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Drink Driving

2

Comments

  • #32
    EireinOZ
    Registered Users Posts: 83 ✭✭EireinOZ


    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!


  • #33
    jayreddin
    Registered Users Posts: 45 ✭jayreddin


    I sent Photo copies of my Full Drivers Licence and Visa, Flights etc. I was insured and this is my first offence.

    And I wasn't driving all over the road. The Garda car was behind me for 5 minutes roughly then pulled into a housing estate but came out the other side and back behind me and after 5 minutes I was stopped and breathalyzed by chance as the Garda straight away asked for my licence and insurance cert and then said he could smell drink but my friend drank alot more than me. It was me and a friend of mine in the car.

    I live in Clondalkin and get stopped alot in the area. Don't want to start something here but in my opinion I was stopped because it was 2 young males driving a car at approx 1am. Its happened far to many times been stopped for no apparent reason other then presentation.

    Moral of the story is tho the legal limit is what I was on. Am I right to appeal?

    Apparently from my Mam she said that the Judge on that day was very harsh with everyone he dealt with for other offences too.


  • #34
    jayreddin
    Registered Users Posts: 45 ✭jayreddin


    seamus wrote: »
    I suspect you're mixing up your measures.

    If your blood alcohol was 50mg, then the disqualification is 6 months.

    However if your breath registered at 50mcg per 100ml, then that's a 2 year ban for a first offence.

    They are minimum periods, which the judge can increase, but if the judge was looking to punish you, he would have levied a much bigger fine than €500. Looks to me like you got the minimum ban for a 50mcg breath test, and a relatively light fine.


    It was a blood test that was taken not a breath sample


  • #35
    jayreddin
    Registered Users Posts: 45 ✭jayreddin


    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!

    I already have a Victorian licence. No it was a once off stupid thing I done. It's the fact I feel I'm in the right and shouldn't have been convicted this harshly


  • #36
    EireinOZ
    Registered Users Posts: 83 ✭✭EireinOZ


    you got off lightly , i know people who be ban for 2 years and got 2000 euro fine !! a policeman is always gona be a policeman ! Think of it this way , the driving ban aint gona effect u in oz and u can carry on as normal. U can appeal it , but is it real worth it ? Plus somebody back home has the hassle of running around after it back home.
    The police are worst in oz , i got a $260 fine for having a air fresher hanging from my mirror , a $350 fine for not stoping at a stop sigh for 10 sec and $180 a speeding fine for driving 41 mph in a 40 zone .
    Had a mate cot drinking driving here, car taken off him , cost $1200 to get the car back , $3600 fine for drinking driving and ban for driving for 18 months .


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  • #37
    Patrickheg
    Closed Accounts Posts: 225 ✭✭Patrickheg


    Bepolite wrote: »

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

    Eyes roll


  • #38
    Mellor
    Registered Users Posts: 39,001 ✭✭✭✭Mellor


    Fred Swanson wrote: »
    This post has been deleted.

    That depends on which state you are in.
    Some you can apply straight away, others you need to be there 6 months continuously.


  • #39
    Patrickheg
    Closed Accounts Posts: 225 ✭✭Patrickheg


    EireinOZ wrote: »
    Had a mate cot drinking driving here, car taken off him , cost $1200 to get the car back , $3600 fine for drinking driving and ban for driving for 18 months .

    Ireland needs fines like this for the serious repeat offenders


  • #40
    Zambia
    Closed Accounts Posts: 7,333 ✭✭✭Zambia


    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!
    What evidence have you the courts are harder on the irish here? The courts are hard on Drink Driving here full stop due to minimum sentences.

    The magistrates are bound to impose certain sentences like alcolock periods and disqualification periods.


  • #41
    Zambia
    Closed Accounts Posts: 7,333 ✭✭✭Zambia


    EireinOZ wrote: »
    you got off lightly , i know people who be ban for 2 years and got 2000 euro fine !! a pig is always gona be a pig ! Think of it this way , the driving ban aint gona effect u in oz and u can carry on as normal. U can appeal it , but is it real worth it ? Plus somebody back home has the hassle of running around after it back home.
    The pigs are worst in oz , i got a $260 fine for having a air fresher hanging from my mirror , a $350 fine for not stoping at a stop sigh for 10 sec and $180 a speeding fine for driving 41 mph in a 40 zone .
    Had a mate cot drinking driving here, car taken off him , cost $1200 to get the car back , $3600 fine for drinking driving and ban for driving for 18 months .

    Must have met the Highway Patrol.

    You were fined for item obstructing your forward vision? Sounds like you decided to be smart to the Constable and he decided to hit you with the lot.

    I cant see why with all the pig comments you seem charming?


