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'You don't know the law': judge dismisses case but tells driver he'd no right to request garda supervisor

Summary

Derek McGee, 41, of North Circular Road, Phibsborough, had his conviction for obstructing a garda dismissed on appeal. He was originally convicted in the District Court and fined €350 for an incident on July 16, 2021. A garda testified that McGee became aggressive, quoted legislation, and locked himself inside his vehicle after the officer removed the ignition key for safety. McGee contended he had no right to be stopped and was entitled to speak to a supervisor under the Constitution. Judge Ronan Munro, presiding over the appeal, stated that the facts were proven and that McGee had no entitlement to demand a supervisor, noting: "You don't know the law." The judge acknowledged the incident stemmed from a misunderstanding of the law. Although McGee has 14 previous convictions, Judge Munro decided not to impose a conviction. The case was dismissed under section 1(1)(ii) of the Probation of Offenders Act, 1907, with a bond imposed to keep the peace for three years.

Who, what, where, when and why

What: Report matter: 'You don't know the law': judge dismisses case but tells driver he'd no right to request garda supervisor. Charges or matters: obstructing a garda, has had his case dismissed under the Probation Act on appeal. Procedural stage: appeal. Findings: Convicted

When:

• July 16, 2021 Hearing Or Sentence
• 2026-05-21 Publication

Case subjects

Places mentioned

Topics

Stage Appeal

Read the original CNI report