Accused of giving false details when they were actually correct?

dyduckby

I've been accused of giving a false name to a Garda, after the Garda looked at my facebook page, which has my second name as my 1st. So on my summons it says my second name but i gave the officer my correct legal name at the time. I'm a little confused.
I go by my 1st name, its on every single document and ID's cards etc. i have. So how can that be false details.?
I'd hardly tell him the correct age, d.o.b. and address and then lie about my name.
Also my court date is on the same day as i have a test in college.

Little CuChulainn

This doesn't sound like the full story. Why not just call down to him with your passport?

Walter2016

So the summons has an incorrect name.

Case struck out.

For a garda to go by "Facebook" is just ridiculous and a judge will say the same.


Edit - on further reading of the op's posts, I'm calling this as complete bullsh1t.

I reckon the op is the same person who had the issue with a hotel last week and gardai constantly ringing him at 1am about a minor matter in a hotel room. - Depending on which thread you read the hotel was either in Galway or Kilkenny.

As they say, don't feed the trolls.

GM228

Walter2016 wrote: »

So the summons has an incorrect name.

If it's the correct second name and correct surname then technically it's not an incorrect name is it?

Mr. Blogs
Joe Blogs
Mr. Joe Middle Blogs
Middle Blogs etc

They are all the same person, technically, there's also the issue of the name you are known by or you commonly go by as opposed to your legal name.

Also an error like that in a summons is not a trike out either, a judge can amend or ignore it and continue on.

As LCC says, I would think there is more to this.

dyduckby

I dont mean to sound rude but of course its not the full story, I'm not going to write an essay about the full details that aren't really relevant anyway. I do plan on bringing my passport, birth cert and everything else with my name on it with me.
I was stopped because my nct was out 2 weeks, my car was confiscated (which i couldn't afford to get back) and didn't have my licence on me at the time. So thats the other 2 charges, i hope that satisfies your curiosity. i have no problem with these charges i take full responsibility.

realdanbreen

dyduckby wrote: »

I dont mean to sound rude but of course its not the full story, I'm not going to write an essay about the full details that aren't really relevant anyway. I do plan on bringing my passport, birth cert and everything else with my name on it with me.
I was stopped because my nct was out 2 weeks, my car was confiscated (which i couldn't afford to get back) and didn't have my licence on me at the time. So thats the other 2 charges, i hope that satisfies your curiosity. i have no problem with these charges i take full responsibility.

Your car was confiscated because the NCT was out 2 weeks?
is there something else that you're not telling us?

dyduckby

No, that's what happened. i thought it being out by only 2weeks wasnt a big deal either but i suppose the fact i didn't have my licence on my was a factor too.

Kimbot

I dont think the guards can confiscate yur car if its only 2 weeks out of NCT tho??? Sure they have to wait for the tax to be over a month out before they can take your car.

GM228

jonnycivic wrote: »

I dont think the guards can confiscate yur car if its only 2 weeks out of NCT tho??? Sure they have to wait for the tax to be over a month out before they can take your car.

Tax must be out at least 2 months before seizure, no such time limit on NCT.

Deagol

jonnycivic wrote: »

I dont think the guards can confiscate yur car if its only 2 weeks out of NCT tho??? Sure they have to wait for the tax to be over a month out before they can take your car.

There is no 'entitlement' to drive with tax out less than a month as many people seem to think. Generally the Gardai use their discretion on motor tax that is slightly out. However, you're breaking the law driving a car with motor tax out by a single day, same with the NCT.

realdanbreen

dyduckby wrote: »

No, that's what happened. i thought it being out by only 2weeks wasnt a big deal either but i suppose the fact i didn't have my licence on my was a factor too.

I don't believe a word of it.

dyduckby

yes thats the whole point of the question. if jim joe bloggs is jim bloggs and also joe bloggs how can either name be false?? I'm not look for this to be struck out of court, i just fail to see the logic. and if the gard is saying jim bloggs is not joe bloggs than technically is he after sending the sommons to the wrong person?

dyduckby

i dont care if you believe a word of it, thats what happened! i was there when it did

ohnonotgmail

If it is as you say then i wouldnt worry about the giving false details charge

Little CuChulainn

Makes a little more sense now. You were stopped without a licence. Garda tried to verify your details and somehow got your facebook page which showed a different name to the one you gave him.

dyduckby

because i have an unusual Surname the gard did a facebook search of the Surname (to verify my name i suppose or maybe he was just bored), seen my profile picture on my private facebook account and because it uses my second name instead of my first name he decided i gave a false name. i do have a licence just not on me that day. sorry

foggy_lad

GM228 wrote: »

If it's the correct second name and correct surname then technically it's not an incorrect name is it?

