Do you have to spell your name to Garda?

Kolido · 20-06-2012 03:16PM

Ray Palmer wrote: »

I know the Garda can ask you your name and you have to give it but do you have to spell it?

Why would you have to spell 'it'

I'm sure they are not that stupid.

mikemac1 · 20-06-2012 03:20PM

It's the like the smart man who insists the Garda deals with you in Irish

Fair enough, that's your right

They'll bring you to the station and leave you waiting for a few hours until they bother to bring a garda to speak to you

Being a smart ass gets you nowhere

crazygeryy · 20-06-2012 03:23PM

mikemac1 wrote: »

It's the like the smart man who insists the Garda deals with you in Irish

Fair enough, that's your right

They'll bring you to the station and leave you waiting for a few hours until they bother to bring a garda to speak to you

Being a smart ass gets you nowhere

Yea but being a dick head of a garda seems to get you every where.

Calibos · 20-06-2012 03:24PM

Stop slumping in your car seat like a gangsta, dressing like a skanger, take the fcuking xenon bulbs out of your bog standard mirrored headlight housings (Theres a reason Xenons need a projector housing) and maybe, just maybe you won't have a chip on your shoulder because the guards stop you in the car every other week. :rolleyes:

Ray Palmer · 20-06-2012 04:09PM

mikemac1 wrote: »

It's the like the smart man who insists the Garda deals with you in Irish

Fair enough, that's your right

They'll bring you to the station and leave you waiting for a few hours until they bother to bring a garda to speak to you

Being a smart ass gets you nowhere

Didn't think they could do that as the Garda has to speak Irish to you not another one back at the station.

mikemac1 · 20-06-2012 04:26PM

They got rid of the Irish exams

They are a good few non nationals recruited too

Pherekydes · 20-06-2012 04:28PM

I have to spell my surname for everybody!

And it ain't a difficult one.

seamus · 20-06-2012 04:32PM

Ray Palmer wrote: »

Didn't think they could do that as the Garda has to speak Irish to you not another one back at the station.

If they're going to arrest you, they can just take you back to the station and let anothe Garda do the arrest.

If they're just trying to talk to you at the roadside, they can't take you down the station, however they can leave you standing at the roadside for 30 minutes while they "wait" for an Irish-speaking Garda to turn up.

im invisible · 20-06-2012 04:41PM

im invisible · 20-06-2012 04:43PM

Pherekydes wrote: »

I have to spell my surname for everybody!

And it ain't a difficult one.

only after noticing your name ISNT Phere-dykes:eek:

20-06-2012 04:50PM

Conall Cernach wrote: »

B.A._Baracus wrote: »

Why would you give your real name?

Sure, if you got ID on you and the gardai is looking to check your pockets ... you gotta say your real name. But if you are randomly stopped (or there abouts) why say your real name?

Because it's an offence to give a false name. Also sometimes guards will ask you your name even if they already know it just to catch you out. I've been asked my name and address dozens, if not hundreds, of times over the years and often by a guard who knows rightly who I am.

So you are well known to the gardai then

Pherekydes · 20-06-2012 04:51PM

im invisible wrote: »

only after noticing your name ISNT Phere-dykes:eek:

You're not the first. :rolleyes:

westendgirlie · 20-06-2012 04:55PM

I always thought you were a dyke too

BRAIN FEEDs · 20-06-2012 04:56PM

Fuinseog wrote: »

if he mispels ur name it can get thrown out of court

all the guard will do is seek to have the summons amended.

saw a girl today in the district court,charged under the name cathriona,guard asked it to be amended to Catherine.

Hardonraging · 20-06-2012 04:59PM

Spell it out to them, sure i just point ...

juan.kerr · 20-06-2012 05:02PM

I really pity any Garda having to deal with a smart arse like the OP. You should be proud of yourself, you really got one over on 'the man'.

20-06-2012 05:11PM

Ffs any garda can ask to see ID. No need to be silly if asked to spell your name, you are just being a pr1ck.

Pherekydes · 20-06-2012 05:18PM

westendgirlie wrote: »

I always thought you were a dyke too

I think I'll change my username to an overtly feminine one after this.

Pherekydes was one of the ancient Greek muses, and was thought to be one of western civilization's first philosophers and a teacher of Pythagoras.

Unavailable for Comment · 20-06-2012 05:20PM

Ray Palmer wrote: »

I know the Garda can ask you your name and you have to give it but do you have to spell it?

Yes, you absolutely have to spell it out if required.

In certain situations a Garda can demand your name and you are legally obliged to obey and inform him of what your name is. If the Garda is then unable to understand your accent or indeed unable to spell the name himself he is entitled to ask that you spell it for him. The duty lies with you to ensure he comprehends therefore refusing to comply would be the exact same as refusing to give it in the first place.

However you are under no obligation to spell it out unless requested. It doesn't matter much anyway as an incorrectly titled summons is rarely enough to have a case thrown out.

Conall Cernach · 20-06-2012 05:21PM

Deleted User wrote: »

Ffs any garda can ask to see ID. No need to be silly if asked to spell your name, you are just being a pr1ck.

They can ask for ID but you don't have to show it (unless you're driving a car that is). Not everyone has ID anyway.

