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Drink Driving and urine samples

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13

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    #62
    ThreeLineWhip
    Closed Accounts Posts: 473 ✭✭ThreeLineWhip


    Just wait for the results and see where you stand.


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    #63
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    colbully wrote: »
    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
    :(


    The offence is having a certain reading above a set minimum. The reading will be an accurate reflection of the alcohol level in your urine at the time it was taken.

    Different people will have different readings even if they drank exactly the same amount and the tests took place at the same time. While both results may be different they are both accurate in that they record the level of alcohol at that time.

    Tell your solicitor about not being allowed to use the toilet.


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    #64
    colbully
    Closed Accounts Posts: 53 ✭✭colbully


    I will indeed WIll ..thanks for your help..who knows.this could work out ok.. Im foolish for what ive done an i will take ny punishment head in..im not a big drinker at all an what i did was totally out of character for me ,. Even though i havent been convicted of anything yet.ive more than learned my lesson


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    #65
    Dublinstiofán
    Registered Users Posts: 2,190 ✭✭✭Dublinstiofán


    colbully wrote: »
    I will indeed WIll ..thanks for your help..who knows.this could work out ok.. Im foolish for what ive done an i will take ny punishment head in..im not a big drinker at all an what i did was totally out of character for me ,. Even though i havent been convicted of anything yet.ive more than learned my lesson

    Firstly OP id like to sayi feel incredibly sorry for you. While i dont condone
    drink driving we've all been there wanting to get away from an argument
    in a hurry. Its a disgrace for any girlfriend in a mood with you or not to
    have reported you and used the gards for her own insideous reasons.
    Or to not have tried to stop you from driving home haven taken a drink.
    Any girlfriend with even an ounce of respect or feeling for you wouldnt
    have let you cross the door and at the very least you have exposed
    her for the vindictive b1tch she is, if nothing else.

    By the sounds of it, it seems that the guards were trying to give you
    the greatest chance possible by allowing you maximum time to reduce
    your initial reading.

    I personally would suggest that this would be the doing of your gf's
    ex. After finding no drugs id say he remembered what a bitch she was
    and decided to cut you a break. Or alternatively didnt want to stand up
    in front of a judge and look like a gob****e prosecuting his ex's new fella
    over a fight they had.

    Id suggest go back to living you life worry free as its too late to change
    it now. Id be shocked if this ended in prosecution.

    Oh and if you ever find yourself in this position again turn on the heaters
    inthe car, lock the doors and grab an hour or two's kip to save yourself
    the hassle in future.


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    #66
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 51,687 Mod ✭✭✭✭Stheno


    Dublinstiofán wrote: »

    Oh and if you ever find yourself in this position again turn on the heaters
    inthe car, lock the doors and grab an hour or two's kip to save yourself
    the hassle in future.

    Could still be pulled in that instance is the keys were in the car! And they'd have to be in the ignition to have the heaters on.


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    #67
    Dublinstiofán
    Registered Users Posts: 2,190 ✭✭✭Dublinstiofán


    Stheno wrote: »
    Could still be pulled in that instance is the keys were in the car! And they'd have to be in the ignition to have the heaters on.

    Knew somebody would say that.

    To avoid the miniscule chance of this happening turn the engine on but
    under no circumstances sit in the front seat (you have to be in the drivers
    seat to technically be incharge of the vehicle, keys in the ignition or not)

    Let the car heat up and remove keys.

    Get in the back seat or passenger seat, lock the doors and have a sleep.


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    #68
    colbully
    Closed Accounts Posts: 53 ✭✭colbully


    Dublinstiofán wrote: »
    Firstly OP id like to sayi feel incredibly sorry for you. While i dont condone
    drink driving we've all been there wanting to get away from an argument
    in a hurry. Its a disgrace for any girlfriend in a mood with you or not to
    have reported you and used the gards for her own insideous reasons.
    Or to not have tried to stop you from driving home haven taken a drink.
    Any girlfriend with even an ounce of respect or feeling for you wouldnt
    have let you cross the door and at the very least you have exposed
    her for the vindictive b1tch she is, if nothing else.

    By the sounds of it, it seems that the guards were trying to give you
    the greatest chance possible by allowing you maximum time to reduce
    your initial reading.

    I personally would suggest that this would be the doing of your gf's
    ex. After finding no drugs id say he remembered what a bitch she was
    and decided to cut you a break. Or alternatively didnt want to stand up


    in front of a judge and look like a gob****e prosecuting his ex's new fella
    over a fight they had.

    Id suggest go back to living you life worry free as its too late to change
    it now. Id be shocked if this ended in prosecution.

