Question about Gardai

theo1212

Hi

A couple of weeks ago I was in a taxi and we had a disagreement about charges. I demanded several times while very upset the taxi driver let me out, after about five minutes of driving, he refused to let me out so I hit him on the shoulder. I am a woman and obviously it was very scary for me to be in that situation with a man shouting at me. I have never been violent before with another person and don’t agree with violence but felt very vulnerable not being let out of the taxi.

He has gone to the guards and the gardai now want a statement from me. The gaurd in question says I’m not in any trouble and they just want a statement from me with my version of events. I’m just wondering if I admit to the assault will/can I be prosecuted as the gaurd himself on the phone said this was false imprisonment or am I being lulled into coming in?

Hitman3000

theo1212 wrote:

A couple of weeks ago I was in a taxi and we had a disagreement about charges. I demanded several times while very upset the taxi driver let me out, after about five minutes of driving, he refused to let me out so I hit him on the shoulder. I am a woman and obviously it was very scary for me to be in that situation with a man shouting at me. I have never been violent before with another person and don’t agree with violence but felt very vulnerable not being let out of the taxi.

I suggest you go and make an honest statement as the driver may have an incabin camera . It will do you no good to tell lies or omitt something.

alane20

Personally from what you have written you acted out of fear in a self defence mode, yes in theory you did in the legal definition assault the driver and it's clearly what the driver has claimed, as it stands the guard is duty bound to investigate the allegation but from the tone of the conversation he/She is not taking it too seriously but just wants to close the issue, I think it will be a he said she said case and go no further, worst case a garda advisory, I wouldn't worry about it, keep us informed ( were a nosey bunch )

theo1212

Hitman3000 wrote: »

I suggest you go and make an honest statement as the driver may have an incabin camera . It will do you no good to tell lies or omitt something.

Gaurd himself told me he had no camera in the car

Glass fused light

theo1212 wrote: »

He has gone to the guards and the gardai now want a statement from me.

The Gardai have an obligation to investigate.
If you believe that you may end up making a statement admitting to an offence which may end up in court, you should consult a solicitor before hand.


The taxi driver has made a complaint to the Garda.
He then made a statement which may or may not be an admission of false imprisonment.

Peregrinus

You can decline to be interviewed. You are not obliged to make a statement.

However that will not necessarily stop the investigation.

If you do decide to be interviewed, speak to a solicitor first. I cannot overemphasise this. Do not agree to be interviewed until you have taken legal advice.

odyssey06

It sounds like a complaint should be made about a person involved in this story and it's not you OP.

If you are going to the guards, you should consider whether you want to make a charge against the driver. Or perhaps report it to the taxi regulator.

dude_abided

Never trust Garda. Not out of paranoia, but because they have a completely different agenda (not always bad as they look after the law). What you think can be an innocent phrase can land you in the chit...

I would consult a solicitor. Best to close issue off properly.

These things really can come back to bite..

Hitman3000

theo1212 wrote:

Gaurd himself told me he had no camera in the car

So it's your word against his.

Peregrinus

Hitman3000 wrote: »

So it's your word against his.

Yes, but they are both going to say that she hit him.

Seriously, OP, it's lawyer time. He has gone to the guards, which means he has made a complaint against you. Based on what you say in the OP, that can only be a complaint that you hit him. (You don't, for instance, say that you went off without paying.) In fact, you did hit him, so your statement on this is going to be at least partly supportive of his.

So, yeah, from what you say you are in a potentially sticky situation here, and you should definitely be seeing a lawyer before you have any engagement with the guards. Discuss with the lawyer what your strategy should be; his advice may be that you should not give any statement to the guards.

There's a temptation, in a situation like this, to want to vindicate yourself; to show the worldthat you are absolutely in the right about this, and that the taxi driver is the bad guy, and to get the world to accept, agree and acknowledge this. You are outraged that he went to the guards over a situation that was entirely of his making, that he escalated, in which you felt abused and frightened. The desire for vindication is extremely strong and completely understandable, but at this point what you most want and need is not to be vindicated; it's to avoid being prosecuted, which regardless of the outcome is an absolutely horrible, horrible experience, that can only add to the trauma you already feel.

That's why, if you are the subject of a complaint to the guards, and the guards want to interview you, you should always, always, always talk to a lawyer first. Lawyer are not only for guilty people. Lawyers are for people who are caught up in a process that they only partly understand, and who want to make sure that it ends well for them.

Glass fused light

https://www.youtube.com/watch?v=-FENubmZGj8

Good working examples here

The guards priority will be to find out if there is any criminal charges to be brought. In this case there will be none. However, a statement that you assaulted him will be used as ammunition to bring a civil action against you, with zero Garda involvement bar a copy of your statement.

Lawyer time.

Dr Brown

theo1212 wrote: »

Hi

A couple of weeks ago I was in a taxi and we had a disagreement about charges. I demanded several times while very upset the taxi driver let me out, after about five minutes of driving, he refused to let me out so I hit him on the shoulder. I am a woman and obviously it was very scary for me to be in that situation with a man shouting at me. I have never been violent before with another person and don’t agree with violence but felt very vulnerable not being let out of the taxi.

He has gone to the guards and the gardai now want a statement from me. The gaurd in question says I’m not in any trouble and they just want a statement from me with my version of events. I’m just wondering if I admit to the assault will/can I be prosecuted as the gaurd himself on the phone said this was false imprisonment or am I being lulled into coming in?

Can I ask if the taxi driver was a non-national ?

0lddog

Dr Brown wrote: »

Can I ask if the taxi driver was a non-national ?

Prey tell how OP should know this.

Perhaps driver was a Doctor with Brown skin colouring ( and an Irish passport ) ?......or caucasian ( with a UK passport ) ?

Nokia6230i

Dr Brown wrote: »

Can I ask if the taxi driver was a non-national ?

1. It doesn't matter his nationality.

2. His nationality doesn't matter.

3. See 1 & 2 above.

Dr Brown

Nokia6230i wrote: »

1. It doesn't matter his nationality.

2. His nationality doesn't matter.

3. See 1 & 2 above.

It does matter because if the driver is non-national he could have a serious criminal record that the Irish authorities don't know about.

spindex

Dr Brown wrote: »

It does matter because if the driver is non-national he could have a serious criminal record that the Irish authorities don't know about.

Did you not read point 3 above ?

Ben D Bus

Dr Brown wrote: »

It does matter because if the driver is non-national he could have a serious criminal record that the Irish authorities don't know about.

Your post history on boards is telling. Don't think you care much about the OPs plight.

Victor

Get a solicitor now.

Dr Brown

Ben D Bus wrote: »

Your post history on boards is telling. Don't think you care much about the OPs plight.

What are you talking about ?

Samuel T. Cogley

Solicitor time. Don't speak to the guards without one.