Ray Palmer · 20-06-2012 05:23PM

juan.kerr wrote: »

I really pity any Garda having to deal with a smart arse like the OP. You should be proud of yourself, you really got one over on 'the man'.

Did it ever dawn on you that the guard was being a smart arse?
My offense was cycling in a cycle lane. He thought it was a path and told me to get onto the road. He refused to look at the sign indicating a cycle path. I refused, cycled on he caught up with me and then asked my name. I told him and then he asked me to spell it. As he chased me he would have noticed all the cycle lane signs.
He most likely let it go because he was wrong. If he had been polite and reasonable no problems entirely his own doing in the first place.

Ray Palmer · 20-06-2012 05:28PM

Unavailable for Comment wrote: »

Ray Palmer wrote: »

I know the Garda can ask you your name and you have to give it but do you have to spell it?

Yes, you absolutely have to spell it out if required.

In certain situations a Garda can demand your name and you are legally obliged to obey and inform him of what your name is. If the Garda is then unable to understand your accent or indeed unable to spell the name himself he is entitled to ask that you spell it for him. The duty lies with you to ensure he comprehends therefore refusing to comply would be the exact same as refusing to give it in the first place.

However you are under no obligation to spell it out unless requested. It doesn't matter much anyway as an incorrectly titled summons is rarely enough to have a case thrown out.

What's the law and I assume you mean requested not required in your first line

Unavailable for Comment · 20-06-2012 05:31PM

Ray Palmer wrote: »

What's the law and I assume you mean requested not required in your first line

The Garda was demanding your name and address under the Road Traffic Act 1961 and no, I meant required. It wasn't a polite request but a demand.

108.—A member of the Garda Síochána may demand of a person in charge of a pedal cycle whom the member suspects of having committed any crime or offence or of having been concerned or involved in a collision or other event in a public place causing injury to person or property, the name and address of such person, and if such a person refuses or fails to give his name and address or gives a name or address which the member has reasonable grounds for believing to be false or misleading, the member may take the cycle, by force if necessary, and retain it until such time as he is satisfied as to the identity of such person.

seamus · 20-06-2012 05:32PM

Ray Palmer wrote: »

Did it ever dawn on you that the guard was being a smart arse?
My offense was cycling in a cycle lane. He thought it was a path and told me to get onto the road. He refused to look at the sign indicating a cycle path. I refused, cycled on he caught up with me and then asked my name. I told him and then he asked me to spell it. As he chased me he would have noticed all the cycle lane signs.

Assuming that you were right and the Garda was wrong, you are still under an obligation as a road user to obey directions from a Garda. So while you were well within your rights to debate the point with the Garda, you were not entitled to ignore him and continue cycling on the cycle lane.
If you had simply cycled on the road like you were directed to do, he wouldn't have chased you.

RobbingBandit · 20-06-2012 05:35PM

Yes although I do usually spell it backwards first time.

BattleCorp · 20-06-2012 05:38PM

Fuinseog wrote: »

if he mispels ur name it can get thrown out of court

100% not true. The judge can amend the summons there and then in the court.

Capt'n Midnight · 20-06-2012 05:54PM

RobbingBandit wrote: »

Yes although I do usually spell it backwards first time.

I've warned you about that before Bob.

MagicSean · 20-06-2012 05:59PM

You're quite lucky he didn't arrest you. He may follow up with a prosecution though.

Ray Palmer · 20-06-2012 06:08PM

Unavailable for Comment wrote: »

Ray Palmer wrote: »

What's the law and I assume you mean requested not required in your first line

The Garda was demanding your name and address under the Road Traffic Act 1961 and no, I meant required. It wasn't a polite request but a demand.

108.—A member of the Garda Síochána may demand of a person in charge of a pedal cycle whom the member suspects of having committed any crime or offence or of having been concerned or involved in a collision or other event in a public place causing injury to person or property, the name and address of such person, and if such a person refuses or fails to give his name and address or gives a name or address which the member has reasonable grounds for believing to be false or misleading, the member may take the cycle, by force if necessary, and retain it until such time as he is satisfied as to the identity of such person.

No where does that say I have to spell it!

Ray Palmer · 20-06-2012 06:13PM

seamus wrote: »

Ray Palmer wrote: »

Did it ever dawn on you that the guard was being a smart arse?
My offense was cycling in a cycle lane. He thought it was a path and told me to get onto the road. He refused to look at the sign indicating a cycle path. I refused, cycled on he caught up with me and then asked my name. I told him and then he asked me to spell it. As he chased me he would have noticed all the cycle lane signs.

Assuming that you were right and the Garda was wrong, you are still under an obligation as a road user to obey directions from a Garda. So while you were well within your rights to debate the point with the Garda, you were not entitled to ignore him and continue cycling on the cycle lane.
If you had simply cycled on the road like you were directed to do, he wouldn't have chased you.

You do not have to obey an instruction that puts you danger. The road would have increased the danger to me on that stretch of road. He also has to have a legitimate reason he did not in this circumstance. He didnt have to explain it to me but he was wrong and rude. I was just going to work

Do you have to spell your name to Garda?

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