs would be great.

    Good story though :)


  • Closed Accounts Posts: 3,946 ✭✭✭BeardyGit


    sentient_6 wrote: »
    This isn't the first time i've seen you on about about what the law/statute book/rules & regulations precisely say. I'm curious as to why your so into the letter of the law? What are you afraid of? Can't stand when people talk like oh the law says this or the law says that. 'Trambling on my rights!!!' :rolleyes:

    Instead i hope your actually a law student doing a thesis on traffic laws or enforcement.

    Cinio's from Poland. He's trying to ensure he has a clear understanding of how Irish law affects him when he's driving in his car, to ensure he falls on the right side of the line if ever he has cause to deal with the Gardaí. It's to be commended. It's a shame more of both the national and international communities living in Ireland don't do the same. We'd have less of the kind of **** we all see on the roads each day I imagine.

    In a nutshell Cinio, you stop when you're satisfied it's a member of the agencies permitted to stop you by law, or when you reach the nearest Garda station - Whichever comes first. Signals to be used aren't defined, but you'll know when a member of AGS wants you to pull over. If you ever believe you've been stopped by a 'fake', take their registration number and call the Gardaí afterwards with a description of the car, the occupants and a request that they verify it was a member of AGS, especially in the case of unmarked vehicles.

    Be discrete though, as a moment of lapsed concentration or a minor offense may have just caught the attention of a detective on his way elsewhere, so don't go sticking up registrations/photo's from your phone on the forums. These folks have other things to do that are more important for all of us. ;)


  • Moderators, Politics Moderators Posts: 41,647 Mod ✭✭✭✭Seth Brundle


    Muas Tenek wrote: »
    These are the hand signals
    http://www.drivingschoolireland.com/garda.html
    also if you see the blue flashing lights in your mirror and the occupants in the car are pointing towards the left side of the road.
    I had a car with blues flash behind me on the Blanch bypass only for the ordinary looking car to speed past with a couple of skangers sitting inside it!
    Sure the IRA made great use for years of having pretend garda cars (I'm not suggesting that the criminal elements are doing this nowadays but stranger things have happened)!
    Balfie wrote: »
    my mate done that, followed a drunk driver, rang the garda in lucan village to tell them he was behind a drunk driver, they said a patrol car was on the way, he was a distance behind but gave a accurate description of where he was going, garda car got there, arrested the fella for drink driving then proceeded to take a statement from my mate, then ask where his hands free kit was for in the car, he hadn't got one so was slapped wit 2 penalty points, contested it in court and the judge said nothing cud be done, he broke the law by using his fone whilst driving, I'm not trying to deter people from calling the garda when a drunk driver is spotted, that fella could have killed someone down the road, no one will ever know, but just make sure ya cover ur own arse when it comes to it :D
    You are allowed to contact the emergency services:
    (7) It is a defence for a person charged with an offence under subsection (3), in relation to holding a mobile phone while driving a mechanically propelled vehicle, or under subsection (6), in relation to the use of a mobile phone or an in-vehicle communication device, to show that he or she was—
    (a) using it to call the Garda Síochána, an ambulance, fire or other emergency service on numbers prescribed for such service, or
    (b) involved in or acting in response to a genuine emergency.
    See http://www.irishstatutebook.ie/2006/en/act/pub/0023/sec0003.html#sec3
    qz wrote: »
    Or your friend should just have said that he had the phone on loudspeaker and it was sitting on the passenger seat, as the offence is to hold a mobile phone, not necessarily to use one.
    How then would they dial whilst still being in control of the car?


  • Registered Users, Registered Users 2 Posts: 20,845 ✭✭✭✭cormie


    I'd be like Cinio myself, from what I've read before, he also drives for a living. Thanks for the statute links on the emergency call element, good to know that doing the right thing although may deter your driving quality somewhat, won't get you points!

    There's a lot of hear say on these boards and there's nothing more reassuring than a quote from the statute books to clear things up :)


  • Moderators, Politics Moderators Posts: 41,647 Mod ✭✭✭✭Seth Brundle


    glad to help.


  • Registered Users, Registered Users 2 Posts: 8,718 ✭✭✭Matt Simis


    kbannon wrote: »
    How then would they dial whilst still being in control of the car?