Mr. Blogs
Joe Blogs
Mr. Joe Middle Blogs
Middle Blogs etc

They are all the same person, technically, there's also the issue of the name you are known by or you commonly go by as opposed to your legal name.

Also an error like that in a summons is not a trike out either, a judge can amend or ignore it and continue on.

As LCC says, I would think there is more to this.

It appears more like the OP gave his name as Joe Bloggs but the Garda went onto Facebuuk to verify the information as facebuuk is always correct and a true record of fact, on Facebuuk he found the OPs account with the mane reversed so I was Bloggs Joe not Joe Bloggs so the Garda uses the Facebuuk name which is the incorrect first name and surname.

One_Of_Shanks

realdanbreen wrote: »

I don't believe a word of it.

And that's not like you at all... :rolleyes:

foggy_lad

dyduckby wrote: »

because i have an unusual Surname the gard did a facebook search of the Surname (to verify my name i suppose or maybe he was just bored), seen my profile picture on my private facebook account and because it uses my second name instead of my first name he decided i gave a false name. i do have a licence just not on me that day. sorry

If it was me I would let it go to court and let it be thrown out as it would also highlight the way the Gardai are now using Facebook to investigate and verify identity.

Little CuChulainn

foggy_lad wrote: »

It appears more like the OP gave his name as Joe Bloggs but the Garda went onto Facebuuk to verify the information as facebuuk is always correct and a true record of fact, on Facebuuk he found the OPs account with the mane reversed so I was Bloggs Joe not Joe Bloggs so the Garda uses the Facebuuk name which is the incorrect first name and surname.

I think you have it wrong. I think it's his first and second forenames he mixed up. His name is Jim Joe Bloggs. He gave Jim Bloggs. Facebook said Joe Bloggs. Perhaps op can clarify this. Also, was your car in your name too?

It's perfectly reasonable for a Garda to use facebook to try and verify details given to him. The alternative is to arrest him and bring him to the station until someone brings down ID.

dyduckby

I've never in my life been in trouble for anyway reason with the gardai, but yet people here are trying to vilify me here straight off the bat for asking a question about something anxious about. this seems like a very friendly place

BorneTobyWilde

nct out two weeks, seize car.
Considering the time it takes to get a test there must be 1000's and 1000's of cars out of nct two days, two weeks, 4 weeks. Makes no sense, was it booked for a test.

foggy_lad

dyduckby wrote: »

I've been accused of giving a false name to a Garda, after the Garda looked at my facebook page, which has my second name as my 1st. So on my summons it says my second name but i gave the officer my correct legal name at the time. I'm a little confused.
I go by my 1st name, its on every single document and ID's cards etc. i have. So how can that be false details.?
I'd hardly tell him the correct age, d.o.b. and address and then lie about my name.
Also my court date is on the same day as i have a test in college.

Little CuChulainn wrote: »

I think you have it wrong. I think it's his first and second forenames he mixed up. His name is Jim Joe Bloggs. He gave Jim Bloggs. Facebook said Joe Bloggs. Perhaps op can clarify this. Also, was your car in your name too?

It's perfectly reasonable for a Garda to use facebook to try and verify details given to him. The alternative is to arrest him and bring him to the station until someone brings down ID.

Generally people use one "Christian name" and one "surname" and these are very often referred to as their First and Second names.

Maybe the OP can clear this up for us?

seamus

The actual offence is giving false or misleading identification to a Garda. If someone ordinarily goes by one name and gives a different name to Gardai, whether legal or not, then there's a case to be made that they're attempting to mislead the Garda.

This would be especially true in the case where families have a tradition of using the same first name all over the place, so there may be 10 people legally called Joe Bloggs, all members of the one family and all living within a 5km radius of one another.

