Drunk Driving (process and technicalities)

Re: Drunk Driving

I thought the breathalizer took two samples but used the lower one minus 20% margin for error. So in effect you blew a result 42 but it's lowered to 35.5. I think the judge will give you a year and a fine commensurate with your means. He may give a two year and 1 day ban which allows you to apply for your license back after 1 year.
 
Re: Drunk Driving

new laws came in not so long ago , ill look them up , as far as i know its now 2/3 of the ban off the road and min is 2 or three years ban. ill look them up tho.
 
Re: Drunk Driving

How are people with EU driving licences handled when it comes to drink driving? I believe they still don't have a system to apply points for speeding and other more minor traffic offences to foreign licences so it made me wonder. Its a very serious offence so they must have some cross-border mechanism to remove the motorists licence, surely?
 
Re: Drunk Driving

your right, there is no system of points on an non irish licence, they only receive a fine.
if put off the road for drunk driving tho there are banned, the license may not be endorsed but they are disqualified from drining in ireland.
if you are disqualified up north it does not effect you here yet.
 
Re: Drunk Driving


This may be going off-topic so I hope I don't get castigated for asking this, but how do they stop you from driving in Ireland if they can't take your foreign licence off you? Is it just a matter of a record on a central computer that stops you getting any insurance or do the courts hope you will abide by their ruling? I'm just curious as it appears that foreign licences are currently in a legal black hole - you can drive in Ireland with one and they can't be taken off you by the Irish authorities.
 
Re: Drunk Driving

no they cant be taken off as there not an irish document, they can fool the insurance companies, but when they live local guards know them and check the computer and see they are previously off the road for drunk driving, all though they produce insurance its null and void due to being off the road so hence prosecuted for no insurance too
 
Re: Drunk Driving

The wrong address is a technicality and it can be struck off for this.
 
Re: Drunk Driving

I think you will find that for such a serious matter as Drunk Driving, the technicality route so longer has a role to play.
 
Re: Drunk Driving

sparkeee said:
The wrong address is a technicality and it can be struck off for this.
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Agree with Mercman, not usual anymore, as per my earlier post.........


Sparkrite said:
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.
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Re: Drunk Driving

it is a legal requirement for all the details given under oath by the officer to be absolutely correct,if not it can be struck out.
 
Re: Drunk Driving

sparkeee said:
it is a legal requirement for all the details given under oath by the officer to be absolutely correct,if not it can be struck out.
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Your absolutly right Sparkee in so far as your above statment goes.
However in the real world such trivial matters as wrong addresses or suchlike no longer hold any substance in a district court.

There are loads of "technicalities " that can be put forward but nowadays they have to be valid and I mean VERY valid (in so far as to be prejudicial) before a judge will allow them to be taken into consideration.

And a wrong address where the alledged offence took place is NOT one of them.
 
Re: Drunk Driving

i recently had a traffic offence struck out in court after the gard gave the wrong street address under oath.
 
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