Garda statement-after settlememt

jobseek

Hi
Thanks for replies, i am removing this post
Sorry if i come across as making little of this, i am definitely not!
I have told them all i can tell them/all they need to know,

johnnyskeleton

Its your civic duty. Imagine a relative of yours had been injured by the driver and the only witness said "ah Im not bothered helping the gardai".

Mr. Incognito

My mates mom was killed by a drunk driver. Your attitude sickens me.

endacl

Cop on. Give the statement.

athtrasna

jobseek wrote: »

I gave the guards the details of what happened and they took this down, and said i would have to make a statement at a later date, the other driver failed a breathalyzer test.

You answered your own question there, unless you make a habit of ignoring what you are told by the law enforcement authorities in this country.

conorh91

jobseek wrote: »

So basically, can i refuse/say that i am not giving a statement

Yes. Of course you can.

The decision is yours in the first instance, not that of any anonymous person in some online forum.

the_syco

jobseek wrote: »

Hi
Recently involved in an accident with car where it was hit by another vehicle, the other driver was the cause of it,and will cover repair costs to my car.

I gave the guards the details of what happened and they took this down, and said i would have to make a statement at a later date, the other driver failed a breathalyzer test.

They have the full information of what happened,all id be doing is repeating what i told them already,and i don't want the bother of having to go them to give this,and as far as im concerned what happens in relation to the drink driving is none of my concern.

So basically, can i refuse/say that i am not giving a statement, also thinking that i may be called to court for this, and don't want wasting time at this either.
thanks

Yes, but you'll be kicking yourself when they mow someone down whilst drunk.

jobseek

the_syco wrote: »

Yes, but you'll be kicking yourself when they mow someone down whilst drunk.

Once the person failed breathalyser, is this not them disqualified?

endacl

jobseek wrote: »

Once the person failed breathalyser, is this not them disqualified?

Your statement helps in building a separate charge.

jobseek

endacl wrote: »

Your statement helps in building a separate charge.

a seperate charge for what?

endacl

jobseek wrote: »

a seperate charge for what?

Culpability in an RTA.

Pat Mustard

Mod:

Moralising and attacking the OP is not appropriate here and is off topic.

Legal discussion only, please.

foggy_lad

If the Gardai attended the scene and failed to ask all drivers for their details and driving licences insurance etc they may well go looking for that information at a later date.

Pro Hoc Vice

jobseek wrote: »

Once the person failed breathalyser, is this not them disqualified?

While there will be evidence of failing the breath test, where is the evidence of the accused driving a car within 3 hours of the test been taken. AGS arrive to a crash but did not see anyone driving. The OP will be required to give evidence that the accused was in fact driving and the time of same.

Little CuChulainn

Even if you don't give a statement, you can still be summonsed to court. It just means the Garda will be taking a chance on the evidence you will give. Also, if you've accepted a settlement and then refuse to cooperate with the prosectution that may cause other issues for you.

NUTLEY BOY

1. You are not obliged to make a statement. You cannot be compelled or coerced to do so as there is no obligation to do so.

2. You are a compellable witness for criminal and civil court proceedings relating to the events that you witnessed.

3. OP indicates that he has given all information to Gardaí he possess and I take that as read. However, if a person, for whatever reason, did not reveal or disclose everything that they knew that would be withholding information and that is frowned upon and an offence. No suggestion that this applies to OP - just a general observation.

4. From a police or a prosecutor's perspective the absence of a statement from a key witness really does hamper their construction of a case as they don't really know what that witness might say. Garda G cannot go in to the witness box and give witness W's evidence for him on the basis of what he wrote down in his notebook at the scene. Witness W has to give his own evidence.

BTW if one side has an incriminating / damaging witness statement in their papers the very sight of the contents of that statement at the last minute has the power to soften the attitude of bullish chancers on the other side. In that way the statement alone can be very helpful

5. Failing to assist, as a witness, can be a miserable thing to do. I had the misfortune to have a motor accident with a right piece of work who drove through a red light. The driver behind him stopped and told me exactly what he witnessed and gave me his details. His evidence nailed the other motorist for me 100%. I am still grateful to that witness for coming forward as I could have had quite a lot of trouble making my case.

the_syco

If no statement against the drunk driver, could drunk driver state that they, although drunk, was not the driver, and thus without the OP's statement, could argue that they were not in charge of the car when the crash happened?

Pro Hoc Vice

the_syco wrote: »

If no statement against the drunk driver, could drunk driver state that they, although drunk, was not the driver, and thus without the OP's statement, could argue that they were not in charge of the car when the crash happened?

The accused does not have to say anything there will be no evidence of driving case struck out.

Pro Hoc Vice

Little CuChulainn wrote: »

Even if you don't give a statement, you can still be summonsed to court. It just means the Garda will be taking a chance on the evidence you will give. Also, if you've accepted a settlement and then refuse to cooperate with the prosectution that may cause other issues for you.

But the accused can object as the Gary Doyle order should contain the evidence to be given it would be difficult for the State to prosecute this way.

Little CuChulainn

Pro Hoc Vice wrote: »

But the accused can object as the Gary Doyle order should contain the evidence to be given it would be difficult for the State to prosecute this way.

A Gary Doyle order is for all evidence gathered. The state has no power to compel someone to make a witness statement either. If a statement has not been taken then it cannot be produced. The accused can object of course. I'm sure it would make an interesting case.