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Drink Driving and urine samples

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24

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    #32
    colbully
    Closed Accounts Posts: 53 ✭✭colbully


    I was as cooperative an polite as I could have been . All the Garda that dealt with me were actually very sound an none of them looked Down on me or made mw feel like crap ,, which I first thought they may have done . But iv nothing against gards or the law .. I wanted to be a gard myself on more than one occasion lol


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    #33
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    Handcuffs and the cell will only happen if the Garda feels they're necessary. If you're co-operating, there's no need to cuff you.


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    #34
    colbully
    Closed Accounts Posts: 53 ✭✭colbully


    ResearchWill wrote: »

    It's rare to be in a cell, usually it's in the main office waiting area for drink driving. I don't ever recall a drink driving case that the accused was handcuffed. In your OP you state you left the house at 12:30 and you state you arrived at the station at 12:30 do you remember the exact times.

    Sorry will I only looked back at that there an seen my mistake . The Gards pulled me at 12.30 , I would have left the house maybe 10 min before that . An I would have arrived at the Garda station around 12.45


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    #35
    ThreeLineWhip
    Closed Accounts Posts: 473 ✭✭ThreeLineWhip


    What time were the samples taken?


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    #36
    colbully
    Closed Accounts Posts: 53 ✭✭colbully


    3.20-3.30am mate


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    #37
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    colbully wrote: »
    3.20-3.30am mate

    The exact time is very very very very important, as is the time you were stopped. Very important, anything that can prove the time of the stop and the time of the sample are vital.


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    #38
    colbully
    Closed Accounts Posts: 53 ✭✭colbully


    ResearchWill wrote: »

    The exact time is very very very very important, as is the time you were stopped. Very important, anything that can prove the time of the stop and the time of the sample are vital.
    I distinctly remember the Gards discussing the time I was stopped as being 12.30am.. An I also looked at the clock just when the doctor arrived , it was nearly 3.20am and the test tool around ten minutes to do an the doctor an the gard noted what time the test had been done


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    #39
    Pkiernan
    Registered Users Posts: 4,315 ✭✭✭Pkiernan


    If you want to get off your drunk driving escapade, you should engage a specialist solicitor.

    It would do you no harm to attend an AA meeting either. While you may not be an alcoholic, your use of alcohol has certainly caused you a significant problem.


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    #40
    Lon.C
    Registered Users Posts: 131 ✭✭Lon.C


    Sorry to hijack the thread.
    How long is the normal time period to get urine results back.
    It's been a year this week since I gave a sample, and have received no contact at all.
    Is there a statute of limitations on this. I'm moving to Canada in the coming months and
    wondering what's my situation?

    Any help appreciated


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    #41
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Lon.C wrote: »
    Sorry to hijack the thread.
    How long is the normal time period to get urine results back.
    It's been a year this week since I gave a sample, and have received no contact at all.
    Is there a statute of limitations on this. I'm moving to Canada in the coming months and
    wondering what's my situation?

    Any help appreciated

    It's usually a matter of weeks to get the sample back. In any event a summons must be requested within 6 months of the event. It not unusual to serve the summons a number of months later. If you did not get the results then possible AGS did not get them either, if no result no prosecution.


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    #42
    colbully
    Closed Accounts Posts: 53 ✭✭colbully


    I've already a good solicitor contacted an discussed the matter with him. He's been very helpful an has told me he has no problem representing me on the day in court if it comes to that. Ive two pages wrote out in my discription of everything that happened that night from getting pulled to leaving the station. Just to keep all fresh in my mind an also for my solicitors benefit .. I could probably cope with losing my license for 6 months.., if that happened. I'd hav to give up my job an make a few adjustments to my life but I'd just hav to get on with it .... Hopefully the results come back soon an will be ok an I can put this nightmare behind me. Trust me, I've learned from this mistake


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    #43
    colbully
    Closed Accounts Posts: 53 ✭✭colbully


    MagicSean wrote: »
    You'll get a copy of the reading by registered post. Shouldn't take too long. The minimum disqualification periods are mandatory on conviction.

    Interesting that two Garda cars appeared out of nowhere. Would your girlfriend be a vindictive person by any chance?

