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Legal Help Needed

  • 09-02-2009 12:28pm
    #1
    Closed Accounts Posts: 3


    can any one help was in court last week were i received a 5 year ban now ive appealed it straight away it was for dangerous driving . my solictor caught the gardai out lying in court an this still got me a 5year ban if i apeal it wat would be the out come just to add another point my dob 1s 12 /01/85 but i was convicted AS 12/01/83 would that matter by ne chance thank you


Comments

  • Registered Users, Registered Users 2 Posts: 22,815 ✭✭✭✭Anan1


    robroy23 wrote: »
    can any one help was in court last week were i received a 5 year ban now ive appealed it straight away it was for dangerous driving . my solictor caught the gardai out lying in court an this still got me a 5year ban if i apeal it wat would be the out come just to add another point my dob 1s 12 /01/85 but i was convicted AS 12/01/83 would that matter by ne chance thank you
    You need a solicitor, not the opinions of random people you meet on the internet.


  • Moderators, Politics Moderators Posts: 41,219 Mod ✭✭✭✭Seth Brundle


    I have moved your posts robroy23.
    My advice would be to contact a solicitor as Anan1 has already mentioned.


  • Closed Accounts Posts: 12,102 ✭✭✭✭Drummerboy08


    Im not being nasty, but if there is a legit reason that you were in court for dangerous driving, i really hope you dont get it overturned because of an admin error.

    If you werent driving dangerously, and the guard (for whatever reason) is lying in court about it, and you can prove it, then talk to your solicitor.


  • Registered Users, Registered Users 2 Posts: 8,753 ✭✭✭qz


    You need legal advice you go to a solicitor.
    You need medical advice you go to a doctor.

    Boards.ie cannot do these things for you.

    Your problem seems pretty serious so why not treat it as such - get professional help.

    The mind boggles.


  • Registered Users, Registered Users 2 Posts: 9,618 ✭✭✭Heroditas


    Should be interesting to see what he was accused of doing though...


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  • Moderators, Politics Moderators Posts: 41,219 Mod ✭✭✭✭Seth Brundle


    Hang on!
    I'm just re-reading this again. Your solicitor caught the garda lying in the court but you were still done. If you have a solicitor acting on your behalf, why then are you asking some random petrolheads?


  • Closed Accounts Posts: 16,095 ✭✭✭✭omb0wyn5ehpij9


    kbannon wrote: »
    Hang on!
    I'm just re-reading this again. Your solicitor caught the garda lying in the court but you were still done. If you have a solicitor acting on your behalf, why then are you asking some random petrolheads?

    +1


  • Closed Accounts Posts: 1,178 ✭✭✭dade


    maybe his solicitor couldn't understand that atrocious spelling when the OP wrote and asked his advice

    or maybe there was other evidence than the word of the Gardai in question that could be excluded and still conclude the case with the same result


  • Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,581 Mod ✭✭✭✭Robbo


    A 5 year ban? You either have a lot of previous or you did something spectacularly stupid and dangerous.


  • Registered Users, Registered Users 2 Posts: 318 ✭✭zulfikarMD


    robroy23 wrote: »
    can any one help was in court last week were i received a 5 year ban now ive appealed it straight away it was for dangerous driving

    5 year ban only for dangerous driving? did you hit anyone? I had a accident where my mother and mother-in-law passed away..garda caught polish driver who eventually pleaded guilty and got just 2 years jail + 2 years driving ban..what is the criteria for getting driving ban?


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  • Registered Users, Registered Users 2 Posts: 550 ✭✭✭mcauley


    Robbo wrote: »
    A 5 year ban? You either have a lot of previous or you did something spectacularly stupid and dangerous.

    +1

    The ban shouldnt be overturned on an administrative error, unless your forgetting to mention something else here..


  • Registered Users, Registered Users 2 Posts: 4,663 ✭✭✭stealthyspeeder


    kbannon wrote: »
    Hang on!
    I'm just re-reading this again. Your solicitor caught the garda lying in the court but you were still done. If you have a solicitor acting on your behalf, why then are you asking some random petrolheads?

    If his solicitor managed to catch the guard lying in court and still have his client convicted and punished with a five year ban, maybe his solicitor is crap! ( or maybe the OP did something soooooo wild and soooooo dangerous that 5 years was warrented!) Im so curious OP! what were you accused of? and is your lawyer like Lynal Hutz off the Simpsons!?


  • Posts: 17,378 ✭✭✭✭ [Deleted User]


    qz wrote: »
    The mind boggles.
    +1


  • Registered Users, Registered Users 2 Posts: 38,247 ✭✭✭✭Guy:Incognito


    If his solicitor managed to catch the guard lying in court and still have his client convicted and punished with a five year ban, maybe his solicitor is crap!

