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02-03-2012, 11:20   #16
Donny5
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1. the garda has to prove your intention to drive ... you dont have to prove your intention not to drive .. so keys in glove box you sleeping in the back you'l be fine.
Opti, the legislation actually says the exactly opposite, that it is presumed that the defendant had or intended to drive until the defendant can show otherwise. The Garda does not have to prove your intention to drive; you have to prove your intention not to.
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03-03-2012, 20:13   #17
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Opti, the legislation actually says the exactly opposite, that it is presumed that the defendant had or intended to drive until the defendant can show otherwise. The Garda does not have to prove your intention to drive; you have to prove your intention not to.
im a serving garda.. i have to prove your intention to drive ...innocent till proven guilty .. .. keys in the glove box you'l be fine ..

point (2) A person who, when in charge of a mechanically propelled vehicle which is in a public place with intent to drive or attempt to drive the vehicle, but not driving or attempting to drive the vehicle, is unfit to drive the vehicle shall be guilty of an offence.

Last edited by opti76; 03-03-2012 at 20:17.
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03-03-2012, 20:53   #18
Donny5
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Opti, the legislation actually says the exactly opposite, that it is presumed that the defendant had or intended to drive until the defendant can show otherwise. The Garda does not have to prove your intention to drive; you have to prove your intention not to.
im a serving garda.. i have to prove your intention to drive ...innocent till proven guilty .. .. keys in the glove box you'l be fine ..

point (2) A person who, when in charge of a mechanically propelled vehicle which is in a public place with intent to drive or attempt to drive the vehicle, but not driving or attempting to drive the vehicle, is unfit to drive the vehicle shall be guilty of an offence.
The "I'm a serving Garda" routine is a classic appeal to authority and bull****. We've all met Gardaí with just the most rudimentary grasp of the law, and on this issue, you are one of them.

If you quote the read the relevant act posted above, you can free yourself from your confusion.
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05-03-2012, 21:13   #19
opti76
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The "I'm a serving Garda" routine is a classic appeal to authority and bull****. We've all met Gardaí with just the most rudimentary grasp of the law, and on this issue, you are one of them.

If you quote the read the relevant act posted above, you can free yourself from your confusion.
im only trying to help .. as a garda i have to prove your intention to drive in regards to drunk in charge of a vehicle legislation .. you can believe me or you can chose not to. im not going to lose any sleep over it.
i understand the legislation im not sure you do to be honest but sure as i said i was only trying to help...
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05-03-2012, 21:16   #20
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2) A person who, when in charge of a mechanically propelled vehicle which is in a public place with intent to drive or attempt to drive the vehicle, but not driving or attempting to drive the vehicle, is unfit to drive the vehicle shall be guilty of an offence.

ok donny read it again ....

do you have the intent to drive with the keys in the glove box??? simple question?
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05-03-2012, 21:23   #21
Donny5
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Originally Posted by opti76 View Post
2) A person who, when in charge of a mechanically propelled vehicle which is in a public place with intent to drive or attempt to drive the vehicle, but not driving or attempting to drive the vehicle, is unfit to drive the vehicle shall be guilty of an offence.

ok donny read it again ....

do you have the intent to drive with the keys in the glove box??? simple question?
In the very same Section of the Road Traffic Act, it says:

Quote:
(4) In a prosecution for an offence under this section, it shall be presumed, until the defendant shows—


(a) that at the material time the circumstances were such that there was no likelihood of his driving the mechanically propelled vehicle so long as he remained unfit to drive, and


(b) that between his becoming unfit to drive and the material time he had not driven the mechanically propelled vehicle in a public place,


that he intended to drive or attempt to drive the mechanically propelled vehicle.
There you go. The defendant must show that he did not intend to drive, or it is presumed that he or she did.

For the sake of my faith in the Gardaí, I'm going to assume you're just pretending to be a member.
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05-03-2012, 21:28   #22
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again we'l return to the original question .. placing the keys in the glove box ...
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05-03-2012, 21:29   #23
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cmon donny you'l get there eventually .. if i place the keys on the glove box what do i do???
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05-03-2012, 21:31   #24
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Opti, the legislation actually says the exactly opposite, that it is presumed that the defendant had or intended to drive until the defendant can show otherwise. The Garda does not have to prove your intention to drive; you have to prove your intention not to.

so if i put they keys in the glove box ????
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05-03-2012, 21:40   #25
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1. the garda has to prove your intention to drive ... you dont have to prove your intention not to drive .. so keys in glove box you sleeping in the back you'l be fine.
Quote:
Originally Posted by opti76 View Post
im a serving garda.. i have to prove your intention to drive ...innocent till proven guilty .. .. keys in the glove box you'l be fine ..
Quote:
Originally Posted by opti76 View Post
as a garda i have to prove your intention to drive in regards to drunk in charge of a vehicle legislation
Sound familiar, opti? That's what you said and that's the exact opposite of the law. Maybe you wouldn't arrest someone who placed the keys in the glove box if you were a Garda, but that doesn't mean you can't be arrested for it. So please refrain from giving advice about a topic on which you are so clearly ignorant.
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05-03-2012, 22:04   #26
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Sound familiar, opti? That's what you said and that's the exact opposite of the law. Maybe you wouldn't arrest someone who placed the keys in the glove box if you were a Garda, but that doesn't mean you can't be arrested for it. So please refrain from giving advice about a topic on which you are so clearly ignorant.
so your saying im guilty till proven innocent .... bollox... i know for a fact there's case law on this but dont have access to it till i return to work ...

keys in the glove box.. away from they can be put in the igntion.. you sleeping in the back .. you wont be arrested for section 50 rta ..
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21-03-2012, 16:16   #27
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To get slightly back on topic after the drink issue, I reccomend having some sort of lining in the van. Plywood should do, sleeping on the bare mettle will suck the heat out of you.
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