    Voice Command, nearly all phones have them. Or he pulled over, dialed, loudspeaker from then on. The possibilities for a good defense are massive, either he had no solicitior or no clue how to defend himself to loose that case.

    There would be no freaking way I would be taking the 2 points as punishment for going out of my way to assist the Emergency services.


  • Moderators, Politics Moderators Posts: 41,647 Mod ✭✭✭✭Seth Brundle


    Matt Simis wrote: »
    There would be no freaking way I would be taking the 2 points as punishment for going out of my way to assist the Emergency services.
    There is no points incurred for calling the gardai as I have already pointed out. I doubt Balfie's friend was telling them the truth.


  • Registered Users, Registered Users 2 Posts: 22,815 ✭✭✭✭Anan1


    kbannon wrote: »
    I had a car with blues flash behind me on the Blanch bypass only for the ordinary looking car to speed past with a couple of skangers sitting inside it!
    That'd be DS.;)


  • Registered Users, Registered Users 2 Posts: 1,028 ✭✭✭anthony4335


    You have to stop, when directed by a member of the Gardai. That is very plain and simple. However what is not simple, is they have to identify themselves as Gardai before you can know, which is usually a white mondeo with the word Garda printed on the side. But an off duty Garda whould have no way to identify himself ,and therefore could not and should expect anyone to stop. And has no legal right to chase you or try and force you off the road unless he has reason that you are a reasonable danger to the public. He should just contact the nearest Garda station and have a patrol car make the stop.


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  • Banned (with Prison Access) Posts: 4,991 ✭✭✭mathepac


    Mr Magners wrote: »
    ... Good story though smile.gif
    Creative writing candidate maybe, like James Joyce with no conventional paragraphs or punctuation :)?
    kbannon wrote: »
    ... How then would they dial whilst still being in control of the car?
    Matt Simis wrote: »
    Voice Command, ...
    +1 or good old -fashioned speed-dial, no need to pick the phone up with either.


  • Moderators, Politics Moderators Posts: 41,647 Mod ✭✭✭✭Seth Brundle


    Voice commands and speed dial require the number of the garda station or trafficwatch to be stored on the phone which is unlikely.
    Anyhow, as I have already mentioned, it doesn't matter because you can use your phone to contact the emergency services. I'm sorry if I wasn't clear earlier.


  • Registered Users, Registered Users 2 Posts: 23,312 ✭✭✭✭Esel
    Not Your Ornery Onager


    Connie_c28 wrote: »
    By law you don't have to stop for an unmarked car or a Gardai who is not in full uniform.
    Yes, the garda must be wearing a garda hat. Fact.
    kbannon wrote:
    From http://www.irishstatutebook.ie/2006/en/act/pub/0023/sec0003.html#sec3

    (7) It is a defence for a person charged with an offence under subsection (3), in relation to holding a mobile phone while driving a mechanically propelled vehicle, or under subsection (6), in relation to the use of a mobile phone or an in-vehicle communication device, to show that he or she was
    (a) using it to call the Garda Síochána, an ambulance, fire or other emergency service on numbers prescribed for such service, or
    (b) involved in or acting in response to a genuine emergency.
    cormie wrote: »
    I'd be like Cinio myself, from what I've read before, he also drives for a living. Thanks for the statute links on the emergency call element, good to know that doing the right thing although may deter your driving quality somewhat, won't get you points!

    There's a lot of hear say on these boards and there's nothing more reassuring than a quote from the statute books to clear things up :)
    See the bit about 'on numbers prescribed for such service'? To be safe, be sure you call 999 or 112 only, not Traffic Watch or the local station!

    Sorry for shouting in the Statute extract. :D

    Not your ornery onager



  • Moderators, Politics Moderators Posts: 41,647 Mod ✭✭✭✭Seth Brundle


    There is (AFAIK) no definition of prescribed number there so as I understand it, so any garda station phone is a number prescribed for "such service".


  • Closed Accounts Posts: 542 ✭✭✭ILA


    If you have any doubts about the nature of a traffic stop, I'd reckon calling the district station would be the best bet if you know the number. They are the ones in direct radio contact with all patrol and Traffic cars in any given District.