Anyway, since the OP mentioned facebook and I doubt the summons mentions facebook, then clearly there is more to this whole thing than he is discussing. He has clearly spoken to the Garda about it, and the Garda is not accepting the OP's version of events or identification.

OP, get yourself a solicitor.

SteM

Little CuChulainn wrote: »

It's perfectly reasonable for a Garda to use facebook to try and verify details given to him.

Perhaps, but it is it reasonable to charge him with giving a false name just based on the information they can see on his facebook page? You'd hope they do a little more investigation rather than just basing it on the fact that his christian name on facebook is different to the one he gave them.

TimeToShine

If the name you gave him is the same as the one on your ID the case could well be struck out.

Little CuChulainn

SteM wrote: »

Perhaps, but it is it reasonable to charge him with giving a false name just based on the information they can see on his facebook page? You'd hope they do a little more investigation rather than just basing it on the fact that his christian name on facebook is different to the one he gave them.

If the guy was charged then he was arrested, which means he could have had someone bring down his licence or passport and show the garda the name he gave was legit.

Pat Mustard

dyduckby wrote: »

I've been accused of giving a false name to a Garda, after the Garda looked at my facebook page,

Are you facebook friends with the Garda or something?

foggy_lad

Basically the OP has been charged because his Facebook page does not give his name as it is normally used.

If his tax and insurance and bank details etc etc all gave his Facebook name then the Garda might be onto something but as it stands the Garda has made a pretty major gaffe in using Facebook as a means or as proof of a persons name/identity.

SteM

Little CuChulainn wrote: »

If the guy was charged then he was arrested, which means he could have had someone bring down his licence or passport and show the garda the name he gave was legit.

Maybe he could or maybe this options wasn't presented to him. He hasn't mentioned if it was, and if it was then he he would have done that and wouldn't he here complaining about being charged.

realdanbreen

One_Of_Shanks wrote: »

And that's not like you at all... :rolleyes:

What!, you believe that the guards checked his facebook page and then waited around for a tow truck because the NCT was out 2 weeks!

BattleCorp

Is it normal practice for the Gardaí to confiscate a car when the NCT is out by only 2 weeks?

Special Circumstances

BattleCorp wrote: »

Is it normal practice for the Gardaí to confiscate a car when the NCT is out by only 2 weeks?

Only having consulted the Oracle of Facebook apparently.

I'm gonna have to side with rdb here unfortunately.

realdanbreen

Special Circumstances wrote: »

Only having consulted the Oracle of Facebook apparently.

I'm gonna have to side with rdb here unfortunately.

Don't worry, it does'nt mean we are best buddies!

dyduckby

I wasnt arrested and charged, if i had been, then my identification would have been brought to the station by a family member and i wouldn't be here, i was let go on my merry way but the gard said he had to seize my car because of the nct, it shouldn't be on the road without an nct and it would not be released without a valid NCT cert. (and yes he did wait around for 20min for a tow truck)
After i received the summons i contacted a friend who is a garda and he contacted the garda in this case, he said he had thought i had given him a fake name to begin with as i had no ID, (he should have arrested me if that was the case).
So say my name is Jim Joe Bloggs, the gard thought ''Bloggs'' was an unusual surname, so did a facebook search of Bloggs, and up pops Joe bloggs not Jim Bloggs. my middle/2nd name was on facebook, not the name i go by or on every ID i have which is my forename/1st name.

Pat Mustard

Walter2016 wrote: »

For a garda to go by "Facebook" is just ridiculous

Incredible, even:

1. too extraordinary and improbable to be believed <making incredible claims.>

Paulw

Pat Mustard wrote: »

Are you facebook friends with the Garda or something?

You can do a name search on Facebook, without being friends. Same on twitter or LinkedIn. A great way to find people. :eek:

Paulw

dyduckby wrote: »

After i received the summons i contacted a friend who is a garda and he contacted the garda in this case, he said he had thought i had given him a fake name to begin with as i had no ID, (he should have arrested me if that was the case).
So say my name is Jim Joe Bloggs, the gard thought ''Bloggs'' was an unusual surname, so did a facebook search of Bloggs, and up pops Joe bloggs not Jim Bloggs. my middle/2nd name was on facebook, not the name i go by or on every ID i have which is my forename/1st name.

