Helpdesk

THIS WEEK: What powers do Gardaí have at checkpoints?

FROM S O'S: Having recently had a rather difficult interaction with a garda motorcyclist who accused me of lane indiscipline, could you please outline what information a citizen is obliged to furnish, other than name, address and driving licence, when stopped by a garda for a traffic offence? Is a motorist obliged to step out of his car when instructed to do so, and what other instructions must a motorist follow when stopped? I found the garda's demand to step out of the car quite intimidating.

We turned to a solicitor who specialises in traffic offences for some advice on this matter. He said: "Gardaí can inquire into the activities of all motorists to establish whether there are any offences being committed under the Road Traffic Acts or other potential crimes.

"The Gardaí have powers to inquire of drivers personal details and request them to produce their driving licence and certificate of insurance. Under the Misuse of Drugs Acts there is even the power to search the car where the garda has a suspicion that drugs may be concealed.

"Under the Finance Acts the garda can in fact seize the car where the tax has lapsed. The powers therefore are wide ranging. Any directions given by a garda in exercising powers under these various Acts must be complied with by a motorist.

"If a garda directs a motorist to do something including standing out of a car and the motorist refuses then the garda is empowered under the Public Order Acts to arrest that person on the spot and take them into custody.

"All of these legislative provisions therefore mean that a garda has the full force of the law behind them in making the necessary inquiries to make sure that no criminal act is being committed. Having a row with the garda at the roadside could result in you being arrested and having your car impounded. It really is not worth it." Given the wide-ranging powers at the gardaís disposal your best approach is to remain cordial.

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