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Brother caught for driving with drugs

  • 03-04-2009 8:30pm
    #1
    Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭


    Hi. My brother recently went on a trip to Amsterdam. He was there for a week, but didnt drink the last two days in case he got breathalised when he got home. He did get breathalised, and had a 0 level of alcohol, which he told us about. But my mother was telling me she found a letter in the house addressed to him from RSA which said a blood test done found some levels of cocaine and marijuana in his system. He hasnt said anything about this, but I presume their will be a court case to come up.

    I need to confront him about this, Im not worried about that, I will tell him I was snooping and found the letter, what Im worried about is he is a bury your head in the sand type of guy. Im afraid he wont turn up for court, get caught and maybe brought to jail. I need to know, should he be still driving at the moment? does it carry an automatic suspension or does it wait till the court case? On a first offense is it likely that it will carry a jail sentence? I really dont want to see him going to jail obviously.

    Any advice is much appreciated.


Comments

  • Registered Users, Registered Users 2 Posts: 180 ✭✭Minxie123


    Just wondering how old your brother is? If he's not a kid then maybe you should just leave him to it. Obviously you don't want to see him ending up in jail but if he's an adult then really you have to let him live his own life and with the consequences of his actions.


  • Registered Users, Registered Users 2 Posts: 422 ✭✭zxcvbnm1


    i don't understand.
    Why were people breatalising him and doing blood tests on him?


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    It waits for the court case and the likely sentence will be driving ban + a steep fine. It may depend on whether there were any other offences committed. He needs a solicitor.

    How about picking a moment and having a one-to-one chat first, no mention of the letter.


  • Closed Accounts Posts: 218 ✭✭Allah Hu Akbar


    Hi. My brother recently went on a trip to Amsterdam. He was there for a week, but didnt drink the last two days in case he got breathalised when he got home. He did get breathalised, and had a 0 level of alcohol, which he told us about. But my mother was telling me she found a letter in the house addressed to him from RSA which said a blood test done found some levels of cocaine and marijuana in his system. He hasnt said anything about this, but I presume their will be a court case to come up.

    I need to confront him about this, Im not worried about that, I will tell him I was snooping and found the letter, what Im worried about is he is a bury your head in the sand type of guy. Im afraid he wont turn up for court, get caught and maybe brought to jail. I need to know, should he be still driving at the moment? does it carry an automatic suspension or does it wait till the court case? On a first offense is it likely that it will carry a jail sentence? I really dont want to see him going to jail obviously.

    Any advice is much appreciated.

    He won't go to jail, it's the same as drink driving.

    Cannabis stays in your system for about 3-4 weeks so he could just say he was in Amsterdam and had a smoke there, although he must've been red eyed for the cops to take blood off him.


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    zxcvbnm1 wrote: »
    i don't understand.
    Why were people breatalising him and doing blood tests on him?

    I presume the police arrested him and brought him into the cell. He spent the night in there. Maybe he was speeding, or they might have picked him cause he looks a little like someone out of the happy mondays or something.


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  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    He won't go to jail, it's the same as drink driving.

    Cannabis stays in your system for about 3-4 weeks so he could just say he was in Amsterdam and had a smoke there, although he must've been red eyed for the cops to take blood off him.

    Thats ok, so long as he shouldnt be on the road right now. I will bring it up with him soon enough. I know people say I should let him live his life, but you know, its your little brother like.


  • Closed Accounts Posts: 20,649 ✭✭✭✭CDfm


    Thats ok, so long as he shouldnt be on the road right now. I will bring it up with him soon enough. I know people say I should let him live his life, but you know, its your little brother like.

    Best advice is just tell him straight. Kid mum was tidying your roomand we found this letter. Its going to be a bit embarressing and the neighbours will talk. How will it affect work etc.

    As much as I hate drunk drivers I know little about drugs and impaired driving. He will need a good solicitor who knows the law on it and that would be something you might concentrate on helping him find.

    Having a sensible trutful discussion is not confronting.


  • Registered Users, Registered Users 2 Posts: 2,212 ✭✭✭MrPillowTalk


    I know someone in the same position at the moment, the sentance if found guilty is a mandatory 4 year ban which is ridiculously stringent when compared to drink driving bans. You can try fight it by getting your solicitor to question the validity and accuracy of the testing and also the procedures followed by the guardai.