Maybe you should bring your Garda friend to court with you, to confirm what you are saying. I'm sure your solicitor will encourage that.

Little CuChulainn

dyduckby wrote: »

I wasnt arrested and charged, if i had been, then my identification would have been brought to the station by a family member and i wouldn't be here, i was let go on my merry way but the gard said he had to seize my car because of the nct, it shouldn't be on the road without an nct and it would not be released without a valid NCT cert. (and yes he did wait around for 20min for a tow truck)
After i received the summons i contacted a friend who is a garda and he contacted the garda in this case, he said he had thought i had given him a fake name to begin with as i had no ID, (he should have arrested me if that was the case).
So say my name is Jim Joe Bloggs, the gard thought ''Bloggs'' was an unusual surname, so did a facebook search of Bloggs, and up pops Joe bloggs not Jim Bloggs. my middle/2nd name was on facebook, not the name i go by or on every ID i have which is my forename/1st name.

Yeah that makes sense. You had no ID. You gave a name. He found evidence the name might not be correct. He took your car so he probably figured there was no need to arrest you as you'd be back for the car.

Atari Jaguar

How did the Garda intend on you producing a valid NCT cert with no vehicle to have tested?

Either that Garda was an idiot, very, very green or you're telling us lies.

Little CuChulainn

Atari Jaguar wrote: »

How did the Garda intend on you producing a valid NCT cert with no vehicle to have tested?

Either that Garda was an idiot, very, very green or you're telling us lies.

You can have the vehicle released to you from the pound and drive it to the NCT centre or get it towed home.

TheChizler

Atari Jaguar wrote: »

How did the Garda intend on you producing a valid NCT cert with no vehicle to have tested?

Either that Garda was an idiot, very, very green or you're telling us lies.

It's a valid reason for seizure what's so strange?

FAILSAFE 00

Did you verify the guards ID on his Bebo page first just to be sure if he is a guard.

Atari Jaguar

Little CuChulainn wrote: »

You can have the vehicle released to you from the pound and drive it to the NCT centre or get it towed home.

The OP said the Garda would not release the vehicle unless a certificate was produced

Little CuChulainn

Atari Jaguar wrote: »

The OP said the Garda would not release the vehicle unless a certificate was produced

Pretty unlikely unless the op told him it was NCTd already. Op might be getting confused between the seizure and the demand to produce a NCT certificate within 10 days.

GM228

There's no 10 day rule for NCT anymore, and an NCT is not requires for vehicle release.

dyduckby

yes atari jaguar those were his exact words and it confused me too, how could i get a Valid cert with the car impounded? then a day or two later i got a letter on how to get it back, it said they'd release it on the day of the test to get tested, so thats what he must have meant. if i had waited for the day of the test, the fee per day impounded would have been almost as much as the value of the car. And no the gard was not green, he was a Traffic Corp guy he seemed very competent, almost robotic tbt

GM228

dyduckby wrote: »

yes atari jaguar those were his exact words and it confused me too, how could i get a Valid cert with the car impounded? then a day or two later i got a letter on how to get it back, it said they'd release it on the day of the test to get tested, so thats what he must have meant. if i had waited for the day of the test, the fee per day impounded would have been almost as much as the value of the car. And no the gard was not green, he was a Traffic Corp guy he seemed very competent, almost robotic tbt

This is not making sense for two reasons:-

1 - the ability to drive to an NCT on the day of the test with no NCT was revoked in 2003.

2 - failure to have a valid NCT is not lawful authority to retain your vehicle once you are paying for release etc.

dyduckby

does the law in this country make any sense? I'm just telling ye what happened

Little CuChulainn

GM228 wrote: »

There's no 10 day rule for NCT anymore, and an NCT is not requires for vehicle release.

A Garda can make a demand on someone to produce their NCT certificate within 10 days at a station of their choice, just like insurance and licence.

GM228

Little CuChulainn wrote: »

A Garda can make a demand on someone to produce their NCT certificate within 10 days at a station of their choice, just like insurance and licence.

That provision for the NCT was revoked in 2013.