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Intoxicating Liquor Act, 2008 - Advices required

  • 04-09-2016 5:34pm
    #1
    Registered Users, Registered Users 2 Posts: 1


    Hello All,

    First of all, please forgive my English because I'm time to time missing confidence with it.

    I'm posting this message in order to get some advices from the community regarding a disgraceful experience I have had yesterday evening.
    I'm responsible of this bad experience and I'm now panicking, feeling stressed and extremely worried.

    I've been arrested last evening following some arguments that I have had with a group of people, in front of a pub.
    The Garda was called in order to calm down the situation and we have all been separated from each other.
    Please note that no violence was involved into this dispute.

    I was quite badly intoxicated but was calm when the Gardai brought me somewhere quite in order to help me to relax a bit.
    Then the Gardai asked me to leave the scene unless they would arrest me.
    I wasn't planning to have any troubles with them at all. I simply wanted to explain what exactly happened and it seemed unfair to me the way how I was treated as I wasn't the only one involved into this issue.
    I didn't insult them but while trying to express the situation, they repeated again that I needed to leave the scene.
    I stupidly continued to stay at the scene and they decided to put me on the handcuffs and brought me to the nearest Garda station.
    As said above, no insults, no rebellion from my side as I accepted the situation. Despite the fact that I was intoxicated, I made sure to be the most cooperative possible.
    I have been put in a cell for approximately an hour and then I have been released.

    While leaving the Garda station, I've been asked to sign some documents, stating the fact that I was proscecuted for the below charges:

    1. Did use or engage in threatening, abusive or insulting words or behaviour with intent to provoke a breach of peace or being reckless as to whether a breach of the peace might have been occasioned - Contrary to section 6 of the Criminal Justice (Public Order) Act, 1994 as amended by Section 22 of the Intoxicating Liquor Act, 2008.

    2. Acting in a manner contrary to the provisions of Section 6 of the Criminal Justice (Public Order) Act 1994 and having been directed by the member of the GS to desist from acting in such a manner did without lawful authority or reasonable excuse fail to comply with the direction given by the said member of the GS - Contrary to Section 8 of the Criminal Justice (Public Order) Act, 1994 as amended by Section 22 of the Intoxicating Liquor Act, 2008.

    I have made some researches about the potential sentences that I'll have to face to.
    I'm not contesting the fact that I certainly have to be punished for causing such a useless action.

    My concern is the fact that I have been involved in 2012 in a case where the prosecution was much more serious and for which I have been punished in 2014.
    My sentence was heavy but deserved, with a 3-Years suspended and a substantial fine to pay by January 2017 latest.

    Knowing these facts, I obviously assume my past and current mistakes and once again, I'm not contesting these mistakes and considered that a punishment is certainly deserved.
    However, as you can imagine, I'm extremely remorseful but also stressed and extremely worried.
    I'm not really aware if what happened last night could have consequences following the sentence I got in 2014, meaning of risk of 3 years of imprisonment.

    Also, I've been surprised with the quick action taken this time regarding my last night's case.
    In 2012, it took a long time between my first appeareance in court (8 months after the fact) and my last appearance, where I got my sentence, more than a year after the fact.
    This time, I'm asked to appear at the end of September which is quite quick.
    I can see on the document provided by the Garda that I'll appear before the District Court to be held at Criminal Courts of Justice.
    I thought that District Court and CCJ were 2 different entities. Am I wrong?

    According to you, should I expect very serious consequences? I'm feeling so lonely at the moment and completely panicked that some advices and opinions would be more than welcome.

    I know that this post will potentially provoke some disappointment, anger or any other negative opinions that I absolutely understand. I sincerely hope that you would put these feelings aside and try to provide the best recommendations you can.

    Thank you very much in advance for your support.


Comments

  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    Consult a local solicitor
    You cannot get legal advice on this forum - against forum rules
    Apart from that good luck and welcome to Ireland
    Thread closed


This discussion has been closed.
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