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Drink Driving Conviction

  • 28-03-2007 10:00pm
    #1
    Closed Accounts Posts: 29


    Hi

    I was in court today for a drink driving offence.

    I was stopped at 9:00 the following morning from drinking.

    i didn't realise i was over the limit but anyway i was arrested and charged.

    My reading was 0.43 milligrams per 100 in my breath test

    I went to court today and i have been told that i am disqualified from driving for a year and fined €400.

    I had reseached this penalty and thought that the maximum was 3 months.

    I am obvously quit shoked by this verdict considering that i was very co-operitave and very remourseful(sp), which the Garda said in the court aswell.

    I was just wondering if anybody here can tell me is it worth appealing this case?? it seems very harsh.

    By the way i represented myself...

    i would really appreciate anybodys thoughts on this.


Comments

  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,549 Mod ✭✭✭✭johnnyskeleton


    You seem to be looking for a solicitor. Find one and ask them.


  • Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    43 mg is below 44mg per 100ml of breath which means a mandatory 3 month disqualification order under section 26 of the road traffic act for a first conviction. The judge still has a discretion under s. 27 to issue a disqualification order for a greater period if he sees fit. If you feel aggravated by the district judges decision, you can lodge a notice of appeal and recognisance and appeal to the circuit court. If you do it within 14 days the disqualification order is stayed until the circuit court hears the case. The circuit court hears the case de novo and of course is capable of imposing a more severe sanction as well as a more lenient one.


  • Registered Users, Registered Users 2 Posts: 25,038 ✭✭✭✭Wishbone Ash


    JoeSixpack wrote:
    I was stopped at 9:00 the following morning from drinking
    Bit of a bummer alright JoeSixpack. There, but for the grace of God.....

    Just as a matter of interest, were you drinking well into the wee small hours?


  • Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    JoeSixpack wrote:
    Hi

    I was in court today for a drink driving offence.

    I was stopped at 9:00 the following morning from drinking.

    i didn't realise i was over the limit but anyway i was arrested and charged.

    My reading was 0.43 milligrams per 100 in my breath test

    I went to court today and i have been told that i am disqualified from driving for a year and fined €400.

    I had reseached this penalty and thought that the maximum was 3 months.

    I am obvously quit shoked by this verdict considering that i was very co-operitave and very remourseful(sp), which the Garda said in the court aswell.

    I was just wondering if anybody here can tell me is it worth appealing this case?? it seems very harsh.

    By the way i represented myself...

    i would really appreciate anybodys thoughts on this.

    That was Court 46 in the Bridewell. Judge Smyth? Weren't you wearing a grey suit?


This discussion has been closed.
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