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Dates wrong on statements..

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  • 07-03-2010 4:05pm
    #1
    PyroniC
    Closed Accounts Posts: 37 ✭


    Got caught for drink driving whilst parked up in my car, received statements from gardai and 2 dates and time are completely wrong, wrong year on one and wrong time and date on the other. 2 of which are correct on the dates in the statement. Will this stand to me at my hearing as an advantage in helping me?

    Thanks you


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    #2
    JeanClaude
    Registered Users Posts: 518 ✭✭✭JeanClaude


    PyroniC wrote: »
    Got caught for drink driving whilst parked up in my car, received statements from gardai and 2 dates and time are completely wrong, wrong year on one and wrong time and date on the other. 2 of which are correct on the dates in the statement. Will this stand to me at my hearing as an advantage in helping me?

    Thanks you

    Was you drink driving, or just parked up?:confused:


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    #3
    PyroniC
    Closed Accounts Posts: 37 ✭PyroniC


    It was the following morning, blew 54, i wasnt seen driving the vehicle. They said on the statement they seen me drive in but im getting video footage from the garage at which i was caught to prove they didnt see me drive in there, that i was parked in there for a good while eating.


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    #4
    PCPhoto
    Registered Users Posts: 6,584 ✭✭✭PCPhoto


    PyroniC wrote: »
    Got caught for drink driving whilst parked up in my car, received statements from gardai and 2 dates and time are completely wrong, wrong year on one and wrong time and date on the other. 2 of which are correct on the dates in the statement. Will this stand to me at my hearing as an advantage in helping me?

    Thanks you

    my own opinion would be its very unlikely that this will matter - unless the documents state the offence happened on different occasions to the actual offence.

    when you say you were "parked up" do you mean that you were drunk and in control of a vehicle ? (actually dont answer that - its probably best that you dont discuss the event)

    As regards any advice on what to do ...I would suggest you discuss it with a solicitor - they will have experienced similar cases and will know various case law and your chances or being convicted and if so what you might face.

    I would suggest that if convicted ....appeal.


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    #5
    PyroniC
    Closed Accounts Posts: 37 ✭PyroniC


    Have a meeting with my solicitor tomorrow, thanks for the advice. One date says 10th of january 2009 it happened, thats the first wrong one as it happened on the 10/01/10 and the other says 02.25am 14/09/09 at which i blew 54, which is wrong as it should be about 8 in the morning not 2 and the date it really happened was 10/01/10


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    #6
    PCPhoto
    Registered Users Posts: 6,584 ✭✭✭PCPhoto


    PyroniC wrote: »
    It was the following morning, blew 54, i wasnt seen driving the vehicle. They said on the statement they seen me drive in but im getting video footage from the garage at which i was caught to prove they didnt see me drive in there, that i was parked in there for a good while eating.

    I'm not trying to poke holes but how did you get to the garage ? I assume you drove there - they might claim they observed you driving further down the road and you parked up in the garage (petrol station)

    ... to me ...it does look like you might need to investigate every possibility to find a loophole or accept that they caught you drink driving the morning after a night of drinking.


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    #7
    Locust
    Registered Users Posts: 319 ✭✭Locust


    OP - Its what the Gardai say in the box on the day - that's their direct evidence... Statements are statements but direct evidence is what the judge will hear (they can clarify mistakes on the day). Oh and remember they could have seen you driving earlier or been parked off side or could have a compliant from witnesses who you don't know about yet. Anyhoo, speak to a solicitor


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    #8
    Maximilian
    Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    Speak to your solicitor. Don't look for legal advice here.


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