Are Gardai allowed bag young teenagers?

PeakOutput · 28-04-2007 02:34PM

axer wrote:

Is it actually illegal for under 18's to consume alcolhol?

nope

its not illegal totake drugs either

shane86 · 28-04-2007 02:36PM

muletide wrote:

Seems strange my arXe.. He is an underage drinker. In an ideal world your parents would be dragged up in front of a judge, humiliated, and made to explain how they let this happen.

LOL

If he was smashing cars and making an arse of himself, yes. If he was having a few cans with his mates in a field and not bothering anyone or being a danger to himself, you cant be serious.

Irish people like a drink. Thats life.

Webmonkey · 28-04-2007 02:49PM

Wow didn't know how much this thread grew!

Ok lets just clear a few thigns up here.

I am quite surprized of how people got so carried away (in start of first page).
First of all, I didn't see it as being 'that strange' but my father seems to take offense to what they were doing.
He didn't think it was right for a gaurd to put a breathalizer on a minor.

My brother was not actually caught drinking, he didn't buy the drink. Unfort it was vodka they had in a bottle so it put him 'over the limit' after a few drinks. He very light as well but as far as i know that doesn't make a different to the level of alcohol.

He was simply sitting around with a gang (no one was pissed or anything) - they were just sitting on a wall cause they couldn't get into this disco. Next thing the gaurds come over and make them blow into breathalizer. My brother tried but failed first time (I've being breatalized and it isn't as easy as people think it is to blow into it. You must blow for a long period of time)

The gaurds saw this as him not co operating so they brought him to the station (about 20 miles away) from the disco, bit far in my opinion when they could have just phoned from the disco.

Now in all fernous the two gaurds (1 male 1 female) were lovely. They even offered my brother tea and minerals at the station.

The original question was - Are the gardai allowed breathalize a minor that isn't even driving.

It seems a bit harse in my opinion but I would have thoguht they could do what they like.

As for my brother drinking a offense - obviously i agree that it was. I'm not denying that. Like others said, that had nothign to do with what i was asking.

Thanks

axer · 28-04-2007 03:01PM

#Elites wrote:

i think they just wanted to scare the kids, ive seen it happen a few times, ie: telling them they will throw them in jail or something if they dont tell them what they where doing.

Not a great way to earn respect from kids actually its probably the kind of behaviour that makes the kids see the police as them against us.

OLP · 28-04-2007 03:06PM

One night walking home from a field 2 of my mates got arrested, There where 5 of us and we were all 15/16, we weren't bothering anyone or causing any damage but these two were a danger to themselves so I can't argue that they shouldn't have been arrested but the gardai insisted on putting the cuffs on even though they fully complying, I thought that a bit strange but how and ever, one of the Gardai then said "Right lads I know ye were drinking so I'm going to have to take your detail" The thing was one of us hadn't had a drop (He's on very strong anti-biotics) and when he denied that he had drank the gardai threatened to put him in the car instead of one of the other two. That just seemed very stubborn but there was no mention of a breathalizer. But in fairness the Guards were nice about the whole thing, but I think that was mainly due to the fact that "We didn't look like scumbags" and I heard later that they just brought my mates to the station, called their parents and put them in a cell until they were collected, they even had a laugh with them.

humbert · 28-04-2007 03:13PM

He was drinking in public which is an offence but that has nothing to do with being breathalised. Are all the people condemning this guy really implying they didn't drink until they were 18?

Nevyn · 28-04-2007 03:22PM

It is no illegal for a minor to drink or to be 'given' drink but it is illegal to drink in pubikc or to have an open bottle/can of alchol and it is illegal for a minor to be intoxicated.

JC 2K3 · 28-04-2007 03:31PM

From citizensinformation.ie:

If you are under 18, you cannot legally buy alcohol or drink it unless you are in a private residence and have permission to be there.

http://www.citizensinformation.ie/categories/health/alcohol-and-drug-treatment-services/alcohol_and_the_law/?searchterm=alcohol

Gardaí suspect minors of drinking outside a private residence, to prove that they've been drinking they breathalyse them.

axer wrote:

A breathalyzer is for measuring whether someone is over the limit for driving and NOTHING ELSE from what I know.

It measures how much alcohol is in one's bloodstream, I fail to see why gardaí wouldn't be allowed to use it in any situation where they needed to check someone's blood alcohol level.