    Oh and if you ever find yourself in this position again turn on the heaters
    inthe car, lock the doors and grab an hour or two's kip to save yourself
    the hassle in future.

    Thanks for your sympathy mate and your words of advise... I never thought anybody could be that vindictive..an i think your right about the gards delaying things a wee bit..to be honest the gards that dealt with me that night were very sound an i knew they felt sorry.for me..ive had a run of bad luck the last while an this just capped it all off for me...i know i will deal with this to the best of my ability.. Ps my ex gf knows i need my license, she knows i love my cars an she knows i love to drive, an although i should not have beeen behind the wheel that night, i dont think she should hav done what shr did.but like u said, whats done cant be changed


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    #69
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,206 Mod ✭✭✭✭godtabh


    Dublinstiofán wrote: »
    Knew somebody would say that.

    To avoid the miniscule chance of this happening turn the engine on but
    under no circumstances sit in the front seat (you have to be in the drivers
    seat to technically be incharge of the vehicle, keys in the ignition or not)

    Let the car heat up and remove keys.

    Get in the back seat or passenger seat, lock the doors and have a sleep.

    I had to this before. Was advised to disconnect the batter so the car couldnt move. If you are in the car with keys you are in control of it.


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    #70
    Maysa07
    Registered Users Posts: 1,280 ✭✭✭Maysa07


    Dublinstiofán wrote: »
    Knew somebody would say that.

    To avoid the miniscule chance of this happening turn the engine on but
    under no circumstances sit in the front seat (you have to be in the drivers
    seat to technically be incharge of the vehicle, keys in the ignition or not)

    Let the car heat up and remove keys.

    Get in the back seat or passenger seat, lock the doors and have a sleep.

    Happened to me 2 years ago. I had a lot to drink and went to my car to sleep it off about 2am.Two guards knocked on the window around 7 and arrested me. The engine was running and the heater was on full blast with driver seat back. Cut a long story short it went to court and i got off because i was able to prove i had no intention of driving the car when i woke up and a good barrister at legal cost of 2 grand.

    What i learned was once your in a vehicle with the car keys on you or in the car you're still responsible for the vehicle.


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    #71
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Maysa07 wrote: »
    Happened to me 2 years ago. I had a lot to drink and went to my car to sleep it off about 2am.Two guards knocked on the window around 7 and arrested me. The engine was running and the heater was on full blast with driver seat back. Cut a long story short it went to court and i got off because i was able to prove i had no intention of driving the car when i woke up and a good barrister at legal cost of 2 grand.

    What i learned was once your in a vehicle with the car keys on you or in the car you're still responsible for the vehicle.


    Yup 100% correct, your Barrister was right to keep the issue about intention. Well worth the fees.


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    #72
    Dublinstiofán
    Registered Users Posts: 2,190 ✭✭✭Dublinstiofán


    Fair enough, if that's the law but I still maintain you would want to be very unlucky for the gards to find you asleep in your car and prosecute you.

    Also no matter what I was simply making the point that it would have been a better option to sit in the car and not to have moved it than the OP chose, to drive home!


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    #73
    ThreeLineWhip
    Closed Accounts Posts: 473 ✭✭ThreeLineWhip


    Fair enough, if that's the law but I still maintain you would want to be very unlucky for the gards to find you asleep in your car and prosecute you.
    It is a routine prosecution as far as they are concerned. I have heard of it happening many times and they always get convicted also.


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    #74
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Dublinstiofán wrote: »
    Fair enough, if that's the law but I still maintain you would want to be very unlucky for the gards to find you asleep in your car and prosecute you.

    Also no matter what I was simply making the point that it would have been a better option to sit in the car and not to have moved it than the OP chose, to drive home!

    I have see such many such prosecutions in the DC and on Appeal it in fact is very very common.


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    #75
    A Primal Nut
    Registered Users Posts: 5,949 ✭✭✭A Primal Nut


    godtabh wrote: »
    I had to this before. Was advised to disconnect the batter so the car couldnt move. If you are in the car with keys you are in control of it.

    That seems crazy. So if I'm in a bar and not feeling well, and my friend offers me his car ( because I don't have one)to go lie down in with the heating on, the gardai can breathalyse me? That's really crazy. As a previous poster said, the issue of intent easily comes into play.


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    #76
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    A Primal Nut wrote: »
    That seems crazy. So if I'm in a bar and not feeling well, and my friend offers me his car ( because I don't have one)to go lie down in with the heating on, the gardai can breathalyse me? That's really crazy. As a previous poster said, the issue of intent easily comes into play.

    In that situation you may be in charge of the vehicle, but as you have no intention to drive either then or while you remain in charge then no offence.

    The section

    5.— (1) A person commits an offence if, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), he or she is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle.


