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off duty?

  • 09-01-2013 7:16pm
    #1
    Registered Users, Registered Users 2 Posts: 759 ✭✭✭


    sorry if wrong place, or thread is inappropriate just delete or close, i was wondering can an off duty guard in their personal car pull you over?


Comments

  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    Yes and they are only required to produce ID if you ask. There are a few examples in threads here and in Motors of off-duty members of the force doing what you describe, usually either to impress the girlfriend or because they didn't like what the poster had done, a form of official road rage if you will i.e. they gave the poster a bollicking without having to worry about the consequences as would be the case if the roles were reversed.


  • Registered Users, Registered Users 2 Posts: 2,991 ✭✭✭McCrack


    I thought road traffic legislation was one of those peculiar pieces of legislation along with licencing laws that require Gardai to be uniform to make stops in public places? (and in the case of licensing matters enter and inspect licensed premises)


  • Registered Users, Registered Users 2 Posts: 759 ✭✭✭DaNiEl1994


    no she had a uniform, from my interpretation she had just finished a shift going home as she stopped her car and took off a big superdry jacket and had her uniform underneath


  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    If an off-duty Garda wearing civvies stood out in the middle of the road and signalled you to stop and you ignored him/her, there wouldn't be much risk of a prosecution but if they came up to your window , identified themselves as a Garda and made an official demand for your licence or similar, you would be obliged to comply.

    As I pointed out above, it's up to you to demand production of official ID. If they cannot produce their ID then you are not obliged to comply with any instruction or demand.


  • Registered Users, Registered Users 2 Posts: 4,957 ✭✭✭Hooch


    coylemj wrote: »
    Yes and they are only required to produce ID if you ask. There are a few examples in threads here and in Motors of off-duty members of the force doing what you describe, usually either to impress the girlfriend or because they didn't like what the poster had done, a form of official road rage if you will i.e. they gave the poster a bollicking without having to worry about the consequences as would be the case if the roles were reversed.

    Ive stopped people off duty.....it wasnt to impress my wife. Nor was it to give a bollocking. Infact 90% of the times I follow up with a prosecution. If its bad enough for me to get involved, its bad enough for me to follow through with it to court (and generally sentences/fines are much much harsher when a Judge hears we intervened off duty)

    Im surprised that you, out of most posters, would to say its "usually" to impress.
    McCrack wrote: »
    I thought road traffic legislation was one of those peculiar pieces of legislation along with licencing laws that require Gardai to be uniform to make stops in public places? (and in the case of licensing matters enter and inspect licensed premises)

    No the RTA doesnt require a Garda to be in uniform. Nor does enforcement of Liquor Licencing laws. To my knowledge that was in the old 1928 act but was thereafter changed.


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  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    Hooch wrote: »
    Ive stopped people off duty.....it wasnt to impress my wife. Nor was it to give a bollocking. Infact 90% of the times I follow up with a prosecution. If its bad enough for me to get involved, its bad enough for me to follow through with it to court (and generally sentences/fines are much much harsher when a Judge hears we intervened off duty)

    Im surprised that you, out of most posters, would to say its "usually" to impress.

    I appreciate the point you're making but in a lot of cases the off-duty Garda does not go to a prosecution but simply delivers a bollicking to the other driver and my point is that this represents a form of bullying with the use of a Garda ID card because if the civilian disagrees with the Garda, he has to keep his mouth shut and keep his opinion to himself.


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


    coylemj wrote: »
    I appreciate the point you're making but in a lot of cases the off-duty Garda does not go to a prosecution but simply delivers a bollicking to the other driver and my point is that this represents a form of bullying with the use of a Garda ID card because if the civilian disagrees with the Garda, he has to keep his mouth shut and keep his opinion to himself.

    Why? What makes it different to a Garda on duty?


  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    MagicSean wrote: »
    Why? What makes it different to a Garda on duty?

    The comparison I was making was to a civilian-civilian confrontation where there is a level playing field. If an off-duty Garda takes exception to a manoeuvre executed by another driver, pulls him over, waves his ID card in the other guy's face, gives him a bollicking and then buggers off, that is the situation I'm commenting on.

    This thread (link below) was fresh in my mind when I made my initial comment. The OP on the thread below was in his car with his pregnant girlfriend on Dec 17th last and had a unpleasant encounter with an off-duty Garda.....

    http://www.boards.ie/vbulletin/showthread.php?p=82274697#post82274697


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


    coylemj wrote: »
    The comparison I was making was to a civilian-civilian confrontation where there is a level playing field. If an off-duty Garda takes exception to a manoeuvre executed by another driver, pulls him over, waves his ID card in the other guy's face, gives him a bollicking and then buggers off, that is the situation I'm commenting on.

    This thread (link below) was fresh in my mind when I made my initial comment. The OP on the thread below was in his car with his pregnant girlfriend on Dec 17th last and had a unpleasant encounter with an off-duty Garda.....

    http://www.boards.ie/vbulletin/showthread.php?p=82274697#post82274697

    But I dont understand why you think he would have been any less a prick if he was on duty. Gardaí are never civilians. They always have the same powers and are always subject to disciplinary regulations.


  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    MagicSean wrote: »
    But I dont understand why you think he would have been any less a prick if he was on duty. Gardaí are never civilians. They always have the same powers and are always subject to disciplinary regulations.

    Gardai who are on duty and in uniform tend to not go off the handle like the individual in the post I linked to.

    My point is that if a Garda is not in uniform and not currently on duty, he or she should not abuse their position by delivering a bollicking to another motorist.

    If they choose to identify themselves as a Garda, they should then behave like an Garda in uniform, tell the other driver in polite language that they believe they have committed an offence, deliver a formal caution or take their name and address with the intention of initiating a prosecution.

    Simply losing your temper and waving your ID badge in the other guy's face is unacceptable behaviour. There's no point is reminding me that the member is subject to the disciplinary regulations, you're not seriously suggesting that any sane civilian would ask a person losing the rag for his/her name, rank and number? Your average Joe will just sit there, take the abuse and go about his business when the dust settles and the Garda has let off steam.


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