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legal discussion

  • 24-02-2011 4:32pm
    #1
    pgltbso
    Closed Accounts Posts: 13 ✭


    Does anyone know if there is a limit to how far the guards can take you from your locality?Like,for example if my mate was living in Naas and was arrested there on a traffic offence and left in the back of the car while the guards went into the station which was close by,could they then drive him/her to,for example Athy(about 25-30 miles away),charge them there and then tell them to get lost?


Comments

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


    There would be no technical legal frailty in a charge brought in this way. Gardai are empowered to act within all 26 counties without exception and there are no territorial restrictions. It would still be required that a person if charged be bailed to the appropriate District Court having regard to the location of the offence.

    Proceeding in the manner described by you for devious or mal fides reasons might however amount to a false imprisonment, with consequences for the admissibility of any evidence procured during detention and the possibility (theoretically) of suing at civil law for damages.

    A good reason however for bring someone to a different station than the nearest would be the availability of facilities, including interview cells and e.g. breathalyser apparatus. That's not to say their couldn't be other good operational reasons.


  • #3
    pgltbso
    Closed Accounts Posts: 13 ✭pgltbso


    Thanks for that,it was a drink driving offence but thought it was odd they took him 30 miles away,they said they'd bring him back to his local station but then didn't.They'd pulled up his brothers file,who is in serious **** all the time and they look quite alike.They said if he admitted to his offences they'd go easier on him but my mate had all his ID,etc so they knew it wasn't his bro but wouldn't let it go.Hes up in his local court in a few months so its not like they brought him to the other areas court so he has nothing to go on.Does anyone know a good solicitor in Kildare that covers road traffic offences and knows what their doing?


  • #4
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    pgltbso wrote: »
    Thanks for that,it was a drink driving offence but thought it was odd they took him 30 miles away,they said they'd bring him back to his local station but then didn't.They'd pulled up his brothers file,who is in serious **** all the time and they look quite alike.They said if he admitted to his offences they'd go easier on him but my mate had all his ID,etc so they knew it wasn't his bro but wouldn't let it go.Hes up in his local court in a few months so its not like they brought him to the other areas court so he has nothing to go on.Does anyone know a good solicitor in Kildare that covers road traffic offences and knows what their doing?

    As reloc said, if it was for drink driving it was most likely the machine in Naas was out of order and Athy was the closest one in the division.

    The court that he is charged to is generally the court area the offence is committed in.


  • #5
    pgltbso
    Closed Accounts Posts: 13 ✭pgltbso


    It wasn't a machine they used though,it was a urine sample and I thought maybe they had no doctor in the first place but there was none in the second one either and they had to call one in.


  • #6
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    May/May not matter. You need a solicitor or sorry rather your friend does.


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  • #7
    Bosco boy
    Banned (with Prison Access) Posts: 1,235 ✭✭✭Bosco boy


    its not a problem.


  • #8
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Bosco boy wrote: »
    its not a problem.

    It very well could be of huge significance if for example the delay resulted in a sample not being taken within three hours of driving.

    OP's friend needs a solicitor not an internet forum.


  • #9
    Bosco boy
    Banned (with Prison Access) Posts: 1,235 ✭✭✭Bosco boy


    Reloc8 wrote: »
    It very well could be of huge significance if for example the delay resulted in a sample not being taken within three hours of driving.

    OP's friend needs a solicitor not an internet forum.

    There was no mention of a delay by the op, the choice of station is a decision for the Garda and would be determined by many factors, the nearest station might not be a 24hr station and able to deal with prisoners, it may not have an intoxlyser machine, a doctor may not be available to take a blood/urine sample at a particular station. The nearest station may not be in the division of the gardai involved and they may go to one in their own division, it's not legal advice and you don't need to be a solicitor to comment on it!!!


  • #10
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Bosco boy wrote: »
    There was no mention of a delay by the op, the choice of station is a decision for the Garda and would be determined by many factors, the nearest station might not be a 24hr station and able to deal with prisoners, it may not have an intoxlyser machine, a doctor may not be available to take a blood/urine sample at a particular station. The nearest station may not be in the division of the gardai involved and they may go to one in their own division, it's not legal advice and you don't need to be a solicitor to comment on it!!!

    ^ This is not legal advice ???

    Fair enough - its just a defence of what you posted earlier so and not something that the OP should take any heed of.

    Look, what you posted was a blanket 'its not a problem'. Inasmuch as there is any effort (questionable) to providing accurate content, it was appropriate that the the possibility of it in fact mattering very much be pointed out. If you have a problem with that you have a problem with accuracy.


  • #11
    Bosco boy
    Banned (with Prison Access) Posts: 1,235 ✭✭✭Bosco boy


    It's not legal advice it's information, read it again! Whats was inaccurate in what I said anyway? It's up to the op to heed the information or not and there's no charge for the non legal advice!


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  • #12
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Reloc8 wrote: »
    ^ This is not legal advice ???

    Fair enough - its just a defence of what you posted earlier so and not something that the OP should take any heed of.

    Look, what you posted was a blanket 'its not a problem'. Inasmuch as there is any effort (questionable) to providing accurate content, it was appropriate that the the possibility of it in fact mattering very much be pointed out. If you have a problem with that you have a problem with accuracy.

    He posted "it's not a problem" in regard to a garda bringing the driver to a different station than the local one. This was correct. He never mentioned a delay nor did the the op mention one. It is you who have brought up the topic of a legal defence as a result of a delay which is more akin to legal advice than anyone elses comments.


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