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  • #42
    Corkbah
    Registered Users Posts: 1,668 ✭✭✭Corkbah


    Patrickheg wrote: »
    Ireland needs fines like this for the serious repeat offenders

    Ireland needs fines like those to stop the repeat offenders … so they should be the mandatory minimum to deter people repeating …those who repeat should get harsher sentences/fines.


  • #43
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    jayreddin wrote: »
    I sent Photo copies of my Full Drivers Licence and Visa, Flights etc. I was insured and this is my first offence.

    And I wasn't driving all over the road. The Garda car was behind me for 5 minutes roughly then pulled into a housing estate but came out the other side and back behind me and after 5 minutes I was stopped and breathalyzed by chance as the Garda straight away asked for my licence and insurance cert and then said he could smell drink but my friend drank alot more than me. It was me and a friend of mine in the car.

    I live in Clondalkin and get stopped alot in the area. Don't want to start something here but in my opinion I was stopped because it was 2 young males driving a car at approx 1am. Its happened far to many times been stopped for no apparent reason other then presentation.

    Moral of the story is tho the legal limit is what I was on. Am I right to appeal?

    Apparently from my Mam she said that the Judge on that day was very harsh with everyone he dealt with for other offences too.

    They will not accept a photocopy of a licence, you did not provide the correct evidence. Get a solicitor and appeal the matter. Did you contact a solicitor this morning as you maybe out of time.


  • #44
    Rubberchikken
    Registered Users Posts: 5,083 ✭✭✭Rubberchikken


    To me it's irrelevan what age, sex or creed you are. It doesn't matter where you live or what type of car you drive or that two young males were driving around at 1 in the morning.

    What is relevant to me is you drank alchol and drove.

    That, to me, is totally unacceptable. Take your punishment and get on with it and hopefully, learn from it.

    I would seriously hope you never consider drink driving in Australia, as I would guess they are a lot more harsh on the topic there.


  • #45
    EireinOZ
    Registered Users Posts: 83 ✭✭EireinOZ


    Zambia wrote: »
    Must have met the Highway Patrol.

    You were fined for item obstructing your forward vision? Sounds like you decided to be smart to the Constable and he decided to hit you with the lot.

    I cant see why with all the pig comments you seem charming?

    You dont even know me and your judging me . I seem charming ?? You seem like a person that judges a book by they cover and looking for an agreement!!
    Just fyi , i wasnt smart to the police man , i took my fine, said sorry and drove on and pay it the next day and also police have the nick name of pig all over the world !!


  • #46
    Zambia
    Closed Accounts Posts: 7,333 ✭✭✭Zambia


    EireinOZ wrote: »
    You dont even know me and your judging me . I seem charming ?? You seem like a person that judges a book by they cover and looking for an agreement!!
    Just fyi , i wasnt smart to the police man , i took my fine, said sorry and drove on and pay it the next day and also police have the nick name of pig all over the world !!

    All people are judged by what they say/write.

    I am not looking for an argument at all. Its a logical inference if you refer to coppers as pigs and a cop gives you a ticket reserved for people who decide to be smart to them.


  • #47
    jayreddin
    Registered Users Posts: 45 ✭jayreddin


    Rubberchikken wrote: »
    To me it's irrelevan what age, sex or creed you are. It doesn't matter where you live or what type of car you drive or that two young males were driving around at 1 in the morning.

    What is relevant to me is you drank alchol and drove.

    That, to me, is totally unacceptable. Take your punishment and get on with it and hopefully, learn from it.

    I would seriously hope you never consider drink driving in Australia, as I would guess they are a lot more harsh on the topic there.

    I wasn't over the limit tho. I was borderline on the limit. And it was my first and last time. It's not like I do it every weekend. A once off!!

    And you obviously don't live where I do the Garda are know locally for this type of behavior. I get stopped at least once a week in my local area and never a problem so why would they keep stopping me for other than what they see??

    I had one bottle its not like I was absolutely pissed.

    everyone has there opinion but I'm sorry I don't agree with yours. I am not a bad person far from. So I made a mistake and have learned. I am human after all. Frankly I'm looking for legal advice and yours is anything but. I'd appreciate if you kept it to yourself. Thanks


  • #48
    jayreddin
    Registered Users Posts: 45 ✭jayreddin


    infosys wrote: »
    They will not accept a photocopy of a licence, you did not provide the correct evidence. Get a solicitor and appeal the matter. Did you contact a solicitor this morning as you maybe out of time.

    The Garda who prosecuted me said that they'd accept a copy of my licence in the letter. I have contacted one who is looking into the matter etc. I'm just looking for other peoples opinions too. One's that are relevant to what I'm asking. Thank you.