    Just from experience. If you had 3 standard glasses you will likely be under. If you had 5 then you may indeed be over. You're quite lucky it took the doctor so long to get to the station.[/QUOTE

    turns out this was the case.my girlfriend (ex now) admitted to me that she rang one of her ex boyfriends in the garda station an informed him that a car matching the description of my Car was on its way through the town with drink and drugs on board !!!!! No wonder the gards surrounded my car the way they did , .. Anyways i know this is no excuse for my drink driving , but once again i have reached a stage in my life where i cant trust women ..im not branding all women the same but ive picked some lunatics in my time... Oh an ps .her reason for calling the gards on me an filling them full of lies?!?!?!?--- because i refused to purchase more wine for her that night as i only wanted a few glasses an go to bed early.so i was thrown out for that .then arrested. An now im awaiting urine test results to possibly lose my license !!! :( fml


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    #44
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    I'd be considering reporting her for making a false statement and consulting a solicitor in regards to defamation proceedings. The Gardaí aren't there to settle lovers tiffs


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    #45
    colbully
    Closed Accounts Posts: 53 ✭✭colbully


    MagicSean wrote: »
    I'd be considering reporting her for making a false statement and consulting a solicitor in regards to defamation proceedings. The Gardaí aren't there to settle lovers tiffs

    I know what u mean magicsean...i still was caught driving with alcohol in my system...the urine samples will determine how much..i was shocked when she told me what she had done.an trust me ., now i know she did it out of badness rather than my safety


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    #46
    supra300
    Registered Users Posts: 10 ✭supra300


    when this guy was fiddling with the breath machine in the station had they anyone else observing ya ?


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    #47
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    supra300 wrote: »
    when this guy was fiddling with the breath machine in the station had they anyone else observing ya ?

    As they did not use the machine there is no need for an observation period.


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    #48
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    MagicSean wrote: »
    I'd be considering reporting her for making a false statement and consulting a solicitor in regards to defamation proceedings. The Gardaí aren't there to settle lovers tiffs

    The fact that the matter ended in an arrest for drink driving after a failed road side test, not really sure she wasted Garda time (not saying it was an ok thing for her to do). In relation to defamation proceedings if the OP is prosecuted for DD then there would be in my personal opinion a very slim chance of the defamation case going anywhere. The defence of qualified privilege would be open to the defendant but of course malice would be an issue.


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    #49
    colbully
    Closed Accounts Posts: 53 ✭✭colbully


    No.me an the gard who was trying to set.up.the machine, were alone in the room with the machine for 10minutes..then the arresting guard came into the room...the machine was faulty so no sample was given..apart from my urine samp around an hour and a half after this..all in all i was stopped at 12.35am and provided my urine at around 3.30am


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    #50
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    Yellowblackbird wrote: »
    Of course his girlfriend called the guards. You'd be blind colbully if you can't read that one.

    Oh dear. I thought the same, but didn't want to say so. Looks as though you were right.
    colbully wrote: »
    turns out this was the case.my girlfriend (ex now) admitted to me that she rang one of her ex boyfriends in the garda station an informed him that a car matching the description of my Car was on its way through the town with drink and drugs on board !!!!! No wonder the gards surrounded my car the way they did , .. Anyways i know this is no excuse for my drink driving , but once again i have reached a stage in my life where i cant trust women ..im not branding all women the same but ive picked some lunatics in my time... Oh an ps .her reason for calling the gards on me an filling them full of lies?!?!?!?--- because i refused to purchase more wine for her that night as i only wanted a few glasses an go to bed early.so i was thrown out for that .then arrested. An now im awaiting urine test results to possibly lose my license !!! :( fml


    I'd get on to the solicitor again and see what he says about this. What a bitach!!

    Did she apologise?


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    #51
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    ResearchWill wrote: »

    The fact that the matter ended in an arrest for drink driving after a failed road side test, not really sure she wasted Garda time (not saying it was an ok thing for her to do). In relation to defamation proceedings if the OP is prosecuted for DD then there would be in my personal opinion a very slim chance of the defamation case going anywhere. The defence of qualified privilege would be open to the defendant but of course malice would be an issue.

    Yes but I understood she also reported him as being in possession of a load of drugs. It brings me back to a thread I started a while back. Can qualified privilege be a defence to a purely vexatious complaint?


