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Been Drunk!

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  • 14-10-2008 9:33pm
    #1
    chem
    Registered Users Posts: 1,230 ✭✭✭


    Can a garda say you were drunk, without the person taking a breath test, or blood test? In a case , for example, drunk and disorderly. Can a Gard say the person was drunk in court without any evidence apart from they looked/seemed drunk?
    Tagged:


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    #2
    McCrack
    Registered Users Posts: 2,968 ✭✭✭McCrack


    The short answer is yes.

    The prosecuting Garda will have stated it in his report and he will then recite it to the Judge under oath. If it's a situation of his word against Johnner you know whos evidence the Judge is more likely to believe.

    I'm a firm believer that there's no smoke without fire, people are not arrested under Public Order for absolutely no reason at all.


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    #3
    nuac
    Moderators, Society & Culture Moderators Posts: 6,769 Mod ✭✭✭✭nuac


    I agree with McCrack. Even judges who normally are very impartial or even sceptical towards Garda evidence are inclined to accept the Garda evidence in public order cases, if only on the basis that the Garda wasn't drinking and may have some notes taken. Also in many public areas nowadays there is CCTV evidence..

    most people caught drunk and misbehaving do not fully realise or often do not even remember how disorderly they were. What they consider was some good humoured horseplay and banter strikes others as boorish threatening and loudmouthed behaviour on the streets often late at night.

    Garda verbal evidence only applied once in drunken driving cases, but since 1968 blood and urine tests and more recently intoxiliser tests came in.


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    #4
    deadwood
    Registered Users Posts: 1,938 ✭✭✭deadwood


    A Garda can give evidence that a person is intoxicated, which might be as a result of other drugs as well as alcohol. No test other than observation are required. Smells, speech, walking (or lack of) etc. give the picture.

    In drink driving cases, breath, blood or urine samples or failing those, the observations of a doctor, are required.

    Being drunk is not an offence in itself but intoxication to such an extent that you may be a danger to yourself or others is.

    There is no such offence as "drunk and disorderly" in Ireland but it has come into common use by the public.

    There are separate public order {Criminal Justice (Public Order) Act 1994} offences each for intoxication in a public place, disorderly conduct and threatening/abusive/insulting behaviour. Being intoxicated usually goes hand in hand with these offences but not always.


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    #5
    chem
    Registered Users Posts: 1,230 ✭✭✭chem


    Thanks for the replys!

    So why is it ok in public order offences to just say a person, looked or seemed drunk. And not OK in a drink driving offence? What is the deffination in law of being drunk? If in law its a reading of blood/ethanol content how can a garda make that call in a non motor related offence?

    Is this open to challange?


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    #6
    Steve
    Moderators, Category Moderators, Entertainment Moderators, Sports Moderators Posts: 22,584 CMod ✭✭✭✭Steve


    I would assume it's because the drink drive alcohol limits are specifically defined in law (in mg/ml of blood etc) and therefore a test is required do prove it.

    In a public order incident, there are no defined alcohol limits so the state of 'drunkenness' must be ascertained by observation.


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