# Drink driving query



## yaba (13 Dec 2006)

hi all,
my girlfriend is due to have a prelim hearing tomorrow for a drink driving charge that happened 3.5 years ago. According to her and vouched by her friend, she only had a glass and a half of wine between the hours of 6pm & 11.30pm one night, which included toasted sandwiches & tea at a friends house. she was stopped on the way home after running an amber light & arrested on the suspicion of drink driving. on being brought to the station, she was tested twice which were both negative. she was then tested 2 or 3 more times, and one of the readings was positive. she says it was a reading of 35 but this means nothing to me, so no idea how much over the limit this is. my question is why she would have been tested 4 or 5 times after the 1st 2 readings were negative, and how reliable 1 positive result would be if she had to appeal any decision? surely 3 or 4 negative results would be used instead of 1 positive result? any help greatly appreciated as i am under the impression that it takes 2 hours for i unit of alcohol to leave your system and feel that the gardai were going to keep testing her until they got a positive result somehow? thanks, yaba.


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## Meathman99 (13 Dec 2006)

Her solicitor is probably the best person to ask about this.


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## yaba (13 Dec 2006)

her solicitor is saying he's up the walls and can only look at the case today for a few mins as he's her new solicitor. only thing is the prelim is tomorrow morning so any advice appreciated.
main question i suppose is does anyone know how many breathalyser tests are usually taken and if the 1st 2 are negative, should more be taken?


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## Satanta (13 Dec 2006)

yaba said:


> her solicitor is saying he's up the walls and can only look at the case today for a few mins as he's her new solicitor.


Sounds like she might consider seeking a new new solicitor. A reply like that wouldn't inspire confidence in me!


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## Seagull (13 Dec 2006)

If she was convinced she was under the limit, she should have requested a blood sample be taken.


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## rmelly (13 Dec 2006)

she may have been to drunk to think straight...


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## JohnnyBoy (13 Dec 2006)

a couple of points
metabolism of OH is very variable
correct me if I'm wrong,a blood sample is req'd to secure a conviction
why the time(3.5 yrs)?


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## rmelly (13 Dec 2006)

surely the longer they waited the less chance of getting a positive?


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## yaba (13 Dec 2006)

not sure why 3.5 years but it seems that she only got the summons a few months ago. i think after 4 years its immediately quashed but dunno.


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## shipibo (13 Dec 2006)

If Garda feels the test results are inaccurate, he can take as many tests as he needs to get an accurate sample.

If she felt equipment was faulty, she can request it tested and verified, at her expense , I think ....

If she requested a blood sample, and they could not facilitate her, the case would have been quashed.

Think her card is marked, she accepted the findings on night, and cold shoulder from solicitor ......

Give us an update on case, how it went.


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## shootingstar (15 Dec 2006)

ya, i`d be interested to hear how it goes too.... 

If what your saying is accurate and she can prove all those tests were taken (and showed different results), i`d be VERY surprised if shes convicted   


good luck with it....


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## SOM42 (15 Dec 2006)

I would also be surprised if she was convicted at this stage.  A 3 and a half year delay would be very unusual in this type of case.  She should look into whether it is statute barred.  i.e proceedings must have commenced (usually summons application) within 6 months of the occurence .


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## yaba (18 Dec 2006)

thanks for all the advice folks...case adjourned till january...will keep you all posted...


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