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Drink Driving and urine samples

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    #92
    colbully
    Closed Accounts Posts: 53 ✭✭colbully


    I could do that but if that failed..it could go pear shaped for me ..i was pulled at 12.30am an according to the report the sample was taken at 3.17am....i was told i could take my sample of urine as a souvenier of the occasion...myself ,the doctor an the guard present at the time of giving the sample, we all had a laugh at this as i said i didnt want to remember this occasion..little did i know i could hav taken that sample an have it tested myself as i wasnt told that on tjhe night by the doc or gard


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    #93
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    SiegfriedsMum wrote: »
    colbully wrote: »

    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.

    You must have missed the fact that the OP was in fact over the limit, no matter her intention the OP was over the limit and driving.


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    #94
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    ThreeLineWhip wrote: »
    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.
    In court it's a minimum one-year ban though, and he risks a larger fine. Whereas with the FPN you're guaranteed a six-month ban and €400.


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    #95
    ThreeLineWhip
    Closed Accounts Posts: 473 ✭✭ThreeLineWhip


    seamus wrote: »
    In court it's a minimum one-year ban though, and he risks a larger fine. Whereas with the FPN you're guaranteed a six-month ban and €400.
    Indeed, but by accepting the FPN he is at the mercy of the RSA as to when the disqualification period starts.


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    #96
    ThreeLineWhip
    Closed Accounts Posts: 473 ✭✭ThreeLineWhip


    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 think you have 56 days to pay and then the disqualification starts on a date at least 28 days after that. So you could hang on to the notice until the 55th day and then pay it.


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    #97
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    colbully wrote: »
    Does 110mg not mean 6 months of a ban an 400euro fine??


    Ya its 6 months €400 if fixed notice issues, if not and the matter is in Court then its 1 year, so you can fight it on a few points and take risk of 1 year instead of 6 months. Get good advice from a good road traffic solicitor who knows the judges etc.

    The relevant sections

    http://www.irishstatutebook.ie/2010/en/act/pub/0025/sec0029.html#sec29

    http://www.irishstatutebook.ie/2010/en/act/pub/0025/sec0065.html#sec65


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    #98
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    ThreeLineWhip wrote: »
    Indeed, but by accepting the FPN he is at the mercy of the RSA as to when the disqualification period starts.


    If he fights it its a 1 year ban if found guilty.


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    #99
    ThreeLineWhip
    Closed Accounts Posts: 473 ✭✭ThreeLineWhip


    ResearchWill wrote: »
    If he fights it its a 1 year ban if found guilty.
    Would my suggestion to delay paying the FPN work as to delay the ban?


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    #100
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    ThreeLineWhip wrote: »
    Would my suggestion to delay paying the FPN work as to delay the ban?

    its risky, if they do not receive the payment etc. within the time allowed, then it goes to court. Its a simple choice take 6 months now (if I was doing that I would send off FPN ASAP rather than risk post problems or some other issue) or fight it and risk 1 year.


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    #101
    colbully
    Closed Accounts Posts: 53 ✭✭colbully


    Any ideas when the FPN would arrive ? Whos discretion is that at ? Rsa ? Gardai?


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    #102
    ThreeLineWhip
    Closed Accounts Posts: 473 ✭✭ThreeLineWhip


    You should have the FPN within 2 to 4 weeks at most.

    Then a 56 day clock starts in which you can decide to accept and pay or ignore and it goes to court.

    Once you pay you will get a letter from the RSA stating your ban period which is normally around 28 days after you pay the FPN.

    When you get the FPN weight up your options carefully. If you play your cards right as to when you pay the FPN you can easily stay on the road till May.


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    #103
    colbully
    Closed Accounts Posts: 53 ✭✭colbully


    So if i accept the fpn an decide to pay it on day 50 of the 56day limit ..i then get a further 28 days from the date i paid? So i can drive all this time ?