And the OP mentions that his brother didn't get into a disco. Gardaí are always outside those discos and I always presumed it was to make sure there was no underage drinking going on outside.

Crucifix · 28-04-2007 03:43PM

PHB wrote:

...cause I guarentee, at least half if not more of your friends, drank when they were 15

Kids these days.....when I was a lad we waited until we were 16!

cson · 28-04-2007 05:23PM

15 year olds binge drinking once a month? That is most definitely wrong, I live in a small town and they're at it every weekend.

I'm 18 and there have been a few times I've walked into pubs in my area lately and been/felt the oldest there by some margin. In fairness I did a fair bit myself when I was under 18 but its always they way when you become legal you start complaining about underagers... Damn underagers!

I had a mate arrested when he was 17 for faking a driving licence, he got in some **** about it, he was caught speeding a few months after and warned that the next offence would land him in court. The lengths underagers go to get drink...... a shame cos its not all its cracked up to be.

brianthebard · 28-04-2007 05:54PM

adrieanne__x wrote:

Are the Gardai allowed to breathalize someone who isn't driving though?

They would have to be, how else would they be able to legally ascertain whether or not an underage person was drunk? I mean sure you could probably tell by looking at them but that isn't really covered by the letter of the law.

timmywex · 28-04-2007 09:55PM

the breathaliysers see if there is any alcohol in the blood, if it turned up yes, it means the young person has been drinking, an offence

Webmonkey · 28-04-2007 09:58PM

timmywex wrote:

the breathaliysers see if there is any alcohol in the blood, if it turned up yes, it means the young person has been drinking, an offence

Not neccessairly. They could have drank in their private home and walked out on the streets.

Anyways thats besides the point - He done an offense by drinking in a public area. I think he has learned his lesson. If anyone is to blame it is those bouncers - All his friends got in except him for no particular reason. The guys that brought the drink even got in.

cson · 28-04-2007 10:36PM

Webmonkey wrote:

If anyone is to blame it is those bouncers - All his friends got in except him for no particular reason. The guys that brought the drink even got in.

For doing their job? Bouncers are a breed of their own no doubt but thats what they are there for, stop trouble and keep underagers out.

So if anyone is to blame its your brother himself for getting caught.

Webmonkey · 28-04-2007 10:39PM

This disco is a strictly under 18s - he is 15.
He is not a trouble maker he is just one that hangs around with the trouble makers and ends up getting caught. He doesn't seem to be able to help himself he is simply easy led - a thing that has to change for his own good.

We are not talking about night clubs, i talking about a youth disco.

Edit - this is the disco that was on the Star newspaper a few months ago if anyone interested. It is a hole of a place and should be shut down. It only kept opened to fund the local GAA. It causing more trouble than anything

cson · 28-04-2007 10:46PM

Webmonkey wrote:

This disco is a strictly under 18s - he is 15.

Fair enough, thought it was anight club he was trying to get into tbh. Its pretty common though for bouncers in youth discos to refuse kids that appear to be drunk/have taken drink. I remember when I was going to them a few years ago they used to search people and all.

Webmonkey · 28-04-2007 10:47PM

They known to kick the children around too when kicking them out. Some mightn't even have done anything out of way only be in wrong place at wrong time.
Thing is he wasn't drunk, just a little tipsy and i amn't sure if he had drink even taken when he was going in, think that happened as a result of him not getting in.

patrickolee · 28-04-2007 10:53PM

What's all this talk about 'underage drinking'... in my day we just called it 'drinking'!

The Muppet · 28-04-2007 11:03PM

I'm open ot be corrected on this but I doubt if the Gardai would be within their rights to brethalize a minor without his/her parents being present.

To all the self righteous spouting crap in this thread I can only assume
that (a) you are not parents of teenagers or (b) you have not reached 15 youself and judging some of the contributions I'd say b is nearer the mark.

PeakOutput · 28-04-2007 11:04PM

timmywex wrote:

the breathaliysers see if there is any alcohol in the blood, if it turned up yes, it means the young person has been drinking, an offence

we have already discussed this if you had of read the topic it is not an offence for someone under 18 to drink alcohol

axer · 29-04-2007 12:14AM

The Muppet wrote:

I'm open ot be corrected on this but I doubt if the Gardai would be within their rights to brethalize a minor without his/her parents being present.

Can anyone confirm this? Its what I would be thinking also.

JC 2K3 · 29-04-2007 12:35AM

PeakOutput wrote:

we have already discussed this if you had of read the topic it is not an offence for someone under 18 to drink alcohol

Are Gardaí not allowed to presume anything?