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    #52
    colbully
    Closed Accounts Posts: 53 ✭✭colbully


    No apoligy from her..well a half hearted one anyways but i knew it meant f all.


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    #53
    ROSSKI
    Registered Users Posts: 295 ✭✭ROSSKI


    colbully wrote: »
    No apoligy from her..well a half hearted one anyways but i knew it meant f all.


    What a biaatch - Time to bury her under an apple tree me thinks !

    Best of luck anyway


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    #54
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    MagicSean wrote: »
    Yes but I understood she also reported him as being in possession of a load of drugs. It brings me back to a thread I started a while back. Can qualified privilege be a defence to a purely vexatious complaint?

    No, it can not be used if the complaint is totally vexatious, the problem in this case is the OP may have been breaking the law, defamation is about lowering a persons rep in the minds of right thinking people, so can a convicted criminal be defamed by someone saying they committed a crime they did not commit but they had in fact committed another crime.

    I would doubt a judge of the circuit court would really find defamation a jury in the high court may but that's a very very risky case to take.


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    #55
    colbully
    Closed Accounts Posts: 53 ✭✭colbully


    Im going to discuss everything with my solictor as soon as the results come back..theres alot of under lying sceanarios in this whole episode that i dont really want to get into but it turns out my x gf was in close contact with a member of the garda on a few occasions on different sibjects not relating to what happened me.before she came clean to me about all this she claimed that she had a phone call from a "gard" the night i was arrested to inform her of what had just happened ... AND YOU THINK YOU KNOW SOMEONE !!! Lol


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    #56
    garancafan
    Registered Users Posts: 1,034 ✭✭✭garancafan


    colbully wrote: »
    all in all i was stopped at 12.35am and provided my urine at around 3.30am

    It seems to me that the gardaí were killing time in order to maximise your chances of passing the test.


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    #57
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    colbully wrote: »
    Im going to discuss everything with my solictor as soon as the results come back..theres alot of under lying sceanarios in this whole episode that i dont really want to get into but it turns out my x gf was in close contact with a member of the garda on a few occasions on different sibjects not relating to what happened me.before she came clean to me about all this she claimed that she had a phone call from a "gard" the night i was arrested to inform her of what had just happened ... AND YOU THINK YOU KNOW SOMEONE !!! Lol

    Don't discuss it on here any more then. In view of what's happened, you don't know WHO knows WHAT and what they might be checking up on.

    Put everything you know in the hands of your brief. Let them tell you the nest steps.

    Good luck!!


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    #58
    colbully
    Closed Accounts Posts: 53 ✭✭colbully


    I acutally got that feeling aswell to be honest .but with urine samples i dont think time delay is an advantage..i could be wrong though? I reckon by 3.30 if i had used the inoculyser in the station i would hav blew under the limit or at least on the limit as i was 100% by then!


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    #59
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    colbully wrote: »
    I acutally got that feeling aswell to be honest .but with urine samples i dont think time delay is an advantage..i could be wrong though? I reckon by 3.30 if i had used the inoculyser in the station i would hav blew under the limit or at least on the limit as i was 100% by then!

    Time has two advantages in these case the first is that on average the body processes 1 unit of alcohol per hour so in 3 hours that 3 units less in the system the second advantage is the test must be done within 3 hours of the driving, not the arrest but the time the person was observed driving. If the test is not done within 3 hours it is invalid and the case must be thrown out.


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    #60
    colbully
    Closed Accounts Posts: 53 ✭✭colbully


    Ive read.that urine samps can sometimes give false high readings an false low readings.i asked could i use the toilet after i was told the inoculyser machine was faulty and the gard told me i wasnt allowed!! as a doctor was being called..the doc arrived.1hr and 30min later..so what may come back in the readings might not be an accurate reading of my alcohol levels... Ps i think im spending too much time online reading into.this as my brain feels fried
    :(


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    #61
    colbully
    Closed Accounts Posts: 53 ✭✭colbully


    Ive read.that urine samps can sometimes give false high readings an false low readings.i asked could i use the toilet after i was told the inoculyser machine was faulty and the gard told me i wasnt allowed!! as a doctor was being called..the doc arrived.1hr and 30min later..so what may come back in the readings might not be an accurate reading of my alcohol levels... Ps i think im spending too much time online reading into.this as my brain feels fried
    :(


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