    Purely going on the info he's given so far I'd imagine the "lie" he was caught out on was the wrong DOB. ie admin error = lie.


  • Registered Users, Registered Users 2 Posts: 3,208 ✭✭✭T-Maxx


    Trolling:rolleyes:


  • Registered Users, Registered Users 2 Posts: 8,451 ✭✭✭CharlieCroker


    Sounds all slightly unbelievable to me, especially since the max ban for a first offence of dangerous driving is 4 years if it causes death ior serious injury and 6 yrs for 2+ convictions!!


  • Registered Users, Registered Users 2 Posts: 196 ✭✭PCwiggum


    I think this will be robroys first and last post on boards.ie - well in the motor section anyways....:pac:


  • Registered Users, Registered Users 2 Posts: 8,451 ✭✭✭CharlieCroker


    :D


  • Closed Accounts Posts: 3 robroy23


    robroy23 wrote: »
    can any one help was in court last week were i received a 5 year ban now ive appealed it straight away it was for dangerous driving . my solictor caught the gardai out lying in court an this still got me a 5year ban if i apeal it wat would be the out come just to add another point my dob 1s 12 /01/85 but i was convicted AS 12/01/83 would that matter by ne chance thank you
    As i already pointed out i have a solictor on this case. basically what happened was the guards said they seen driving while on the phone and came after me (i didnt see them as i would of stopped ) and that i sped of taking 2 corners at speed and driving by a green space at 100kph with children playing to my left (which is lies ) now they said they lost site of me and yes it was my first conviction of any sort all im asking for is peoples opinion of dothey think it warrants a 5 yr ban and ive found out about the wrong dob situation already thanks for peoples help


  • Registered Users, Registered Users 2 Posts: 17,819 ✭✭✭✭peasant


    for legal advise .... keep talking to your solicitor

    For unsolicited, opinionated comment ...you've come to the right spot :pac:


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  • Moderators, Business & Finance Moderators Posts: 17,852 Mod ✭✭✭✭Henry Ford III


    robroy23 wrote: »
    As i already pointed out i have a solictor on this case. basically what happened was the guards said they seen driving while on the phone and came after me (i didnt see them as i would of stopped ) and that i sped of taking 2 corners at speed and driving by a green space at 100kph with children playing to my left (which is lies ) now they said they lost site of me and yes it was my first conviction of any sort all im asking for is peoples opinion of dothey think it warrants a 5 yr ban and ive found out about the wrong dob situation already thanks for peoples help

    You wouldn't (in my humble opinion) get a 5 year driving ban for that.

    I call SHENANIGANS! :D


  • Closed Accounts Posts: 12,035 ✭✭✭✭-Chris-


    robroy23 wrote: »
    As i already pointed out i have a solictor on this case. basically what happened was the guards said they seen driving while on the phone and came after me (i didnt see them as i would of stopped ) and that i sped of taking 2 corners at speed and driving by a green space at 100kph with children playing to my left (which is lies ) now they said they lost site of me and yes it was my first conviction of any sort all im asking for is peoples opinion of dothey think it warrants a 5 yr ban and ive found out about the wrong dob situation already thanks for peoples help

    If everything the Gardai said is true, then yes, it warrants a 5 year ban. Definitely.

    If they're lying and you're the victim of a Garda lying about what happened, then no, you shouldn't be banned.

    If they're lying about some of it, but they're telling the truth on the rest then you'll have to clarify on the events before anyone here can "help".


  • Closed Accounts Posts: 12,035 ✭✭✭✭-Chris-


    robroy23 wrote: »
    As i already pointed out i have a solictor on this case. basically what happened was the guards said they seen driving while on the phone and came after me (i didnt see them as i would of stopped ) and that i sped of taking 2 corners at speed and driving by a green space at 100kph with children playing to my left (which is lies ) now they said they lost site of me and yes it was my first conviction of any sort all im asking for is peoples opinion of dothey think it warrants a 5 yr ban and ive found out about the wrong dob situation already thanks for peoples help

    Clarification: I'm reading this as you on the phone while driving. Gardai come up behind you, you don't show any recognition of them and you speed off (you say you didn't see them). After several corners at speed and speeding in a residential area, you managed to lose them.
    I'm not sure how they caught you afterwards.

    Do I have this right? Am I missing anything?