I mean what sane Garda is going to think:
"Oh look, it's 4 teenagers loitering outside a youth disco who look like they may have been drinking. I'm sure they were just in one of their houses a second ago drinking under the supervision of adults and I'm sure all of them had permission from their parents."

I don't see why Gardaí wouldn't be allowed brethalyse minors. I don't think it strictly says in the law that they can, but then again, it doesn't say they can't and it could be argued that a brethalyser test is simply an aid to observation.

PeakOutput · 29-04-2007 01:57AM

JC 2K3 wrote:

Are Gardaí not allowed to presume anything?

I mean what sane Garda is going to think:
"Oh look, it's 4 teenagers loitering outside a youth disco who look like they may have been drinking. I'm sure they were just in one of their houses a second ago drinking under the supervision of adults and I'm sure all of them had permission from their parents."

well the day i got fined i was with 5 other much more drunk people in public i got fined because i didnt see the copcar coming and still had my can in my hand the others who had blatantly just thrown there cans maybe 15ft away got away scot free because even though the gardai could make the logical connection that they are their cans legally they cannot.

I don't see why Gardaí wouldn't be allowed brethalyse minors. I don't think it strictly says in the law that they can, but then again, it doesn't say they can't and it could be argued that a brethalyser test is simply an aid to observation.

im not saying they should not be allowed breathalise them but the point is it shows nothing they are doing nothing wrong by having alcohol in their system

Chucky the tree · 29-04-2007 05:03AM

The Muppet wrote:

I'm open ot be corrected on this but I doubt if the Gardai would be within their rights to brethalize a minor without his/her parents being present.
.

I'd hope not. By the time the parents get there the drink could of out of their system, so it would be pretty stupid to have a law like that.

The Muppet · 29-04-2007 09:06AM

Chucky the tree wrote:

I'd hope not. By the time the parents get there the drink could of out of their system, so it would be pretty stupid to have a law like that.

So we don't have any stupid laws. Why would it be pretty stupid? What law did this 15 year old break?

I have never heard of them having the power to Breathalisze pedrestrains have you? Even if tehy do have that power I would be pretty sure that a Parent/Guardian would need to be present. If so the Garda was the one breaking the law.

zAbbo · 29-04-2007 09:27AM

The Muppet wrote:

So we don't have any stupid laws. Why would it be pretty stupid? What law did this 15 year old break?

I have never heard of them having the power to Breathalisze pedrestrains have you? Even if tehy do have that power I would be pretty sure that a Parent/Guardian would need to be present. If so the Garda was the one breaking the law.

It's an offence to be drunk in public ?

The Father should be more concerned about knowing where his son is at night and what he's doing, instead he's got issues with how son was 'done'.

Maybe if there was less lazy ass parenting in this country, we won't have as many knacks.

The Muppet · 29-04-2007 09:51AM

zabbo wrote:

It's an offence to be drunk in public ?

The Father should be more concerned about knowing where his son is at night and what he's doing, instead he's got issues with how son was 'done'.

Maybe if there was less lazy ass parenting in this country, we won't have as many knacks.

The Gardai can arrested for being drunk in public without brethalizing.

Gardai pledge to enfoce the law, not break them or make up their own.

Are you a parent of teenagers?

Mind you don't have a nasty fall from up there.

.

Ciaran500 · 29-04-2007 09:59AM

zabbo wrote:

The Father should be more concerned about knowing where his son is at night and what he's doing, instead he's got issues with how son was 'done'.

How the hell do you know that? :rolleyes:

He has every right to question how his son was caught, doesn't mean he doesn't care or that he won't do something about it.

The Muppet · 29-04-2007 10:13AM

Ciaran500 wrote:

How the hell do you know that? :rolleyes:

He has every right to question how his son was caught, doesn't mean he doesn't care or that he won't do something about it.

Exactly, The ignorance displayed in this thread is astounding. They obviously know nothing of parenting. They must be going to wrap their own kids in cotton wool when their time comes.

axer · 29-04-2007 11:03AM

The Muppet wrote:

What law did this 15 year old break?

He was drinking in a public place. He definitely broke the law.

I'm not sure that the gardai had the right to breathalyse the kid though. I think it doesn't show anything to the gardai i.e. the only law they broke is drinking in a public place.

Are Gardai allowed bag young teenagers?

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