  • Closed Accounts Posts: 1,125 ✭✭✭lee_arama


    He won't go to jail, it's the same as drink driving.

    Cannabis stays in your system for about 3-4 weeks so he could just say he was in Amsterdam and had a smoke there, although he must've been red eyed for the cops to take blood off him.

    Why would this be the case? That he's fine? It's legal for me to drink in any pub but I'm still breaking the law by driving under the influence.

    For the OP chances are that this will still be a first offence type situation and your brother may well be left off the hook. Either way you should actually give him a fair slap across the back of the head because at the end of the day the guy was on the road with narcotics in the system.


  • Registered Users, Registered Users 2 Posts: 26,280 ✭✭✭✭Eric Cartman


    lee_arama wrote: »
    Either way you should actually give him a fair slap across the back of the head because at the end of the day the guy was on the road with narcotics in the system.

    its a bit unfair here because the test for drugs in your system is the same used as say for rehab clinics, it detects every bit, and theres no limit to which you can be under the influence, im sure if you went to amsterdam, smoked a few joints and came back, after 2-3 days of being off the stuff youd be less dangerous than somebody with 30mg of alcohol in their blood


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  • Posts: 17,378 ✭✭✭✭ [Deleted User]


    Minxie123 wrote: »
    Just wondering how old your brother is? If he's not a kid then maybe you should just leave him to it. Obviously you don't want to see him ending up in jail but if he's an adult then really you have to let him live his own life and with the consequences of his actions.

    so you think that personal issues should be got ridden of except for under-18 year olds? the absolute cheek of your post is sickening. he wants to help his brother, not let his brother learn an expensive lesson.



    i hope you never ever ask for advice in this forum or i'm going to quote your post back to you.

    "live your own life and deal with the consequences, don't bother me"

    :mad:


  • Closed Accounts Posts: 20,649 ✭✭✭✭CDfm


    http://www.transport.ie/viewitem.asp?id=2666&lang=ENG&loc=1225

    Here is a link and the penalty seems to be the same as for drinking but it depends on the amount etc,

    Still will need a solicitor as drugs are an intoxicant and maybe he is not being truthful about his usage.


  • Registered Users, Registered Users 2 Posts: 86,729 ✭✭✭✭Overheal


    Anywho we can't tell you for definite how severe the charges are, as we don't know the details of the case. Maybe there was a sh!t-ton of coke in his system, and he will get prison, or there was a trace of coaine in his system, then you could argue Amsterdam this bla bla bla. Thats why you need a Legal Professional, AKA. Solicitor.

    I think the real question here is do you really want to broach the subject with him? Obviously it worries you, and frankly I would just head out and speak to him about it. Don't play into this idea "Oh no you guys were snooping ITS NOT YOUR PROBLEM." Don't play into that whatsoever. You are not somehow in the wrong just because you found out about it in a certain way. He would be missing the point or throwing up a smokescreen from the real issue, which is he's taking drugs, he's caught legal attention about it, and you're worried for him.

    My brother is a bury your head in the sand kinda guy too :o he's 22 and he is still anal about hiding his smoking (weed AND cigarettes) from our mom even though I know she knows and everybody ****ing knows that he smokes. He says its "out of respect" but frankly I think its a total disregard for the woman's intelligence, if you get me. My sister too. Me and my other brother are of a different mindset where we don't mind discussing these things - its more important to have an open relationship with your family, if you ask me.


  • Closed Accounts Posts: 20,649 ✭✭✭✭CDfm


    I have just conducted a random survey of 18 yo's and given the choice of fessin up to Mom or going to jail ;fessin up to Mom got a 100% response:pac:


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    Hey OP,

    Ive been down that road before (thats why im going unregistered). The next step after that letter that he has already recieved is that if the gardai think they will get a conviction then they will arrive at your door with a summons. You need to sit down and tell your brother you know about the letter, he will more than likely be relieved that you arent mad and are just trying to help him, tell him that this is serious. Ask him to be absolutely 100% honest and admit to how much cocaine he took prior to his arrest. Cocaine goes out of your system 48-72hours after you take it, marijuana is a bit longer i think, however depending on the amount he took will determine whether a case will be brought against him or not. I would be inclined to think that he took cocaine within 24hours of driving, as the tests they have rule out just traces of cocaine, I maybe wrong though.

