Adult Caution

Unknkwn

So I got arrested for being drunk last year, and was given the very much appreciated chance for a caution. A date was picked but due to circumstances on their end, the caution had to be rescheduled. When I got a phonecall again, at this point I was in college and explained this to the garda and he told me that he would try and get someone to stay back after the office finishing hours. Problem is, he has never gotten back to me and this was a good 3 months ago. I've had a pit in my stomach worried that I'd miss this phonecall, as I am busy working during the day and must keep my phone off, and I was wondering if I miss the phonecall, will they ring again? This should have been taken care of last August and it is not my fault that new regulations came into the garda stations, and I'd just like piece of mind.

Fred Swanson

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punisher5112

Write a letter to them or an email may suffice.

Samuel T. Cogley

How on God's name did you get arrested for being drunk. You must have had some night bucko.

As other's have said make your way down to the cop shop and ask.

Pat Mustard

Unknkwn wrote: »

So I got arrested for being drunk last year.

Was the incident itself three months ago or was just the date for the caution? How far back was the incident?

Unknkwn

Pat Mustard wrote: »

Was the incident itself three months ago or was just the date for the caution? How far back was the incident?

The incident was last may or somewhere around that time.. a ridiculously long time ago.
I already tried to arrange a caution with them a while back by going down but they are ignorant ***** and said it's up to the prosecuting officer.

Fred Swanson

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Unknkwn

Fred Swanson wrote: »

If the incident was last May, they are out of time to make an application for a summons. I would just sit tight.

Really? I mean I know it's in their best interest to get the situation taken care of asap but I didn't know they had a time frame.. I tried to find out about that myself but Google didn't give me any answers.. maybe they forgot about me I dunno.. either way I don't plan on getting arrested again so I've learned my lesson

NUTLEY BOY

Fred Swanson wrote: »

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Is there any danger that they may have lodged the request with the relevant summons office but not yet served it ? I understand that there is 6 months from the date of an alleged incident within which to lodge a request for a summons as distinct from serving it.

GM228

NUTLEY BOY wrote: »

Is there any danger that they may have lodged the request with the relevant summons office but not yet served it ? I understand that there is 6 months from the date of an alleged incident within which to lodge a request for a summons as distinct from serving it.

This is correct, 6 months is only the time limit for making a complaint, not service of summons.

Issuing of a summons though also raises another question of fairness under the principles of fair procedures and fundamental fairness as a fixed penalty is available for intoxication in a public place.

Lmklad

Firstly you would be within your rights to refuse the caution as you are entitled to a ticket fine similar to a fixed charge penalty notice.

You only get one caution and I certainly wouldn’t waste it on an incident where a ticket would suffice.

Similarly with a summons, one cannot be issued unless you were issued a ticket first.

Unknkwn

Lmklad wrote: »

Firstly you would be within your rights to refuse the caution as you are entitled to a ticket fine similar to a fixed charge penalty notice.

You only get one caution and I certainly wouldn’t waste it on an incident where a ticket would suffice.

Similarly with a summons, one cannot be issued unless you were issued a ticket first.

Nah I wasn't issued a ticket. They kept me overnight due to me being intoxicated and when I was let out the guard said that I'd be gettino a caution, tho didn't say anything else. I didn't ask any questions because I was just happy I wasn't going to be charged. Also, I'm a very rare case where it was not taken care of soon after the incident due to the change of rules or something like that in the garda station that meant my caution had to be postponed. I don't live in a city so I'm assuming that is they issued a summons that I would have received it long before now.

Unknkwn

GM228 wrote: »

This is correct, 6 months is only the time limit for making a complaint, not service of summons.

Issuing of a summons though also raises another question of fairness under the principles of fair procedures and fundamental fairness as a fixed penalty is available for intoxication in a public place.

Also I may just state that six months on from may would have been November, and at this point I was still waiting on a reply from the guard about giving me a date for the caution as I was living away from where it happened and it was awkward for me to get a bus there when I hadon't college going on which he understood. The last thing he said to me was "ok leave it with me" and if I had to guess I'd say that was around late September or early ocover. So in that case, would it not then be too late to put it in service?

Lmklad

Unknkwn wrote: »

GM228 wrote: »

This is correct, 6 months is only the time limit for making a complaint, not service of summons.

Issuing of a summons though also raises another question of fairness under the principles of fair procedures and fundamental fairness as a fixed penalty is available for intoxication in a public place.

Also I may just state that six months on from may would have been November, and at this point I was still waiting on a reply from the guard about giving me a date for the caution as I was living away from where it happened and it was awkward for me to get a bus there when I hadon't college going on which he understood. The last thing he said to me was "ok leave it with me" and if I had to guess I'd say that was around late September or early ocover. So in that case, would it not then be too late to put it in service?

You may no longer be issued with a summons. You must be issued a ticket first and that has a limit of 56 days. I’d say you’re in the clear.

Fred Swanson

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Unknkwn

Fred Swanson wrote: »

If they come with an offer of a caution you can safely decline their kind offer.

Ok thanks for clearing that up haha