  • Moderators, Politics Moderators Posts: 41,219 Mod ✭✭✭✭Seth Brundle


    peasant wrote: »
    for legal advise .... keep talking to your solicitor

    For unsolicited, opinionated comment ...you've come to the right spot :pac:
    It was solicited in fairness - the OP asked for our views!


  • Registered Users, Registered Users 2 Posts: 12,822 ✭✭✭✭galwaytt


    AudiChris wrote: »
    If everything the Gardai said is true, then yes, it warrants a 5 year ban. Definitely.

    If they're lying and you're the victim of a Garda lying about what happened, then no, you shouldn't be banned.

    If they're lying about some of it, but they're telling the truth on the rest then you'll have to clarify on the events before anyone here can "help".

    Can't agree with 5 yrs tbh - there's people out there doing much worse, including drink driving causing death and they get nothing like this.

    Ode To The Motorist

    “And my existence, while grotesque and incomprehensible to you, generates funds to the exchequer. You don't want to acknowledge that as truth because, deep down in places you don't talk about at the Green Party, you want me on that road, you need me on that road. We use words like freedom, enjoyment, sport and community. We use these words as the backbone of a life spent instilling those values in our families and loved ones. You use them as a punch line. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the tax revenue and the very freedom to spend it that I provide, and then questions the manner in which I provide it. I would rather you just said "thank you" and went on your way. Otherwise I suggest you pick up a bus pass and get the ********* ********* off the road” 



  • Registered Users, Registered Users 2 Posts: 3,668 ✭✭✭eringobragh


    galwaytt wrote: »
    Can't agree with 5 yrs tbh - there's people out there doing much worse, including drink driving causing death and they get nothing like this.

    If it was Mary Fahy (Galway) it would be penal servitude for life with Hard Labour :D .Someone recieved a 12month Ban for a noisy sports exhaust off her I'm told :eek:


  • Registered Users, Registered Users 2 Posts: 582 ✭✭✭HJL


    AudiChris wrote: »
    Clarification: I'm reading this as you on the phone while driving. Gardai come up behind you, you don't show any recognition of them and you speed off (you say you didn't see them). After several corners at speed and speeding in a residential area, you managed to lose them.
    I'm not sure how they caught you afterwards.

    Do I have this right? Am I missing anything?

    I dont know what the technical court room name for that is, but around here its called trying to out run the cops!


  • Registered Users, Registered Users 2 Posts: 3,918 ✭✭✭Terrontress


    zulfikarMD wrote: »
    5 year ban only for dangerous driving? did you hit anyone? I had a accident where my mother and mother-in-law passed away..garda caught polish driver who eventually pleaded guilty and got just 2 years jail + 2 years driving ban..what is the criteria for getting driving ban?

    Jesus Christ!


  • Registered Users, Registered Users 2 Posts: 748 ✭✭✭It BeeMee


    robroy23 wrote: »
    As i already pointed out i have a solictor on this case. basically what happened was the guards said they seen driving while on the phone and came after me (i didnt see them as i would of stopped ) and that i sped of taking 2 corners at speed and driving by a green space at 100kph with children playing to my left (which is lies ) now they said they lost site of me and yes it was my first conviction of any sort all im asking for is peoples opinion of dothey think it warrants a 5 yr ban and ive found out about the wrong dob situation already thanks for peoples help

    You didn't speed by?
    Or there were no children playing?
    Is this the part your colsicitor caught the guard out on?

    Even if it is, there are still plenty of grounds for conviction.

    Still, 5 years sounds very harsh for the information we have so far.


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  • Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    The normal speed limit driving in a residential area (around a green area) would be 50kph at most, more usually 30kph where children are at play. So, doing 100kph would qualify for dangerous driving.

    Talking on the phone while driving is a no brainer. You deserve that.

    Not stopping for the Gardai, and speeding away is a serious offence in itself. Not seeing the Gardai with lights, etc on, would also qualify for driving without due care and attention.

    If those are the offences, then you deserve what you got, never mind if it was your first or 10th offence. I doubt you'll get much sympathy here.

    If you want legal advice - talk to your solicitor.


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Where was the court, who was the judge?


  • Closed Accounts Posts: 3 robroy23


    Where was the court, who was the judge?
    ya all a pack of wasters on this i asked for advice not a lecture just to let ya `s all no my appeal was heard friday and i was givin the benefit of the doubt ha ha go an kisss my b******


  • Registered Users, Registered Users 2 Posts: 17,819 ✭✭✭✭peasant


    robroy23 wrote: »
    ya all a pack of wasters on this ....ha ha go an kisss my b******

    Lovely to have known you too :D

    banned

    thread closed


This discussion has been closed.
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