    Regardless of this it will take at least 3-9months before you hear whether he will be charged by the police or not so there is no huge hurry to get a solicitor, in fact you could probably sweat it out and wait until he is formally charged as if he is the court case wont be for at least 1 or 2 months after that again. But for peace of mind maybe its not a bad idea to consult one now.

    If\When he is charged get a solicitor straight away, let them decide what way they think he should plead, he should tell them absolutely everything truthfully and honestly. Your brother should have been given a urine sample when he was arrested and if he has it you can decide to have this retested. Also when he is up in court you can also have somebody from the lab were the urine\bloodtest was sent and they will tell you what levels of drugs were in the samples. Both of the above cost a fair few quid roughly 300euro so your brother is better off being honest with you, if he took coke that night or a large quantity the night before then there is no point in going down that road and tbh he is better off pleading guilty.

    If he is found guilty he is looking at 2years ban minimum and a fine of roughly 1-2k depending on income. There is also a possibility that he could get a small jail sentence or have to attend drug rehibilation courses etc etc but it's unlikely this will happen unless he gets a really strict judge. Anyhoo the Solicitor will tell you what your chances are of winning and if found guilty what the sentences will be.


  • Registered Users, Registered Users 2 Posts: 1,186 ✭✭✭Nichololas


    CDfm wrote: »
    I have just conducted a random survey of 18 yo's and given the choice of fessin up to Mom or going to jail ;fessin up to Mom got a 100% response:pac:

    That depends on your mother. >_>


  • Moderators, Society & Culture Moderators Posts: 16,647 Mod ✭✭✭✭Manic Moran


    The MJ shouldn't be much of an issue, but the cocaine is going to be more problematic to explain to people who may need to know. (I'm wondering about future employers here). As best I recall, it's not legal even in Amsterdam, and it's pretty hard to claim 'passive smoking'

    NTM


  • Closed Accounts Posts: 20,649 ✭✭✭✭CDfm


    Hey OP,

    I would be inclined to think that he took cocaine within 24hours of driving, as the tests they have rule out just traces of cocaine,

    If\When he is charged get a solicitor straight away, let them decide what way they think he should plead, he should tell them absolutely everything truthfully and honestly. Your brother should have been given a urine sample when he was arrested and if he has it you can decide to have this retested.

    Anyhoo the Solicitor will tell you what your chances are of winning and if found guilty what the sentences will be.
    A very sensible post.

    I am inclined to agree with everything except that you should get a solicitor now. there are ones that specialise in this area and know whether procedures have been properly followed so it may not get to court.

    I know one woman who totalled a car at a level crossing and got off.Mind you her husband has since left her and has the kids.

    You need to find one of those guys and they are not cheap so you need to investigate court issues.

    I dont think your brother is being honest about the extent of his drug use.


  • Registered Users, Registered Users 2 Posts: 180 ✭✭Minxie123


    so you think that personal issues should be got ridden of except for under-18 year olds? the absolute cheek of your post is sickening. he wants to help his brother, not let his brother learn an expensive lesson.



    i hope you never ever ask for advice in this forum or i'm going to quote your post back to you.

    "live your own life and deal with the consequences, don't bother me"

    :mad:

    But you see that's just it. He hasn't asked for advice. The OP was snooping and found a letter addressed to his brother. Obviously if help was asked for it should be given but it hasn't.


  • Registered Users, Registered Users 2 Posts: 6,584 ✭✭✭PCPhoto


    its just a suggestion but when you speak to your brother ask him to attend a narcotics anomyous session (or a couple of them) ..... this will benefit him if/when the matter comes to court - and could be the difference between a jail term or not.

    the defendant must show responsibility for the problem (ie. addiction to drugs) and making the effort to seek treatment and showing the court that he recognises he has/had a problem and makes steps to help/stop him from doing this again.

    There are so many factors that must be known to understand the seriousness of the alleged offences.

    In my opinion your brother must have been stopped by gardai - he supplied them with a blood/urine sample which means he had to goto the station - he cant hide away from the fact that he could be in serious trouble.

    Talk to your brother as soon as possible - make sure he understands the full extent of the problem and the fact that he must make changes to his life NOW to avoid a possible jail term.


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