    All the 999 Control Centre often do is phone that local station and relay the same message you would give them, although I could see the advantage in having them have a record of the call.

    Regarding mobile phone use, I'm not use. I think I read somewhere before that emergency service personnel are exempt from that particular piece of legislation.


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    I found something like this in here:
    109.—(1) A person driving a vehicle in a public place shall stop the vehicle on being so required by a member of the Garda Síochána.


    (2) A person who contravenes subsection (1) of this section shall be guilty of an offence.

    (...)

    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.

    Now, I'm still not certainly sure how to understand it. Probably partially to bit complex language that is used here.
    Is requesting a vehicle to stop by member of Garda, part of "exerciseing of any power or the performance of any duty conferred or imposed by or under this Act" ?
    I suppose it is, but i'm not certainly sure.
    Other thing is, that if offduty Garda without uniform tries to stop me, how can I request him for official identification, until I actually stop. On the other hand, why should I stop, if he's not in uniform.

    Pleasy someone comment on this.


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  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    sentient_6 wrote: »
    This isn't the first time i've seen you on about about what the law/statute book/rules & regulations precisely say. I'm curious as to why your so into the letter of the law? What are you afraid of? Can't stand when people talk like oh the law says this or the law says that. 'Trambling on my rights!!!' :rolleyes:

    Instead i hope your actually a law student doing a thesis on traffic laws or enforcement.

    I'm not a law student, and never actually wanted to be.
    I just find, that knowing the law makes your life easier. And that's the only reason why I'm interested.
    I spend a bit of my free time on internet forums mostly about motoring, and I heard really thousands of different answers about different matters, usually contradicting each other. Only way to be sure what you are allowed to do, and what you are not, is to know the law.
    Just in case someone will end up in the court (it can happen to anyone), judge won't listen that you heard somewhere on the internet that what you did was right, neither that you read in some book. But if you state the correct part of law, that could save your arse.

    PS. I you don't like going into law, and analyzing things, just don't read my threads and posts ;)


  • Registered Users, Registered Users 2 Posts: 23,312 ✭✭✭✭Esel
    Not Your Ornery Onager


    kbannon wrote: »
    There is (AFAIK) no definition of prescribed number there so as I understand it, so any garda station phone is a number prescribed for "such service".
    Imo, a defendant could be on a sticky wicket in court trying to claim that that is the case. Just imo.

    Not your ornery onager



  • Banned (with Prison Access) Posts: 1,229 ✭✭✭sesna


    I can't bring myself to believe any garda would lack the basic cop on to prosecute someone for calling traffic watch etc, while driving.


  • Closed Accounts Posts: 3 Hiluxmaniac


    In case anyone's still interested.

    A few years ago in my younger days, I was driving through a town with 7 people in a 5 seater car. A Garda wearing a Hi-Vis jacket appeared in the middle of the road with a flashlight, making pretty Irate hand signals to stop the car (may have been down to the lack of silencer). An on the spot decision was made (may have been down to the d***k or to the h**h) , I swerved the car and took off down the road with the Garda in hot (foot) pursuit. The car was dumped in a car park, and occupants found refuge in a local establishment. Half an hour later on a smoke break, a squad car pulled up 4 Gardai arrested me, breathalyzed me and incarcerated me ( with due cause, you might say ).
    In court, charged with Failing to stop for a MGS, Dangerous driving, Driving without due care and attention, Drink Driving, and a string of other offenses lost to the mist of time. My defense, so eloquently put forward by my lawyer, " My client believed the Garda was waving to say hello, as he was known to my client personally, my client responded by waving back, and carried on by " in response to the drink driving evidence, "My client was drinking in a local bar between the time of the alleged incident and the time of arrest, consuming a number of double measure spirits".
    I got off scott free, with a warning from the judge that he didn't want to see me in his court again.
    My face leaving the court past the row of prosecuting Garda looked something like this :P


  • Registered Users, Registered Users 2 Posts: 4,572 ✭✭✭jaffa20


    In case anyone's still interested.

