Drink Driving Charge

[lipbalmpam]

Let me begin by saying that my partner was breathalized and found to be over the limit and is due in court later this month. I have given him the ear bashing of his life and am well aware of how foolish his actions were, he didn't consider the general public or his family - i am now faced with being the driver for everything, mums taxi for sports/matches/training etc.... Its actually for my benefit more than his that I am posting this....

His first court case was in Jan when his solicitor requested a copy of the file and the case was adjourned until Feb, when the case came up his solicitor had still not received the file and requested it from the Judge again, who wasn't overly happy with the Gardai and instructed they pass it on and adjourned it until March. Well we received it yesterday - the incident happened on 09.01.2012 and this date is on everything expect the arresting Garda's statement - the copy of his notes show the day as Monday, the date as 09.01.2011 - will this have any bearing on the case as the offence didn't happen on that date and there is no evidence from the arresting garda on dated 09.01.2012?

Any advise you could give would be really helpful.

 

[niceoneted]

It is the evidence in court on the day of the hearing that will mater.That matter could be corrected/clarified in the Guards direct evidence.

 

[lipbalmpam]

Thanks for your reply, was hoping it would result in the case being thrown out on a technicality. Its his foolish actions but i'm the one going to be inconvenienced and have to suffer his punishment - angry is an understatement!!!!

Thanks anyway.

 

[RonanC]

was hoping it would result in the case being thrown out on a technicality.

So you would rather someone who has been charged with drink driving, get off on a technicality because of an incorrect date?

No wonder this country is in the way it is.

 

[demoivre]

So you would rather someone who has been charged with drink driving, get off on a technicality because of an incorrect date?

No wonder this country is in the way it is.

Hardly the Op's fault if not having the correct date on the charge sheet is a valid defence!

 

[niceoneted]

"Hardly the Op's fault if not having the correct date on the charge sheet is a valid defence! "

It is nothing to do with an incorrect date on the charge sheet. The date is not mentioned in the Garda statement.

 

[MrMan]

So you would rather someone who has been charged with drink driving, get off on a technicality because of an incorrect date?

No wonder this country is in the way it is.

It's human nature, not an Irish trait. Punishment or a reprieve, which would you want?

 

[RonanC]

It's human nature, not an Irish trait. Punishment or a reprieve, which would you want?

Punishment of course. Have no time whatsoever for Drink Driving. A reprieve and they will be at it again next weekend. Take their licence off them for 3 years, they might learn something!

 

[T McGibney]

So you would rather someone who has been charged with drink driving, get off on a technicality because of an incorrect date?

No wonder this country is in the way it is.

No point in pretending to have a justice system if all defendants are automatically deemed guilty once charged.

 

[demoivre]

"Hardly the Op's fault if not having the correct date on the charge sheet is a valid defence! "

It is nothing to do with an incorrect date on the charge sheet. The date is not mentioned in the Garda statement.

Indeed but the point remains the same. Hardly the Op's fault if the omission of the date in the Garda statement is a valid defence.

 

[lipbalmpam]

Actually its hardly the OPs fault at all - i'm actually going to be punished for the actions of my partner.... If HE hadn't been so selfish in driving in the first place then I wouldn't be facing two years of having to all the driving in our family (two kids with sports obsessions - its going to be fun (or not fun in fact))...

I was being purely selfish in hoping to have the case thrown out of court on a technicality. And for the record I abhor drink driving and its something I've never, ever dreamt of doing - the fact that he did it bugs the **** out of me, was totally reckelss not to mind selfish - really I could go on and on....

 

[glynner]

I know how you feel, happened in our family many years ago and its not fair that you have to carry the burden, but believe me he will learn his lesson but it not only affects the family as regards only having one driver to do all the running around but you are loaded with the insurance for a few years after so it not only hits the heart but the pocket too.