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Drink Driving

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    #62
    wallycharlo
    Closed Accounts Posts: 344 ✭✭wallycharlo


    Bepolite wrote: »
    Don't drink and drive - not even one pint, it's not worth it.

    Is this forum about Legal discussion or pontificating?


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    #63
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,710 Admin ✭✭✭✭✭hullaballoo


    wallycharlo wrote: »
    Is this forum about Legal discussion or pontificating?
    What is it about that quote that is not legal discussion, in your view?


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    #64
    wallycharlo
    Closed Accounts Posts: 344 ✭✭wallycharlo


    hullaballoo wrote: »
    What is it about that quote that is not legal discussion, in your view?

    The OP is looking for specific legal advice as per the original post.

    What in that quote is anyway directed towards helping the OP in this regard, in your view?


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    #65
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    wallycharlo wrote: »
    The OP is looking for specific legal advice as per the original post.

    I'm sure the irony of the contributing nothing to the conversation and making your initial post is not lost on you, very droll. The OP can not seek legal advice here as per charter. My suggestion would be you read it as there is another part of it that seems to have particular relevance to you.
    wallycharlo wrote: »
    What in that quote is anyway directed towards helping the OP in this regard, in your view?

    Drink driving laws being what they are, and liability for accidents being what it is, taking a drink before getting behind the wheel is ill advised. In the context of this forum that's sound advice from a legal perceptive as well and many others.


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    #66
    wallycharlo
    Closed Accounts Posts: 344 ✭✭wallycharlo


    Bepolite wrote: »
    ...The OP can not seek legal advice here as per charter...

    Point taken & thanks for drawing my attention to that. I guess what threw me was the opening sentence of the OP's original post ...

    > I'm looking for some advice ...

    ... so the let me rephrase my own previous post in accordance to read:

    > The OP is looking for specific legal advice as per the original post.


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    #67
    endacl
    Registered Users Posts: 22,232 ✭✭✭✭endacl


    EireinOZ wrote: »
    How long are you in OZ for ? If ur in oz for the next 2 years , i would pay the fine and forget about it(its not worth the agreement )! but i would change over my license to the oz one and carry on driving in oz ! But if your cot drinking and driving here , the courts here are alot harder on people ( especially the Irish ). So i hope u have learnt ur lesson , drinking and driving , its not worth it!

    Drink driving. Nearly as bad as txt spk...

    ;)


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    #68
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    wallycharlo wrote: »
    Point taken & thanks for drawing my attention to that. I guess what threw me was the opening sentence of the OP's original post ...

    > I'm looking for some advice ...

    ... so the let me rephrase my own previous post in accordance to read:

    > The OP is looking for specific legal advice as per the original post.

    So how much derogation can there be from a question in your view? The OP asked for advice concerning drink driving. I offered sound advice that he should speak to a legal professional. I then continued to offer advice based on the fact that drink driving is being cracked down on, both here and in countries with a more liberal attitude to drink driving, again within the scope of the question and the forum. If a poster asks about the law on occupiers liability to trespassers, do you think it an affront to offer advice in the same breath as to their liability towards invitees?

    I'm sure, again, the irony that your post has dragged this completely off topic where that had not happened before is all part of your elaborate sense of humour. Might I make the suggestion that you let the moderators moderate the forum and you stick to contributing to the discussion at hand? I'm curious as to why you're even here if you've nothing on topic to add. Surely if you wanted an argument simply making a post about Guns in after Hours would have attracted MadSL attention so that you might have a playmate.


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    #69
    FreudianSlippers
    Registered Users Posts: 20,397 ✭✭✭✭FreudianSlippers


    This is why we can't have nice things lads... back on topic or it gets locked.


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    #70
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    FreudianSlippers wrote: »
    This is why we can't have nice things lads... back on topic or it gets locked.

    We took it to PM, apologies.


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    #71
    walshie14
    Registered Users Posts: 3 ✭walshie14


    Got put off the road for drink driving on Oct 1st 2014. Got a €250 fine and two years driving ban.
    Have some questions that someone might help me with
    * My licence was due to be renewed on Feb 17th 2015. If I appeal (according to my solicitor, we will appeal at end of Oct this year so the courts have time to lift the ban on 1st Feb 2016. That will mean I will have served the 16months 2/3 of disqualification) can I re apply for licence before this time?
    Thanks in advance


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    #72
    slimjimmc
    Registered Users Posts: 7,787 ✭✭✭slimjimmc


    Doesn't look like it, the application form has this:
    https://www.ndls.ie/images/Documents/DrivingLicence/D401_Full_Licence_app_form.pdf
    44. I hereby declare that:
    Ireland is my normal place of residence. I am not currently disqualified from holding a learner permit or driving licence.
    The address given is my normal residence. The accompanying supporting documents relate to me. The information
    I have given in this application is correct.
    THIS DECLARATION MUST BE SIGNED BY THE PERSON TO WHOM THE LICENCE IS TO BE ISSUED


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    #73
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    walshie14 wrote: »
    Got put off the road for drink driving on Oct 1st 2014. Got a €250 fine and two years driving ban.
    Have some questions that someone might help me with
    * My licence was due to be renewed on Feb 17th 2015. If I appeal (according to my solicitor, we will appeal at end of Oct this year so the courts have time to lift the ban on 1st Feb 2016. That will mean I will have served the 16months 2/3 of disqualification) can I re apply for licence before this time?
    Thanks in advance

    If the ban is two years or less it cannot be shortened.


