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Garda stops

  • 09-09-2020 10:04pm
    #1
    80j2lc5y7u6qs9
    Closed Accounts Posts: 957 ✭✭✭


    This did not happen to me or anyone i know.It is a curiosity



    If a garda stops you driving you have to give name under road traffic legislation.Do you have to answer question as where are you going to/coming from and what is your business?


    I would say you do not have to.


Comments

  • #2
    Richmond Ultra
    Registered Users, Registered Users 2 Posts: 458 ✭✭Richmond Ultra


    Jazmin Salty Worshiper wrote: »
    This did not happen to me or anyone i know.It is a curiosity



    If a garda stops you driving you have to give name under road traffic legislation.Do you have to answer question as where are you going to/coming from and what is your business?


    I would say you do not have to.

    Section 40 of the Road Traffic Act, 1961 permits a Garda to demand a licence of a person driving a mpv. If you don't have a license on you, they can ask for the details so as to verify the details etc.

    I'd give the details.


  • #3
    bobbyy gee
    Banned (with Prison Access) Posts: 1,306 ✭✭✭bobbyy gee


    give him minimum information then stop talking

    https://www.citizensinformation.ie/en/justice/arrests/questioning_and_surveillance.html


  • #4
    antix80
    Registered Users, Registered Users 2 Posts: 2,419 ✭✭✭antix80


    Jazmin Salty Worshiper wrote: »
    Do you have to answer question as where are you going to/coming from and what is your business?

    Of course not.

    They'll already have info about you. Your address is on your licence for one. Not sure if they can see where vehicle is registered..

    Anyway in the example of covid travel restrictions if you didnt tell them your reason for travelling and where you were going they could easily turn you back.


  • #5
    Nexytus
    Closed Accounts Posts: 154 ✭✭Nexytus


    You don't have to give your name straight off.

    If you're asked for a driving licence and you don't have one then you must give your name.

    You don't have to give information about where you're coming from or going to.


  • #6
    nthclare
    Banned (with Prison Access) Posts: 3,315 ✭✭✭nthclare


    Just give them your name, you've nothing to hide and are an outstanding citizen.

    Acting the maggot with guards will only draw attention to yourself, and they'll play hardball if you want to be part of the game.

    Nothing more satisfying to a guard than some paranoid schizophrenic hopping up and down in his car thinking his civil liberties are being taken away.

    Like a good lad just play ball and they won't make life hard for you :)


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  • #7
    mynamejeff
    Banned (with Prison Access) Posts: 3,315 ✭✭✭mynamejeff


    bobbyy gee wrote: »
    give him minimum information then stop talking

    https://www.citizensinformation.ie/en/justice/arrests/questioning_and_surveillance.html

    charming


    but an ineffective way of going through life and will result in a lot of unnecessary hassle for you and the garda so why ?

    do people really think that the gardai give a toss about where you are going to or coming from ?

    the short conversation is to see if your nervous of slurring your words or to give them a chance to see if there is a funny smell from the car.

    sure you might not be obligated by law to tell them your going down to Tesco or what ever but what are people afraid they are going to do with that information ?


  • #8
    Bikerman2019
    Closed Accounts Posts: 992 ✭✭✭Bikerman2019


    mynamejeff wrote: »
    charming


    but an ineffective way of going through life and will result in a lot of unnecessary hassle for you and the garda so why ?

    do people really think that the gardai give a toss about where you are going to or coming from ?

    the short conversation is to see if your nervous of slurring your words or to give them a chance to see if there is a funny smell from the car.

    sure you might not be obligated by law to tell them your going down to Tesco or what ever but what are people afraid they are going to do with that information ?


    I agree with most of the above. Any time I was pulled, being polite does help. Acting the bollix only causes more issues and I believe the small talk is only a way to check have you been drinking or are nervous and warrant a closer look.


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