Drunk Driving (process and technicalities)

L

Linda'O

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I was stopped for regular check an a Garda breathilised me, i'm now being done for drunk driving! I know it sounds bad, I was stoped 6pm the next day and I was 35.5ml, so I was .5 over!! The address where the offence took place is wrong on the summons, up until what time can a Garada change the address?? I've already been to court twice
 
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Did you do a full breath analysis at the station?
 
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Yea did the one in the station came back 35.5, im wonderin can i get it struck out on the location r can the garda change it
 
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yea was a good night alright, wedding
 
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its really hard luck , ur just on the limit, i think the day of looking for a flaw with address being wrong is gone, so iwas told in my case anyhow,

i would get a solicitor to plead your case, time of day, wedding , etc and the fact that you were just borderline, the sooner you face the music the better ,
 
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Trying to find a link to it but a person was convicted of drink-driving in Carlow with a reading of 36. I recall a fine, I can't remember if there was a ban, can't find an online link to it though. I think though it is time to face up to it.
 
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That is VERY hard luck Linda'O.

And before the "moral police" (who frequent this forum in abundance) berate me for the above statement, I KNOW she was over the limit and I do NOT in any way condone or excuse DD, but nevertheless "let he who is without sin......" and all that.

In the UK generally nobody is charged with a reading coming in under 40mg and I am very surprised that the Guard and especially the DPP (who has the authority NOT to) decided to proceed with the charge and subsequent summons. Did you by any chance give the guard lip/grief?

I assume you are instructing a solicitor. I would suspect the address ,where the alledged offence took place, being wrong,may be amended by the judge or deemed to be non-prejudicial. Either way of no use to you.

If you are convicted,the judge's hands are tied, in that he/she has to give a fine and a ban. For that level of alcohol it is a ONE year ban (assuming this is your first DD offence).

One other thing, what was the reading for the second breath sample on the intoxilyzer?

Good luck, make sure you have a GOOD solicitor.
 
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Once it goes to a breathalyzer machine, they have to proceed with it. They wont strike it out for the wrong address. And unless you get found not guilty on a technicality, you will be banned.
 
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Why should posters be labelled the moral police for pointing out that it's wrong to be over the limit here? Any time someone asks for info on how to avoid paying a tax here they're told it's a no go. Why should this be allowed?

The OP was caught at 6pm. Did they really not drive their car before 6pm? If they did and they were caught earlier they'd be even more over. Only saying 'IF'. I'd like to see more people get caught for being over the limit the next day, people don't take it seriously enough.
 
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pebbledash said:
Why should posters be labelled the moral police for pointing out that it's wrong to be over the limit here?
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Pebbledash, can you honestly not see why ??

The OP was not asking the rights and wrongs of her actions, and I can only assume that she knows, only too well, that NOBODY should drive over the limit. Indeed if you read my first post you will see that I neither condone or excuse such behaviour either. However I do NOT sit in judgement of her and tell her "You're a bold girl, you did a bad thing, tut tut,......." etc.


Any time someone asks for info on how to avoid paying a tax here they're told it's a no go. Why should this be allowed?
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I'll tell you why it should be allowed.

To seek and receive advice on how to avoid paying tax is perfectly legitimate and indeed is big business in this country.

To seek and receive advice on how to avoid a DD conviction is also perfectly legitimate and is also big business in this country.


I'd like to see more people get caught for being over the limit the next day
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Would you REALLY, well I'd like to see LESS people get caught for being over the limit, NOT because they avoided detection but rather that they showed the due respect that the DD laws deserve and drank less the night before !!
 
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By no means am I saying I was right, I disagree with dds, however when i drove I did not believe I was over the limit, THANK GOD I didn't hurt somebody, however as a natural reaction I would like to defend myself in the hopes that I may keep my job as without transport it would not be possible, thank you everyone for the advice
 
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Folks

Please don't respond to grossly offensive posts such as the ones from nseventeen.

This only creates additional work for the moderators.

Ignore the posts or report the posts and they will be deal with.

I have deleted all nseventeen's posts and the posts quoting them.

Thanks

Brendan
 
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Back on topic.

Op , I really think you need a solicitor to advise on such a serious matter. If you are convicted the ban is automatic , the judge has no leeway.

Have you checked if the machine used in the station has a margin of error ?
 
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jhegarty said:
Back on topic.

Op , I really think you need a solicitor to advise on such a serious matter. If you are convicted the ban is automatic , the judge has no leeway.

Have you checked if the machine used in the station has a margin of error ?
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Absolutly Jhegarty, it is imperative that Linda'o instructs a solicitor to represent her in court, as per my earlier post.

Dependeing on the model of intoxilyzer used they automatically downgrade the level of alcohol detected by between 17 - 20%.

Of the two breath samples taken the one with the lower reading is submitted as evidence.

That is why I was interested to know what the other sample registered, but purely out of interest.
 
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there is no way out , the machines are regulary tested and is gives a humidity test . if the hunidity is above or below a certain level it cant function.
sexondly its only my opinion now so dont slate me, the linit it 35 for breath 107 for urine and 1oo for blood these are the limits, if peolpe are let off for just being over the linits will get higher,
a guard rank once arrested someone can not use discression due to the breathalizer registering the result, same for blood and urine the results are sent for analysis.
 
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