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    #74
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    walshie14 wrote: »
    Got put off the road for drink driving on Oct 1st 2014. Got a €250 fine and two years driving ban.
    Have some questions that someone might help me with
    * My licence was due to be renewed on Feb 17th 2015. If I appeal (according to my solicitor, we will appeal at end of Oct this year so the courts have time to lift the ban on 1st Feb 2016. That will mean I will have served the 16months 2/3 of disqualification) can I re apply for licence before this time?
    Thanks in advance

    Firstly it could not at this stage be an appeal it's a restoration application and secondly you can not restore any disqualification of less than 3 years as in all cases a minimum of 2 years ban must be served.


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    #75
    walshie14
    Registered Users Posts: 3 ✭walshie14


    Pro Hoc Vice wrote: »
    Firstly it could not at this stage be an appeal it's a restoration application and secondly you can not restore any disqualification of less than 3 years as in all cases a minimum of 2 years ban must be served.

    Sorry the disqualification was for 2 years and 1 day. Solicitor has advised that I can look for a restoration when 2/3 of time has elapsed (16months)


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    #76
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    walshie14 wrote: »
    Sorry the disqualification was for 2 years and 1 day. Solicitor has advised that I can look for a restoration when 2/3 of time has elapsed (16months)

    He is incorrect. The law since 2011 when commenced in June 2011.

    67.— (1) Section 29 (inserted by section 7 of the Act of 2006) of the Principal Act is amended by substituting for subsection (4) the following:

    “(4) Where a court considers it to be appropriate the court may—

    (a) confirm the period specified in the order of disqualification, or

    (b) order the removal of the disqualification from a specified date that is such that the disqualification will have effect for a least two-thirds of the period specified in the order of disqualification, or a period of 2 years, whichever is the greater.”.

    (2) Section 19 of the Act of 1968 is repealed.

    You will get 1 day off I have not seen a 2 years and a day in years.


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    #77
    walshie14
    Registered Users Posts: 3 ✭walshie14


    You seem to know a lot about this Pro Hoc Vice. My solicitor has told me I can re apply for my licence on Feb 1st 2016. That's 16 months. I'm basically asking is it accurate that people in the past have got their licence back after this time?


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    #78
    Jose1128
    Registered Users Posts: 12 ✭Jose1128


    Hi, looking for advice.

    I was banned 18 months ago in my absence.

    I was banned for not producing a license and insurance. At this time I was insured and also had license, tax and nct. I missed the court because I didn't recieve the summons.

    I also missed the appeal date because I wasn't even aware I was banned. I applied for an extension of appeal and had to have forms signed and brought back in 7 days I think. Anyway I didn't and couldn't appeal again.

    I was told I could appeal after serving 2/3 of sentence which is now. But I was also told that it would cost basically €1500 legal fees.

    Can I appeal on my own ? Without a solicitor? If so how do I do this ?


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    #79
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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    #80
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Jose1128 wrote: »
    Hi, looking for advice.

    I was banned 18 months ago in my absence.

    I was banned for not producing a license and insurance. At this time I was insured and also had license, tax and nct. I missed the court because I didn't recieve the summons.

    I also missed the appeal date because I wasn't even aware I was banned. I applied for an extension of appeal and had to have forms signed and brought back in 7 days I think. Anyway I didn't and couldn't appeal again.

    I was told I could appeal after serving 2/3 of sentence which is now. But I was also told that it would cost basically €1500 legal fees.

    Can I appeal on my own ? Without a solicitor? If so how do I do this ?

    You can appeal on your own. I'm a paralegal of sorts and wouldn't have a notion where to start. I could with quite an investment in time and pestering perhaps find out and I've easy access to barristers and solicitors.

    I'm afraid it's like any trade, sometimes it's not easy enough to DIY.


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    #81
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Jose1128 wrote: »
    Hi, looking for advice.

    I was banned 18 months ago in my absence.

    I was banned for not producing a license and insurance. At this time I was insured and also had license, tax and nct. I missed the court because I didn't recieve the summons.

    I also missed the appeal date because I wasn't even aware I was banned. I applied for an extension of appeal and had to have forms signed and brought back in 7 days I think. Anyway I didn't and couldn't appeal again.

    I was told I could appeal after serving 2/3 of sentence which is now. But I was also told that it would cost basically €1500 legal fees.

    Can I appeal on my own ? Without a solicitor? If so how do I do this ?
    You've done well enough on your own up to now. why break a winning combination?


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