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Help re Garda fine last minute please

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  • 17-03-2020 7:37pm
    #1
    Registered Users Posts: 39


    Thank you for the helpful replies. Only editing due to the personal nature of the post.

    TLDR Someone close to me got a fine from the Gardai for trying to do something to harm themselves whilst under the influence of alcohol. Didn’t want to pay fine due to mental health crisis but apparently had to as alcohol was involved.
    Thanks to all


Comments

  • Registered Users Posts: 14,528 ✭✭✭✭Witcher


    Pay the fine ffs, €80 or hundreds fighting it in court and he'll certainly lose. Completely pointless. He could have been arrested and charged with two offences and been up in court going by your story. This way he has a simple monetary fine and it's done with.


  • Registered Users Posts: 3,492 ✭✭✭Killinator


    If you read what section of law is mentioned on the fine it'll be Section 4 Criminal Justice (Public Order) Act 1994:

    It shall be an offence for any person to be present in any public place while intoxicated to such an extent as would give rise to a reasonable apprehension that he might endanger himself or any other person in his vicinity.

    It's fairly clear from you're version of events that at the very least John was a danger to himself and he needed to be restrained, endangering others around him.


  • Registered Users Posts: 39 Son of a gun


    Ok, thanks for your input. Would you have experience in the courts at all? I really didn’t think what he did could be prosecuted ie try to commit suicide. It seems very hard on a young man.


  • Registered Users Posts: 3,492 ✭✭✭Killinator


    I'm in court all the time due to my job but each district and judge will see it differently if he let it roll to summons.

    If he had done it minus the being drunk bit there'd be no issue but I reckon the drink played a large factor in it and heavily influenced how things happened on the night

    Look at the legislation, if he believes he didn't breach that law above then he has a job explaining how as it seems fairly open and shut that he did breach it


  • Registered Users Posts: 14,528 ✭✭✭✭Witcher


    He's not being prosecuted for attempting suicide he's been issued an FCPN for being intoxicated in public and a danger to himself and others. If he chooses not to pay it he'll get a summons to court, the guard will say a doctor stated he wasn't suicidal and he'll be convicted. If he decides not to attend he'll have a bench warrant issued for him.


    Pay the €80


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  • Registered Users Posts: 73,396 ✭✭✭✭colm_mcm


    He’s not being prosecuted for trying to commit suicide. I honestly can’t see the angle you’re coming from - He had a very near escape and now he, his friends and family have a second chance to try and make sure he gets the help he needs for this not to happen again.
    It’s a fine, it’s not a court appearance or a criminal record.


  • Registered Users Posts: 39 Son of a gun


    Thanks for the replies


  • Registered Users Posts: 22,035 ✭✭✭✭Esel


    If he goes to court and loses, that could seriously impact his mental health issues.

    Paying the fine tomorrow consigns the whole episode to the past - done and dusted.

    He may not be happy about paying the fine, but the alternative of contesting this in court is realistically not a runner. I hope you can convince him to see sense.

    He has more than enough on his plate without the added stress.

    Not your ornery onager



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