# Drink Driving Conviction and Appeal. Solicitors giving differing advice.



## LinuxKing (22 Nov 2009)

Hi guys, 

Got done drink driving last year, I was in the second category and got two years off the road with 450 euro fine. 

Before I went to court I got advice from two solicitors.  

Solicitor A told me that: 
a) A particular judge, lets say judge X (who's a terror), would not be on the particular day that I was in court which would make him more inclined to challenge, but that he would still not challenge the charge on the basis of the evidence. Turns out Solicitor A was representing someone else in the court that Judge X *did* preside over my case.
b) The best I could do was accept the charge and appeal after 2/3 of the sentence.

Solicitor B: 
a) said that Solicitor A was wrong about when I could appeal and told me that I would be able to appeal after *1/2* the sentence. 
b) gave my wrong profession in court. It wouldnt have made any difference but his lack of attention to detail was disturbing. 
c) Told me to contact him in December 2009 to prepare for the appeal. 

I mailed Solicitor B the other day and he now tells me not to contact him until next March to see about the appeal, i.e. what solicitor A originally told me and he flatly contradicted. 

Can somebody clarify for me when can I appeal, and should I change solicitors, as I have paid these guys a lot of money for a lot of bad information?

Thanks to anyone who reads this.


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## Papercut (22 Nov 2009)

*Re: Drink Driving Charge.*

At least half of the period of disqualification must have elapsed before you can apply for the restoration of your licence. 

The court may only reduce the overall period of the disqualification to a minimum of two-thirds of the period specified in the original disqualification order. 

  No matter when you actually lodge the appeal there is no way that you will be back on the road until at least 16 months (two thirds of two years) after your original disqualification. I presume that Solicitor B is advising you on the basis that it will be of no advantage to you appealing until your disqualification is nearer the end 16 month period.

So, in realistic terms neither of them gave you incorrect information – but possibly could have been more specific at the time.


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## lawdable (23 Nov 2009)

*Re: Drink Driving Charge.*

1. One can only apply to shorten a disqualification if that disqualification is for more than 2  years. You cannot apply to shorten a 2 year disqualification, which is why a solicitor or barrister will always ask the court to set a disqualification of 2 years and a day.

2. If your ban is for 2 years and a day you can apply in the 13th month to have it shortened, but the ban will only end at the end of your 16th month off the road, but you have to give notice of the application, so don't leave it too late. No point paying €250+VAT to a solicitor unless you get the full 8 months off.


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## LinuxKing (24 Nov 2009)

*Re: Drink Driving Charge.*

thanks to you both for your advice.


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## LinuxKing (22 Jan 2010)

*Re: Drink Driving Charge.*

Hey guys, 

Have to set things in motion on the appeal, but before I do:



> but you have to give notice of the application, so don't leave it too late. No point paying €250+VAT to a solicitor unless you get the full 8 months off.



Is €250 the approx. amount I should expect to pay (in total) for the appeal process.

Also, I'm not hugely impressed with my current solicitor. He has no real  attention to detail and doesn't really seem to care a whole lot. Is it much of a big deal to switch solicitors before I appeal, or are there any reasons why i should not do this?


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## TheBlock (25 Jan 2010)

You don't need a solicitor for an appeal. The Judge will ask the gardai if they have any objection to restoration and then ask you why you want your license back and if you have learned your lesson. First Step is talk to the gardai in the station that you where charged from to see if they would object to you getting an early restoration.

From Citizens advice....

If you have been disqualified from driving and wish to apply to the courts for an early restoration of your licence you may do so in person or through your solicitor following payment of the appropriate fee.  You may apply for the early restoration of your driving licence only when half of your disqualification period is complete. You cannot, however, appeal convictions involving 3- and 6- month mandatory disqualifications from driving.  
The District Court and Circuit Court clerk will inform you about the date and venue of your appeal.

Apply at your local district court.


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## tombo1 (3 Jul 2010)

hi there new to this anyway , I have been convicted for drink driving and was banned for 2 years and a day, how soon can I appeal? My solicitor advises I must serve two thirds of the sentence I have been informed its 3 quarters of the sentence can you advise please that 2 months of a difference thanks.


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## lawrose (13 Jul 2010)

Hi tombo1

I think you can lodge the application to restore your licence after two thirds of the disqualification has passed but the court can only restore it after three-quarters of the time has passed.


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## ajarms86 (25 Jan 2012)

*Apeeals*

Hey Guys,

You appear to know what you’re talking about when it comes to banned drivers,
I have one full license for driving a car and then a completely separate provisional license for driving a motorbike,
If someone has been banned from driving a car for drink driving does this also apply to any separate license they may hold for bikes, tractors or forklifts ect?

Incidentally can one still learn how to fly a plane and get pilots license for example?

Thanks


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## ajarms86 (25 Jan 2012)

Also I asked a guard this question and he shrugged his shoulders and said I dont know"


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## dave28 (25 Jan 2012)

It is an offence not to surrender your licence(s). It is an offence TO DRIVE A VEHICLE while banned from doing so.


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## Time (26 Jan 2012)

You don't need a driving licence to get a pilots licence.


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## ajarms86 (26 Jun 2012)

Hi just in relation to making the appeal, where does one appeal, is at the District Court where they recieved jugdment and how do they contact the court clerk?

Thanks


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## SPUDZ (26 Jun 2012)

Very much off topic here....but could someone please please explain to me the grounds....any grounds for appeal in such a situation??...I just cannot understand any of this.

If you are convicted of an offence (any offecne...driving or otherwise)...found guilty and receive a sentence/charge whatever you want to call it.....why the heck should it even be considered for a shorter term???....They gave a 2 year ban for a reason...why would any judge go back on his word and consider a reduced term.....I just fail to understand this concept...can someone enlighten me why on earth this is even an option??


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## browtal (26 Dec 2012)

My friend was found over the limit while driving 10 days after the sudden death of her husband last June. Now Dec. she has not received any notice of action being taken.

She had not slept since his death and was driving to a friend - would this have been taken into account - she did not plead for lenience.
Is it likely she may not be charged at this stage, she was over the limit in a test taken in the garda station. Browtal?


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## Time (26 Dec 2012)

The Gardaí have 6 months to make a complaint to the district court which then issues a summons to appear. This could be considerably later than 6 months. So long as the complaint is in within 6 months the court can take as long as it wishes. 

So your friend is not out of the woods yet.


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