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    #104
    ThreeLineWhip
    Closed Accounts Posts: 473 ✭✭ThreeLineWhip


    colbully wrote: »
    So if i accept the fpn an decide to pay it on day 50 of the 56day limit ..i then get a further 28 days from the date i paid? So i can drive all this time ?
    Yes!


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    #105
    colbully
    Closed Accounts Posts: 53 ✭✭colbully


    Thank u threelinewhip


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    #106
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    colbully wrote: »
    I could do that but if that failed..it could go pear shaped for me ..i was pulled at 12.30am an according to the report the sample was taken at 3.17am....i was told i could take my sample of urine as a souvenier of the occasion...myself ,the doctor an the guard present at the time of giving the sample, we all had a laugh at this as i said i didnt want to remember this occasion..little did i know i could hav taken that sample an have it tested myself as i wasnt told that on tjhe night by the doc or gard

    What did you think it was being offered to you for?


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    #107
    colbully
    Closed Accounts Posts: 53 ✭✭colbully


    well as i wasnt told wha i was being offered it for,,i didnt have a clue...


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    #108
    ThreeLineWhip
    Closed Accounts Posts: 473 ✭✭ThreeLineWhip


    colbully wrote: »
    well as i wasnt told wha i was being offered it for,,i didnt have a clue...
    More ammo for the solicitor.


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    #109
    colbully
    Closed Accounts Posts: 53 ✭✭colbully


    im not defending myself here or anything,,as i know my wrong doing and my punishment is exactly what i needed to make sure mistakes like this wont ever happen again.. but has independant testing of a urine sample ever come back UNDER the limits ???


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    #110
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    colbully wrote: »
    im not defending myself here or anything,,as i know my wrong doing and my punishment is exactly what i needed to make sure mistakes like this wont ever happen again.. but has independant testing of a urine sample ever come back UNDER the limits ???

    Every one I have seen which is few, was over the reading given by the MB.


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    #111
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    ThreeLineWhip wrote: »
    More ammo for the solicitor.

    It'd be a fierce desperate solicitor who'd try that. The Garda is legally obliged to offer a sample to the driver. He is not obliged to advise him on a defence.


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    #112
    colbully
    Closed Accounts Posts: 53 ✭✭colbully


    i dont think i will be fighting this one lads..im holding my hands up an accepting my stupidty an my mistakes...6 months off the road isnt the end of the world an i will work around it in whatever way i can


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    #113
    ThreeLineWhip
    Closed Accounts Posts: 473 ✭✭ThreeLineWhip


    Lets us know when they send you the notice. We can then work out when the ban will run from there.


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    #114
    colbully
    Closed Accounts Posts: 53 ✭✭colbully


    ThreeLineWhip wrote: »
    Lets us know when they send you the notice. We can then work out when the ban will run from there.


    i will indeed threelinewhip..hopefully what u said earlier.about the 56.day period an then the 28 day period will allow me to stay driving for anothrr month or so...ive personally never heard of the 56period decision period on an FPN...altough this may be different for a dd case


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    #115
    Truman Burbank
    Registered Users Posts: 543 ✭✭✭Truman Burbank


    seamus wrote: »
    Holy ****, my apologies!

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

    That was worth reading 84 posts :D


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    #116
    IGALLA11
    Registered Users Posts: 3 ✭IGALLA11


    Hi this is my first post too. What if you had 4 big glasses of wine between 8.30 - 12.00, had several trips to the loo then had to give a sample at 3.17am what are the chances of a good outcome here


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    #117
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 51,687 Mod ✭✭✭✭Stheno


    IGALLA11 wrote: »
    Hi this is my first post too. What if you had 4 big glasses of wine between 8.30 - 12.00, had several trips to the loo then had to give a sample at 3.17am what are the chances of a good outcome here

    Zero large glass of wine is close to three units four is twelve you metabolise one an hour


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    #118
    whomitconcerns
    Registered Users Posts: 4,316 ✭✭✭whomitconcerns


    Well it happened to him 4 years ago.... He's probably forgotten now


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