Drink driving technicalities

TheKid1987

I was just wondering, ive heard of people getting off drink driving charges for small technicalities, would anyone know of such examples that can be used? i know if then dont read you your rights and that but that rarely happens. And if you fail the breathalyzer in the garda station can you ask for a re-test or to take a different test, are they obliged to let you do so if you ask? i have a mate in court next week, he got into his car and drove no more than 40yards from where he was parked, when 2 guards came round a corner and walked out in front of him and waved him down, this was at 4.30am.they thought he was over the limit coz they could smell his breath so asked him to get out ofthe car and the guard arrested him under suspicion of driving under the influence. he came out as 51mg on the breathalyzer in the garda station after the 20minutes observation period, he asked for another test cause he did not think he was over the limit but they said you are only allowed one on the machine that it is fairly accurate all the time. we were sure he wasnt over the limit otherwise he wouldnt of gotten into the car in the first place and was very obliging to the guards as he thought he had nothing to worry about.He went straight to the station with them and didnt kick up any kind of a fuss as he was sure it was going to be fine. He only drinks once every 4-5 weeks and he is a very sensible guy. Is there any way at all he could work around it with some technicality??

Our man in Havana

Talk to a solicitor.

djtechnics1210

I dont think anyone is going to discuss an active court case.

Our man in Havana

Nope, sub judice is totally out of bounds here.

TheKid1987

ya i suppose, i was just curious cause ive heard of many people getting off it.

djtechnics1210

If it was me id just take my punishment in court, if your drinking you shouldn't even think about driving no matter how little you've had to drink.

But best advice is get in contact with solicitor asap

TheKid1987

Do they need an initial reason to stop you?

djtechnics1210

Last Time.... case is ongoing, talk to a solicitor

jhegarty

No one is going to give legal advise here.

Have a read of this page for some background info drink driving.

http://www.citizensinformation.ie/categories/travel-and-recreation/motoring-1/driving-offences/drink-driving-offences-in-ireland

As said about he should talk to solicitor if he values his license.

happyhappy

TheKid1987 wrote: »

he got into his car and drove no more than 40yards from where he was parked, when 2 guards came round a corner and walked out in front of him and waved him down, this was at 4.30am.QUOTE]

it always amazes me that people attempt to justify the offence if they have driven only 40 yards and it was 4.30am in the morning!

there's plenty of solicitors to help your mate.

djtechnics1210

could have killed someone

McCrack

Definitely get your friend to consult with a solicitor.

Read of that what you will.

deadwood

TheKid1987 wrote: »

i have a mate in court next week, he got into his car and drove no more than 40yards from where he was parked

Sounds weird, getting into a car after a drink to drive just 40 yards. Then to have the misfortune of meeting a guard at the end of the trip?

It's amazing the amount of people I have met over the years who were "just about to pull in, guard".

Solicitor.

Hooch

Bond-007 wrote: »

Talk to a solicitor.

+1

Tom Young

OP: I'll ban you if you do that again.