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public urination

  • 09-08-2015 6:07pm
    #1
    dave8949
    Registered Users, Registered Users 2 Posts: 2 ✭


    Hey people i know this sounds stupid. I was in town yesterday with my brother and he got caught having a pee by a garda in public. We apologised to the guards and they took my brothers name and address. They said to expect a fine of around 80euro in the post in the next few weeks. If anyone could help me i just want to find out if he can just pay the fine and that will be the end of it or do you have to go to court? Thanks in advance


Comments

  • #2
    endacl
    Registered Users, Registered Users 2 Posts: 22,409 ✭✭✭✭endacl


    I'd challenge it. Don't think it'd hold water.


  • #3
    Rackstar
    Registered Users, Registered Users 2 Posts: 1,347 ✭✭✭Rackstar


    Were you holding it for him? If so you may be liable for the fine also.


  • #4
    dave8949
    Registered Users, Registered Users 2 Posts: 2 ✭dave8949


    Rackstar wrote: »
    Were you holding it for him? If so you may be liable for the fine also.

    Just asking on behalf of him since he is freaking out haha


  • #5
    Hunchback
    Registered Users, Registered Users 2 Posts: 1,629 ✭✭✭Hunchback


    Don't know, but I know that if you were in the States and you were caught doing the same thing you would be put on the Sex Offenders Register.

    In that context, an €80.00 fine seems quite modest.


  • #6
    ShiverinEskimo
    Hosted Moderators Posts: 18,115 ✭✭✭✭ShiverinEskimo


    He'll receive an FCPS notice in the post. Pay the fine and it's done. Choose to fight it in court and he could be fined a much higher amount.


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  • #7
    private89
    Registered Users, Registered Users 2 Posts: 34 ✭private89


    Yeah once the fine is paid that's it. No court. Much better option than court - think it is only viewed like a parking ticket if you pay it.


  • #8
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Be proactive in getting the notice. Otherwise make sure you bookmark this to ask about him not getting the letter, posties are absolute bastards up and down the country it seems. Trip to court could lead to a potential criminal record? Open to correction.


  • #9
    Serjeant Buzfuz
    Registered Users, Registered Users 2 Posts: 457 ✭✭Serjeant Buzfuz


    MarkAnthony wrote: »
    Be proactive in getting the notice. Otherwise make sure you bookmark this to ask about him not getting the letter, posties are absolute bastards up and down the country it seems. Trip to court could lead to a potential criminal record? Open to correction.

    Check the notice, common mistake is to demand under the Dublin Metropolitan Police act which doesn't apply outside Dublin


  • #10
    coylemj
    Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    Serjeant Buzfuz wrote: »
    Check the notice, common mistake is to demand under the Dublin Metropolitan Police act which doesn't apply outside Dublin

    So the FCPS is defective, then what? Refuse to pay it and wait for the summons? And if the summons is legally correct, where does that leave you?

    Pay the fine.


  • #11
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Serjeant Buzfuz wrote: »
    Check the notice, common mistake is to demand under the Dublin Metropolitan Police act which doesn't apply outside Dublin

    It'll likely be a fine under section 5 of the public order act.


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  • #12
    Serjeant Buzfuz
    Registered Users, Registered Users 2 Posts: 457 ✭✭Serjeant Buzfuz


    Little CuChulainn wrote: »
    It'll likely be a fine under section 5 of the public order act.

    Depends on the time it happened if not between midnight and 7 am he would have to be asked to stop firstly


  • #13
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Serjeant Buzfuz wrote: »
    Depends on the time it happened if not between midnight and 7 am he would have to be asked to stop firstly

    You are correct. He could dispute the fine and end up with a summons instead.


  • #14
    Serjeant Buzfuz
    Registered Users, Registered Users 2 Posts: 457 ✭✭Serjeant Buzfuz


    Little CuChulainn wrote: »
    You are correct. He could dispute the fine and end up with a summons instead.

    Seems a tad cynical to assume the Polis would issue a summons knowing it to have no basis in law, and dangerous to assume nobody would contest it


  • #15
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Serjeant Buzfuz wrote: »
    Seems a tad cynical to assume the Polis would issue a summons knowing it to have no basis in law, and dangerous to assume nobody would contest it

    If you don't pay the fine you get a summons. It's not cynical, it's the process.


  • #16
    Serjeant Buzfuz
    Registered Users, Registered Users 2 Posts: 457 ✭✭Serjeant Buzfuz


    Little CuChulainn wrote: »
    If you don't pay the fine you get a summons. It's not cynical, it's the process.

    You can't be sanctioned under section 5 unless you fail to obey a Garda direction to stop what you're doing apart from between midnight and 7 am when they don't have to tell you to stop first
    If they send you a FCN in breach of this and issue summons if you don't pay are you really saying they'll be right?


  • #17
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Serjeant Buzfuz wrote: »
    You can't be sanctioned under section 5 unless you fail to obey a Garda direction to stop what you're doing apart from between midnight and 7 am when they don't have to tell you to stop first
    If they send you a FCN in breach of this and issue summons if you don't pay are you really saying they'll be right?

    No I'm saying the op will have to dispute it in court.


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