    A few years ago in my younger days, I was driving through a town with 7 people in a 5 seater car. A Garda wearing a Hi-Vis jacket appeared in the middle of the road with a flashlight, making pretty Irate hand signals to stop the car (may have been down to the lack of silencer). An on the spot decision was made (may have been down to the d***k or to the h**h) , I swerved the car and took off down the road with the Garda in hot (foot) pursuit. The car was dumped in a car park, and occupants found refuge in a local establishment. Half an hour later on a smoke break, a squad car pulled up 4 Gardai arrested me, breathalyzed me and incarcerated me ( with due cause, you might say ).
    In court, charged with Failing to stop for a MGS, Dangerous driving, Driving without due care and attention, Drink Driving, and a string of other offenses lost to the mist of time. My defense, so eloquently put forward by my lawyer, " My client believed the Garda was waving to say hello, as he was known to my client personally, my client responded by waving back, and carried on by " in response to the drink driving evidence, "My client was drinking in a local bar between the time of the alleged incident and the time of arrest, consuming a number of double measure spirits".
    I got off scott free, with a warning from the judge that he didn't want to see me in his court again.
    My face leaving the court past the row of prosecuting Garda looked something like this :P

    You got off scot free for drink driving?

    And you're proud of it?


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  • Closed Accounts Posts: 3 Hiluxmaniac


    I'm afraid through the eyes of my nineteen year old self, growing up in rural Ireland during the 90's where every one of my role models, including members of the Gardai, school teachers, councillors, doctors and any other state body you could mention drove and often worked under the influence of alcohol, Yes! I was damn proud of it! If I'd do it now? Hell No! There's enough mentally retarded people on the roads, without adding to them. Times change, attitudes change. Some things stay the same though, like those sitting up there on the moral high ground always willing to share something new and enlightening ;)


  • Registered Users, Registered Users 2 Posts: 3,258 ✭✭✭overshoot


    as far as i know, while you are obligated to stop for a guard if directed, BUT he can only stop you at a checkpoint or if he has a reason of suspicion. bare in mind doing a uturn right before a checkpoint is a good reason.
    also isnt it illegal for anything other than an emergency vehicle to have blue flashing lights?... therefore making unmarked cars identifiable as guards(in an ideal world)


  • Banned (with Prison Access) Posts: 8,224 ✭✭✭Going Forward


    Good thread realy

    You're driving a 60k Mercedes home from the nightclub at 3am

    Ordinary car behind you starts flashing lights and has a siren
    I can buy both on ebay.

    They drive right behind you aggressively, then drive past you and in front of you.
    You stop behind them

    How do you know you aren't about to be carjacked?
    Should you even stop? Maybe call a local station to see can they be identified?



    Good Thread!
    I recall a case like this in the paper. Unfortunately cant remember the outcome.


  • Banned (with Prison Access) Posts: 8,224 ✭✭✭Going Forward


    In case anyone's still interested.

    A few years ago in my younger days, I was driving through a town with 7 people in a 5 seater car. A Garda wearing a Hi-Vis jacket appeared in the middle of the road with a flashlight, making pretty Irate hand signals to stop the car (may have been down to the lack of silencer). An on the spot decision was made (may have been down to the d***k or to the h**h) , I swerved the car and took off down the road with the Garda in hot (foot) pursuit. The car was dumped in a car park, and occupants found refuge in a local establishment. Half an hour later on a smoke break, a squad car pulled up 4 Gardai arrested me, breathalyzed me and incarcerated me ( with due cause, you might say ).
    In court, charged with Failing to stop for a MGS, Dangerous driving, Driving without due care and attention, Drink Driving, and a string of other offenses lost to the mist of time. My defense, so eloquently put forward by my lawyer, " My client believed the Garda was waving to say hello, as he was known to my client personally, my client responded by waving back, and carried on by " in response to the drink driving evidence, "My client was drinking in a local bar between the time of the alleged incident and the time of arrest, consuming a number of double measure spirits".
    I got off scott free, with a warning from the judge that he didn't want to see me in his court again.
    My face leaving the court past the row of prosecuting Garda looked something like this :P

    Did you subsequently recieve much attention from the force?
    Cant imagine you were too popular locally after that!


