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Citizens arrest if someone endangering life

  • 14-02-2020 11:08pm
    #1
    amadangomor
    Closed Accounts Posts: 2,148 ✭✭✭


    Came across a drunk driver that couldn't keep the car on the road a few weeks ago. Actually thought the driver was having a medical problem or something as the went straight into a hedge after stopping in the middle of the road for a moment. Was about to run over when the car reversed out and off they went swerving off down the road. Lots of kids around and pure luck that she did not hit any of them. Was about 5PM. The Garda station was a few hundred metres away so went to report. Another person arrived to report that she had driven into a ditch further down the road.

    Afterwards I was just thinking what I would have done if I had realised the reality of the situation earlier.

    Would I be within my rights to run over and take the woman out of the car in order to prevent her from being a risk to peoples lives?

    If I used my car to block her car would I be held liable if she crashed into my car?


Comments

  • #2
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    amadangomor wrote: »
    Came across a drunk driver that couldn't keep the car on the road a few weeks ago. Actually thought the driver was having a medical problem or something as the went straight into a hedge after stopping in the middle of the road for a moment. Was about to run over when the car reversed out and off they went swerving off down the road. Lots of kids around and pure luck that she did not hit any of them. Was about 5PM. The Garda station was a few hundred metres away so went to report. Another person arrived to report that she had driven into a ditch further down the road.

    Afterwards I was just thinking what I would have done if I had realised the reality of the situation earlier.

    Would I be within my rights to run over and take the woman out of the car in order to prevent her from being a risk to peoples lives?

    If I used my car to block her car would I be held liable if she crashed into my car?

    I’m not a legal person, but saw a UK documentary about exact same thing, where a citizen did force a car to stop after knocking down a pedestrian on a crossing. His friend took charge of the injured, and he drove on to stop the driver who was distracted by a rush to an appointment and seemed dazed, not having realised what she had just done, thought she just hit the kerb. It turned out the concerned citizen was indeed in his rights.


  • #3
    Esel
    Registered Users, Registered Users 2 Posts: 22,505 ✭✭✭✭Esel


    I would take the key from the ignition, although lots of newer cars don't have that.

    Not your ornery onager



  • #4
    amadangomor
    Closed Accounts Posts: 2,148 ✭✭✭amadangomor


    Esel wrote: »
    I would take the key from the ignition although lots of newer cars don't have that.

    Great idea. Was a 03 Fiesta so definitely would have a key. Should have maybe followed her to get close to get the reg but there was another car between us. Wasn't close enough to see the reg when she went into the hedge. Don't think she was caught either. No Guard at the station. I rang 999 to report. Rang the main area Garda station later to see was she caught and they never heard anything:confused:


  • #5
    Capt'n Midnight
    Moderators, Recreation & Hobbies Moderators, Science, Health & Environment Moderators, Technology & Internet Moderators Posts: 92,480 Mod ✭✭✭✭Capt'n Midnight


    http://www.irishstatutebook.ie/eli/1997/act/14/enacted/en/print#sec4
    Only valid for offences that carry sentences of 5 years or more.

    Like using a camera phone in a cinema

    Make sure you don't falsely imprison someone or open your self to be sued for defamation or whatnot.

    This is probably not the way to do it
    https://www.irishtimes.com/news/crime-and-law/courts/high-court/man-fails-to-effect-citizen-s-arrest-of-high-court-judge-1.4046926
    Stephen Manning, a candidate in the 2016 general election, asked Mr Justice Michael MacGrath, a solicitor for the DPP and a barrister to accompany him to a Garda station where he could effect a citizen’s arrest.

    This is better
    https://twitter.com/MarshsLibrary/status/1095314944751472641


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