Hi,
One evening I went for a walk for some fresh air (genuine here as I had/have a lot on my mind in relation to family law and personal issues).
I stopped on the footpath of an empty street to light a cigarette. A Garda car approached me and two female Garda approached me and asked me my name.
I responded in a polite manner "Why do you ask?" and before I know it I was cuffed and taken to the station.
I was searched, and it was claimed that I was drunk and disorderly. I was neither drunk nor disorderly in my opinion. (I had been to the pub and had 3 or possibly 4 pints of larger at most - a local taxi can confirm that I was sober as a judge when I was dropped of around 10PM that evening. In fact as I had only intended to go out for a brief drink I had the taxi stop at the local off license just before 10PM and I bought some beers for later that evening when I returned. I left the beer in the taxi as I explained that I would be returning soon and would use the same cab).
It was around 11:30/11:45 ish that evening when I was detained.
I co-operated fully with the Garda, and even while cuffed in the back of the car I explained my situation and gave my full name and address and apologised for any misunderstanding)
I was never formally arrested but kept in the cells until around 4:30 am. I was the only person detained in the station that night. I tried to explain my situation and be as reasonable as possible with the "member-in-charge".
I never received my "notification of detention". I was asked some questions if I wanted a solicitor, etc. I replied yes and also yes to have a member of the embassy informed. (I hold British Citizenship as from N.I.) I was told my solicitor was not answering the phone and I requested a duty solicitor. I was told none was available. I was told the British Embassy was unavailable also.
I was not violent, or abusive, in fact quite the opposite. I was informed that I was being held for being intoxicated or drunk in a public place. It was clear that I was not drunk. I requested to have breath, blood, urine sample taken but this was declined.
When put in the cell I was not disorderly but did find a previous person had left a copy of detention notice and rights. I repeatedly knocked the door and requested to speak to the "member in charge". I was never cautioned or fingerprinted, or interviewed (formally), etc. I was searched I tried to ask why but at this stage I just complied. I did not have anything in my possession that I shouldn't have had
Eight times I asked for samples or tests for alcohol intoxication. I repeatedly requested for medical attention as it was mentioned on the sheet I found in the cell that I was entitled to it if requested. I was told none was available. I requested a glass of water, none was given, nor food, nor anything to wash my hands after using the horrid hole in the floor toilet.
On numerous occasions I tried to reason with the member in charge and explained that I was clearly not drunk and there was a misunderstanding of some kind. It was no use. I requested documentation to be given to me about the reasons for my detention. Was I under arrest? If so what for?
I did get a bit stubborn at times claimed that I was being held illegally as I had not been arrested, etc. I also handed him my belt which he had forgotten to remove.
I was refused to go out for a cigarette as "member in charge" claimed to be on his own and it wasn't possible. (I could clearly hear others present).
I did not sleep, as the place was filthy and I wanted to be released as there was clearly a mistake.
At 4:30 am ish I was allowed to leave, and I collected my belongings in a brown paper bag. No paperwork was given to me. The two female Garda that cuffed me were just finishing their shift and heading out the door.
I inquired in a gentle and genuine tone along the lines of "what was all that about? It was clear that I wasn't drunk. I'm sorry if I came across as being cheeky, but I didn't refuse to give my name. I wasn't causing any trouble, why did they detain me?"
I stated that it was over the top to hold me like that, and that I'm good humoured and would have accepted a "slap on the wrists" for questioning authority, (by asking the reason they wanted my details) etc. but felt that was over the top and would to take it further.
In my opinion it was clear they knew they had wrongfully detained me and not followed procedure properly. I tried to make sense of things and tried to understand their reasons for doing what they did.
I jokingly suggested they overlook my next speeding ticket, etc (I now realise this wasn't exactly a smart idea but at the time I was trying to diffuse any tensions, etc).
I left the station at the same time as the two Garda and asked them did they not have any paperwork prepared? There was none. I spoke with them on the way out and said "you know that was way out of order and I could take things further but would rather forget it, and I asked what was the problem?"
They told me to "F***K OFF" as they sped off from the station. I asked for their details and they repeated the F Off remark.
I couldn't believe what I heard. I always had utmost respect for Garda or any police force, etc. I was gobsmacked as I sat outside the station and after hearing those comments I returned and spoke politely to the new chap behind the counter, and tried to get a reason for my detention. "I've only started my shift, I know nothing about anything" was his response.
Even when I asked for the details of the Garda that detained me. Still gobsmacked I enquired further and demanded to have a "charge sheet" or similar. I was given a standard notice of detention, same as I found in the cell and after I insisted the Garda wrote on the top "arrested for_____")
I was "directed" off the premises so complied immediately.
Anyway I never took matters any further but had thought of contacting the garda ombudsman. But low an behold nearly 2 months later I got a summons or 3 through the post. I couldn't believe it.
All public order, etc
1 was withholding name
1 was intoxicated in public
other was intoxicated and being a danger to self or others.
Clearly not guilty except possibly not instantly giving my name.
What should I do about this.
Complain, fight it (judge is bound to believe Garda).
I have lost much respect for the Garda as a result, but I realise my experience doesn't reflect the complete force..
Question is what do I do about the summons??