  • #49
    EireinOZ
    Registered Users Posts: 83 ✭✭EireinOZ


    Zambia wrote: »
    All people are judged by what they say/write.

    I am not looking for an argument at all. Its a logical inference if you refer to coppers as pigs and a cop gives you a ticket reserved for people who decide to be smart to them.

    O my god !! Stop been a TROLL!!! The police man give me a ticket because i had a air fresher hanging from my mirrior not for been smart to him ! He was actually just doing his job , their nothing more to it !!!!

    My own brother is a police man in the uk and he doesnt care if you refer police to as pigs as its slang term , or a bit banter! Even in the Simpsons police are refer to as pigs !! My advice to you is grow a sense of humor and move on !!!!


  • #50
    seb65
    Registered Users Posts: 402 ✭✭seb65


    FreudianSlippers wrote: »
    Agreed, however wexie has a good point. Regardless of whether the insurance is on the vehicle, if you do not hold a valid licence to drive, the insurance doesn't have to pay out (frequent occurrence in the US). If the OP is driving on the basis of having a physical Irish licence in Australia, however in reality he does not have a valid licence - it's a risky game.

    If the OP ditches the Irish licence and gets a new Australian one, there is nothing stopping him from doing that and nothing compelling him to tell them about his past errors.

    Wrong. If the OP has past traffic violations he must disclose it to the insurance company per the utmost good faith rule. They can void ab initio the insurance contact if he lies.


  • #51
    Zambia
    Closed Accounts Posts: 7,333 ✭✭✭Zambia


    EireinOZ wrote: »
    O my god !! Stop been a TROLL!!! The police man give me a ticket because i had a air fresher hanging from my mirrior not for been smart to him ! He was actually just doing his job , their nothing more to it !!!!

    My own brother is a police man in the uk and he doesnt care if you refer police to as pigs as its slang term , or a bit banter! Even in the Simpsons police are refer to as pigs !! My advice to you is grow a sense of humor and move on !!!!

    If a Victorian Police officer gave you a ticket for an air freshener you pissed him off its that simple.


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  • #52
    EireinOZ
    Registered Users Posts: 83 ✭✭EireinOZ


    Zambia wrote: »
    If a Victorian Police officer gave you a ticket for an air freshener you pissed him off its that simple.

    It wasnt a victorian police man , it was a wa police man , standing in 45 degree heat in xmas week last year , i would be piss off , if i was them too !!! Even when he give me the ticket he said sorry , he didn't want to give me the ticket but rules are rules !!!


  • #53
    oceanman
    Registered Users Posts: 1,742 ✭✭✭oceanman


    dobman88 wrote: »
    That's irrelevant. Drink driving is drink driving. One is too many. Just don't do it.
    that's not strictly true I think you will find...


  • #54
    Mellor
    Registered Users Posts: 39,001 ✭✭✭✭Mellor


    seb65 wrote: »
    Wrong. If the OP has past traffic violations he must disclose it to the insurance company per the utmost good faith rule. They can void ab initio the insurance contact if he lies.
    Afraid you are wrong here.
    Compulsory insurance is very different in Oz. It's the car that is insured not the driver. Plus traffic violations don't affect CTP. So he doesn't need to disclose it.


  • #55
    seb65
    Registered Users Posts: 402 ✭✭seb65


    Mellor wrote: »
    Afraid you are wrong here.
    Compulsory insurance is very different in Oz. It's the car that is insured not the driver. Plus traffic violations don't affect CTP. So he doesn't need to disclose it.

    It is the same in Ontario. On the form it will ask for prior offenses. Even if the insurance has to pay out, they can still turn around and sue him.

    You're just assuming someone would only purchase CTP. Fair enough. However, that still won't cover you for TP property damage or injuries of the driver at fault, or your own property. Having to compensate for a written-off vehicle could still financially ruin someone.


  • #56
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #57
    Corkbah
    Registered Users Posts: 1,668 ✭✭✭Corkbah


    Fred Swanson wrote: »
    This post has been deleted.

    I have never heard of the MIBI suing anyone …the MIBI are usually added to court cases when the plaintiff doesn't know the defendant and is involved in a car accident, and for most cases involving car accidents where the third party is not insured.


  • #58
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #59
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,707 Admin ✭✭✭✭✭hullaballoo


    Fred Swanson wrote: »
    This post has been deleted.
    I think it's the nominated insurer who sues by way of a subrogated claim. The MIBI is really just there as a mechanism.


  • #60
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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  • #61
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,707 Admin ✭✭✭✭✭hullaballoo


    They might previously had to have been named in the proceedings for locus reasons? I haven't come across it and HCS isn't showing anything after 2005.


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