Arrested - no copy of charge sheet given

Plek Trum

Hello - brief question on behalf of a relative. If a person has been arrested and charged at a Gardai station, are they supposed to be given a copy of the charge sheet when they leave? My reading from various websites is yes. Is this correct? Are there any issues with not being given it? Thank you.

GM228

Plek Trum wrote: »

Hello - brief question on behalf of a relative. If a person has been arrested and charged at a Gardai station, are they supposed to be given a copy of the charge sheet when they leave? My reading from various websites is yes. Is this correct? Are there any issues with not being given it? Thank you.

You are only given a charge sheet if charged at the time under the Charge Sheet Procedure, if charges are brought via the Summons Procedure then you just get the summons in due course and no Charge Sheet.

Depends on the offence etc. Someone arrested can be released without charge and then charged via a Summons.

Plek Trum

GM228 wrote: »

You are only given a charge sheet if charged at the time under the Charge Sheet Procedure, if charges are brought via the Summons Procedure then you just get the summons in due course and no Charge Sheet.

Depends on the offence etc. Someone arrested can be released without charge and then charged via a Summons.

Thank you for that. As far as I am aware it is summons.

Plek Trum

Plek Trum wrote: »

Thank you for that. As far as I am aware it is summons.

Asked to follow up with this question - apologies in advance. Relative was pulled over by Gardai after tipping a parked vehicle , was asked had they been drinking. Held hands up, admitted yes. They were immediately taken to the station for a blood sample, no road side breathalyser used, nor were they asked for licence until much later.

Is this in line with correct gardai procedure?
I am aware of the sensitivity of such charges and do not in any condone this behaviour.

My understanding was though that you had to be breathalised first to justify being taken to station in a Gardai car? I may well be wrong, just curious. From what I've read that seems to be the case?

SteM

Plek Trum wrote: »

Asked to follow up with this question - apologies in advance. Relative was pulled over by Gardai after tipping a parked vehicle , was asked had they been drinking. Held hands up, admitted yes. They were immediately taken to the station for a blood sample, no road side breathalyser used, nor were they asked for licence until much later.

Is this in line with correct gardai procedure?
I am aware of the sensitivity of such charges and do not in any condone this behaviour.

My understanding was though that you had to be breathalised first to justify being taken to station in a Gardai car? I may well be wrong, just curious. From what I've read that seems to be the case?

I would imagine that him admitting he had been drinking would be enough to justify a trip to the station?

Plek Trum

SteM wrote: »

I would imagine that him admitting he had been drinking would be enough to justify a trip to the station?

Yes, I would have presumed so too. However what I've gathered since (albeit layman talk and just researching online) is that Gardai ate supposed to do breath test roadside? No licence was asked for either until he was being processed at the station, waiting on doctor. Licence was in car, not on his person?

Cortina_MK_IV

Plek Trum wrote: »

Yes, I would have presumed so too. However what I've gathered since (albeit layman talk and just researching online) is that Gardai ate supposed to do breath test roadside? No licence was asked for either until he was being processed at the station, waiting on doctor. Licence was in car, not on his person?

As someone who had been in a head-on with a drunk that was on the wrong side of the road I'm not sure. Back then the important thing was to save his life and neither breath or blood could be taken. I/we were taken to hospital in an ambulance and instead of playing football next day I was flat on my back with a suspected spinal fracture and my wife was in a wheelchair.

The guy that hit us was fine in a while and luckily back in work after a while. So fingers crossed for your friend eh. I for one would hate to see his civil liberties infringed.

Plek Trum

Cortina_MK_IV wrote: »

As someone who had been in a head-on with a drunk that was on the wrong side of the road I'm not sure. Back then the important thing was to save his life and neither breath or blood could be taken. I/we were taken to hospital in an ambulance and instead of playing football next day I was flat on my back with a suspected spinal fracture and my wife was in a wheelchair.

The guy that hit us was fine in a while and luckily back in work after a while. So fingers crossed for your friend eh. I for one would hate to see his civil liberties infringed.

Asked I said earlier, I am very acutely aware of the sensitive nature of his charge and do not in any shape or form condone or excuse such behaviour. I am enquiring from a legal perspective, not a moral one. He has zero grounds on that. I am very sorry to hear about your awful experience

nuckeythompson

Once blood sample returned to garda , then if over the limit a summons will be issued

BrianBoru00

If he had taken a breathalyser on side of the road he would then have been retested again in the station. Basically didn'nt need to do that due to him admitting it.

Procedure was followed correctly. Licence has no bearing on it he will be being charged for intoxicated while in charge . They would have dealt with the most serious incident first.
IF he had no licence or a provisional then it would have meant he would may have had lower limits applied.

In short there is absolutely no problem with the procedure used in the case.

foggy_lad

Afaik the Gardai do not have to breathalyse anyone at the roadside, not all Guards carry the equipment, but once they stop you they can form the opinion that you are intoxicated and either request a roadside breath sample or request you accompany them to the station for a breath test or to give blood or urine for analysis. If you refuse to go willingly you may be arrested on suspicion of drink driving.

In your friends case they had crashed into a parked vehicle and had admitted drinking so the Gardai may have had ample reason to arrest them on suspicion.

Plek Trum

foggy_lad wrote: »

Afaik the Gardai do not have to breathalyse anyone at the roadside, not all Guards carry the equipment, but once they stop you they can form the opinion that you are intoxicated and either request a roadside breath sample or request you accompany them to the station for a breath test or to give blood or urine for analysis. If you refuse to go willingly you may be arrested on suspicion of drink driving



In your friends case they had crashed into a parked vehicle and had admitted drinking so the Gardai may have had ample reason to arrest them on suspicion.

Thanks guys - just to clarify, they rubbed the side of a parked car getting out of tight parking space while completing 3 point turn. Zero damage to his car bar a paint mark on the bumper 3 cm by 1cm ( not even that but I know this is damage). He was aware of the slight nudge in the wheel, panicked and drove off. I presume if there was serious damage caused to the other vehicle he would be made aware of it by the Gardai , the car owner or an insurance company by now? It is 5 days after it happened. Does it constitute a crime scene?

Does this constitute hit and run offence? I have never seen someone so sick , he is a very kind and good person who made ridiculous decision to try drive 3 miles home when no taxis were available. No excuses I know. Married with a daughter.

He hasn't eaten or slept since the incident, zero issues at all before with the gardai - we are considering calling the GP to see if he is alright. Solicitors advice is we can do.nothing until we have blood results and not to worry about the bump.

Anybody with experience in this matter that might be able to shed some light on possible outcomes please? How harshly will the judge look on this and wgar can he expect? We are desperately worried about his mental health - and yes I know, this is the result of his own actions.

Sorry if this thread has turned into a plea for advice rather than fact. I don't think any of our family expected him to be so traumatised by the experience. Again, I am not looking for moral judgement, but rather legal experience and opinion . Thank you

4ensic15

Any driver who is involved in an incident where there is a potential claim needs to contact their own insurance company promptly and advise them of the potential claim. failure to do so is a breach of the policy terms. An experienced solicitor needs to be engaged immediately to assist in minimising the hassle. Answering the above questions is taking things into the realm of legal advice. The good thing is that nobody was injured.