One evening I went for a walk for some fresh air (genuine here as I had/have a lot on my mind in relation to family law and personal issues).
I stopped on the footpath of an empty street to light a cigarette. A Garda car approached me and two female Garda approached me and asked me my name.
I responded in a polite manner "Why do you ask?" and before I know it I was cuffed and taken to the station.
I was searched, and it was claimed that I was drunk and disorderly. I was neither drunk nor disorderly in my opinion. (I had been to the pub and had 3 or possibly 4 pints of larger at most - a local taxi can confirm that I was sober as a judge when I was dropped of around 10PM that evening. In fact as I had only intended to go out for a brief drink I had the taxi stop at the local off license just before 10PM and I bought some beers for later that evening when I returned. I left the beer in the taxi as I explained that I would be returning soon and would use the same cab).
It was around 11:30/11:45 ish that evening when I was detained.
I co-operated fully with the Garda, and even while cuffed in the back of the car I explained my situation and gave my full name and address and apologised for any misunderstanding)
I was never formally arrested but kept in the cells until around 4:30 am. I was the only person detained in the station that night. I tried to explain my situation and be as reasonable as possible with the "member-in-charge".
I never received my "notification of detention". I was asked some questions if I wanted a solicitor, etc. I replied yes and also yes to have a member of the embassy informed. (I hold British Citizenship as from N.I.) I was told my solicitor was not answering the phone and I requested a duty solicitor. I was told none was available. I was told the British Embassy was unavailable also.
I was not violent, or abusive, in fact quite the opposite. I was informed that I was being held for being intoxicated or drunk in a public place. It was clear that I was not drunk. I requested to have breath, blood, urine sample taken but this was declined.
When put in the cell I was not disorderly but did find a previous person had left a copy of detention notice and rights. I repeatedly knocked the door and requested to speak to the "member in charge". I was never cautioned or fingerprinted, or interviewed (formally), etc. I was searched I tried to ask why but at this stage I just complied. I did not have anything in my possession that I shouldn't have had
Eight times I asked for samples or tests for alcohol intoxication. I repeatedly requested for medical attention as it was mentioned on the sheet I found in the cell that I was entitled to it if requested. I was told none was available. I requested a glass of water, none was given, nor food, nor anything to wash my hands after using the horrid hole in the floor toilet.
On numerous occasions I tried to reason with the member in charge and explained that I was clearly not drunk and there was a misunderstanding of some kind. It was no use. I requested documentation to be given to me about the reasons for my detention. Was I under arrest? If so what for?
I did get a bit stubborn at times claimed that I was being held illegally as I had not been arrested, etc. I also handed him my belt which he had forgotten to remove.
I was refused to go out for a cigarette as "member in charge" claimed to be on his own and it wasn't possible. (I could clearly hear others present).
I did not sleep, as the place was filthy and I wanted to be released as there was clearly a mistake.
At 4:30 am ish I was allowed to leave, and I collected my belongings in a brown paper bag. No paperwork was given to me. The two female Garda that cuffed me were just finishing their shift and heading out the door.
I inquired in a gentle and genuine tone along the lines of "what was all that about? It was clear that I wasn't drunk. I'm sorry if I came across as being cheeky, but I didn't refuse to give my name. I wasn't causing any trouble, why did they detain me?"
I stated that it was over the top to hold me like that, and that I'm good humoured and would have accepted a "slap on the wrists" for questioning authority, (by asking the reason they wanted my details) etc. but felt that was over the top and would to take it further.
In my opinion it was clear they knew they had wrongfully detained me and not followed procedure properly. I tried to make sense of things and tried to understand their reasons for doing what they did.
I jokingly suggested they overlook my next speeding ticket, etc (I now realise this wasn't exactly a smart idea but at the time I was trying to diffuse any tensions, etc).
I left the station at the same time as the two Garda and asked them did they not have any paperwork prepared? There was none. I spoke with them on the way out and said "you know that was way out of order and I could take things further but would rather forget it, and I asked what was the problem?"
They told me to "F***K OFF" as they sped off from the station. I asked for their details and they repeated the F Off remark.
I couldn't believe what I heard. I always had utmost respect for Garda or any police force, etc. I was gobsmacked as I sat outside the station and after hearing those comments I returned and spoke politely to the new chap behind the counter, and tried to get a reason for my detention. "I've only started my shift, I know nothing about anything" was his response.
Even when I asked for the details of the Garda that detained me. Still gobsmacked I enquired further and demanded to have a "charge sheet" or similar. I was given a standard notice of detention, same as I found in the cell and after I insisted the Garda wrote on the top "arrested for_____")
I was "directed" off the premises so complied immediately.
Anyway I never took matters any further but had thought of contacting the garda ombudsman. But low an behold nearly 2 months later I got a summons or 3 through the post. I couldn't believe it.
All public order, etc
1 was withholding name
1 was intoxicated in public
other was intoxicated and being a danger to self or others.
Clearly not guilty except possibly not instantly giving my name.
What should I do about this.
Complain, fight it (judge is bound to believe Garda).
I have lost much respect for the Garda as a result, but I realise my experience doesn't reflect the complete force..
Question is what do I do about the summons??