  • Registered Users, Registered Users 2 Posts: 8,451 ✭✭✭CharlieCroker


    overshoot wrote: »
    as far as i know, while you are obligated to stop for a guard if directed, BUT he can only stop you at a checkpoint or if he has a reason of suspicion. bare in mind doing a uturn right before a checkpoint is a good reason.
    also isnt it illegal for anything other than an emergency vehicle to have blue flashing lights?... therefore making unmarked cars identifiable as guards(in an ideal world)
    A member of ags can stop you at ANY TIME if you are driving a vehicle in a public place, doesn't need to be a c/p, no suspicion is needed etc!!

    Hasn't this thread been done many times before? If you don't want to stop for a garda car, then don't. It won't be long before you see a few more behind you!!!!


  • Registered Users, Registered Users 2 Posts: 13,445 ✭✭✭✭flazio


    I presume we all have the common sense that if a member of the public waves you to stop they may have a good reason such as accident or obstruction ahead and we wouldn't just drive on just because they aren't a member of the Gardaí?

    This too shall pass.



  • Closed Accounts Posts: 10,272 ✭✭✭✭Max Power1


    flazio wrote: »
    I presume we all have the common sense that if a member of the public waves you to stop they may have a good reason such as accident or obstruction ahead and we wouldn't just drive on just because they aren't a member of the Gardaí?

    If I see some waving me to stop and I know they arent a member of AGS, theres no chance in hell i'd stop.

    You just dont know what is out there.


  • Registered Users, Registered Users 2 Posts: 13,445 ✭✭✭✭flazio


    Max Power1 wrote: »
    If I see some waving me to stop and I know they arent a member of AGS, theres no chance in hell i'd stop.

    You just dont know what is out there.

    So if you were first on scene to an accident, blocking the road after a bend, that the emergency services weren't aware of yet, how would you stop oncoming traffic making things much worse?

    This too shall pass.



  • Registered Users, Registered Users 2 Posts: 6,344 ✭✭✭Thoie


    CiniO wrote: »
    I found something like this in here:


    Now, I'm still not certainly sure how to understand it. Probably partially to bit complex language that is used here.
    Other thing is, that if offduty Garda without uniform tries to stop me, how can I request him for official identification, until I actually stop. On the other hand, why should I stop, if he's not in uniform.

    Pleasy someone comment on this.

    I'm not a solicitor, but can help simplify the language:

    109.—(1) A person driving a vehicle in a public place shall stop the vehicle on being so required by a member of the Garda Síochána.
    If you're driving, stop the car when asked by the Gardaí

    (2) A person who contravenes subsection (1) of this section shall be guilty of an offence.
    It's illegal not to.

    For the long winded bits, it's often easier to read "outside the commas", so..
    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.
    So 111 boils down to the fact that all Gardaí can use that Act.
    If they ask you to do something (such as stop), you don't have to unless:
    - they're in uniform OR
    - they can provide you with ID if you ask for it

    If they're not in uniform a bit of cop on comes in. If it's 3pm outside the local supermarket with hundreds of people around, I'd stop, and ask for ID when they approach.
    If it's 3am on a deserted back road with no-one around for the next 10km, I'd note the car registration, and call 112 (or the local garda station if I knew it) and ask them to verify the identity. If I did decide to stop, I'd ensure to stop in such a way that I wasn't blocked in, and would have the doors locked.

    Of course, this all leads back to the question of "What does a Garda ID look like?". Gardaí are quite adamant that sample IDs cannot be shown, and that the epaulettes are sufficient identification. I disagree with that as I feel that if I don't know what a Garda ID looks like to start with then I don't know if the strange man is showing me a real one or not. Similarly epaulette numbers are just that - numbers.


  • Closed Accounts Posts: 3 Hiluxmaniac


    Did you subsequently recieve much attention from the force?
    Cant imagine you were too popular locally after that!

    Yep, you guessed it! Every single day, I was stopped and searched, told to hand in license and registration at the Garda station, followed home, followed to peoples houses, and generally harrassed. It was that sad that on one occasion I handed my license in to the Garda in the station, waited the usual half hour for "processing", left the station was followed half way home, pulled over and told to hand in my license, by the same Gard that I had just handed it in to. There will without a doubt be people who applaud this behaviour, and tell me I deserved everything I got and more. What is the point of having a justice "system" when egomaniacs are given a badge and the freedom to do whatever they want, including breaking harrassment laws. Surely the people who are given the job of upholding the law should set an example, and actually abide by the laws themselves.


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