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    #77
    Zambia
    Closed Accounts Posts: 7,333 ✭✭✭Zambia


    A Primal Nut wrote: »

    That seems crazy. So if I'm in a bar and not feeling well, and my friend offers me his car ( because I don't have one)to go lie down in with the heating on, the gardai can breathalyse me? That's really crazy. As a previous poster said, the issue of intent easily comes into play.
    Regardless of its legal status don't do this, the car could easily catch fire no lawyer can fix that.


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    #78
    faceman
    Moderators, Category Moderators, Arts Moderators, Entertainment Moderators, Social & Fun Moderators Posts: 16,587 CMod ✭✭✭✭faceman


    Zambia wrote: »
    Regardless of its legal status don't do this, the car could easily catch fire no lawyer can fix that.

    At least he'll definitely stay warm tho :pac:


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    #79
    dewsbury
    Registered Users Posts: 441 ✭✭dewsbury


    Some years ago a friend of mine failed the breath test.
    He was taken to the Garda station where he gave a urine sample.
    That sample was put in 2 small bottles.
    My friend was given one sample for independent analysis (if he wanted to do this).
    However, the guards got distracted by other activities in the station.
    So, my friend took advantage of putting both samples in his pocket and walking out the door of the station.

    He was delighted as he got off with the drunken driving.
    ...Unfortunately, some time later he got done for taking the piss.


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    #80
    colbully
    Closed Accounts Posts: 53 ✭✭colbully


    Well..got my urine sample results back this morn...110mg of urine per 100..!! Im a full license driver the last 8 years an have no previous drink drivibg convictions..what does this result mean for me


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    #81
    ct5amr2ig1nfhp
    Closed Accounts Posts: 5,019 ✭✭✭ct5amr2ig1nfhp


    As per seamus post (post #2). More details on the RSA website - Drink Driving Limits and Changes

    Realistically, you were 60% over the limit - 3 hours after you'd had your last drink. So when you were driving you must have been fairly "tipsy".

    If you were as co-operative as you say, you'll probably end up with a fine and points however you do fall into the 6 month ban category.

    Edit: Urine Limit (mg/100ml)108 to 135 [Fixed Charge Penalty] - 6 month disqualification and €400 fine


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    #82
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    Sorry to hear that.

    That result puts you (just barely) in the 3rd band, requiring a court appearance. It's a minimum one-year ban on a first offence with a maximum penalty of €5,000 and/or six months in prison.

    You will not go to prison and you will not be fined €5,000. But I would recommend getting yourself a solicitor, who can guide you on the best way to play this.


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    #83
    colbully
    Closed Accounts Posts: 53 ✭✭colbully


    Does 110mg not mean 6 months of a ban an 400euro fine??


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    #84
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    Holy ****, my apologies!

    I was looking at the wrong figures. You're right.


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    #85
    colbully
    Closed Accounts Posts: 53 ✭✭colbully


    Jesus i had a heart attack there seamus !!!!!!!


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    #86
    colbully
    Closed Accounts Posts: 53 ✭✭colbully


    Im just wondering is it possible to get a ban deffered? I could do with still being on the road until april or may at the latest due to family an work commitments...id take my ban then if i could


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    #87
    Newaglish
    Registered Users Posts: 2,734 ✭✭✭Newaglish


    colbully wrote: »
    Im just wondering is it possible to get a ban deffered? I could do with still being on the road until april or may at the latest due to family an work commitments...id take my ban then if i could

    I certainly know of cases where it has been allowed before


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    #88
    ThreeLineWhip
    Closed Accounts Posts: 473 ✭✭ThreeLineWhip


    You may want to fight on the basis of the samples being taken too late.


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    #89
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    Newaglish wrote: »
    I certainly know of cases where it has been allowed before
    For a FPN? I've heard of it in court alright.
    ThreeLineWhip wrote: »
    You may want to fight on the basis of the samples being taken too late.
    This is where engaging a solicitor would be the best course of action to determine whether this defence would actually work. If the times on the document(s) are within the 3-hour window then there's not much point in fighting it.


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    #90
    SiegfriedsMum
    Banned (with Prison Access) Posts: 97 ✭✭SiegfriedsMum


    colbully wrote: »
    MagicSean 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 !!!!!

    I hope the gardaí will prosecute her for wasting their time. I am surprised as usually the Gardaí are quite astute as spotting this sort of malicious accusation.


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    #91
    ThreeLineWhip
    Closed Accounts Posts: 473 ✭✭ThreeLineWhip


    He would have to reject the FPN and go to court. At court he could plead guilty and ask for the disqualification to be delayed. With the FPN the period is automatically awarded with it's own start date.


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