Drink driving question - AGS members help!

-Chris-

I know this has been asked by Limerick Man before, but I'm not sure if we ever got a concrete answer, so I'm asking it again because it worries me...



I've been the sole driver in the relationship for a while, and therefore the defacto designated driver.

My missus is currently learning to drive, and I bought her her first car yesterday.

She's now saying "this'll be cool Chris - you can finally drink, and I can take my turn being the designated driver".

I think this is a bad idea, as she should be accompanied by a competent fully licenced driver while she's still on her L plates, she says "it'll be grand, nobody enforces the learner driver accompanyment rule".



My question is this:
We're out together and I have a few pints while she stays sober and she then drives us home.
We're pulled over by the Gardai who see her driving on her provisional licence, accompanied by a fully licenced driver who's intoxicated.
What is the likely outcome - will she be fined for driving unaccompanied or will I be charged for drink driving?



My job relies on my ability to drive, and I have no intention of having a drink driving charge brought against me. If anyone has a definitive answer to this, I'd really appreciate it.

Owen

You're as well off PMing 'TheNog', he'll have the correct answer in this situation I'm sure.

ART6

There was a fair bit of discussion about this here http://www.boards.ie/vbulletin/showthread.php?t=2055176756

rocknchef

I would just stay the designated driver. always ends in agro when i mix the 2 drink and wife driving.

I like the easy life:D

PauloMN

Not being funny, but I wouldn't assume that a member would know the actual rules and regulations on this issue. You need to find the actual wording of the legislation, not just ask a Garda.

Guy:Incognito

Legal issues aside. What if something happens and you need to be able to drive the car?

-Chris-

ART6 wrote: »

There was a fair bit of discussion about this here http://www.boards.ie/vbulletin/showthread.php?t=2055176756

Wishbone Ash wrote: »

Accompanied Driver Rules/Restrictions

Accompanied Driver

Category B Permit holders must be accompanied at all times:

The person acting as an Accompanied Driver must:

4. - be in a fit state to drive.

That's great help, I'm not happy risking either a drink-driving charge or a €1,000 fine for herself.

Thanks.

-Chris-

Stekelly wrote: »

Legal issues aside. What if something happens and you need to be able to drive the car?

We park it safely and take a taxi.

peasant

AudiChris wrote: »

We're pulled over by the Gardai who see her driving on her provisional licence, accompanied by a fully licenced driver who's intoxicated.
What is the likely outcome - will she be fined for driving unaccompanied or will I be charged for drink driving?

I think potentially (but not certainly or always) you could be done for both.

That potential alone would be reason enough for me not to risk it.

Kartale

Of course according to rules the accompanying driver must be in a fit state to drive, but this does not mean that the accompanying driver gets done for drink driving. its impossible YOU ARE NOT DRIVING.
The learner driver would get the fine and possible ban as the onus is on them to follow the letter of the law.
This law is by discretion of Garda

bazzachazza

It shouldn't be an issue for too long Chris driving test waiting times are well down so just get her up to speed for one and you won't have to worry about this in a few months time.

In the mean time don't take the chance. Murphy's/sod's law and all that.

Guy:Incognito

Kartale wrote: »

Of course according to rules the accompanying driver must be in a fit state to drive, but this does not mean that the accompanying driver gets done for drink driving. its impossible YOU ARE NOT DRIVING.
The learner driver would get the fine and possible ban as the onus is on them to follow the letter of the law.
This law is by discretion of Garda

You dotn have to be actually driving a car to be done foe drink driving. Being in control of the car is what counts.

Kartale

You are not in control of the car even accompanying a provisional

bazzachazza

My job relies on my ability to drive

Again bear this in mind when you respond. So unless you know for certain and can back up your info don't respond

3 Dollar Bill

Why not just drive to your pub of choice and then get a taxi home. You can always collect your car the following day. No point in risking it.

Drummerboy08

I know that the above is the letter of the law, but being realistic about it, how likely are you to be stopped and done for it?

I'll admit to doing it when my girlfriend was on her provisonal. We came upon a number of checkpoints over the months she was driving on it, some of whom never asked me for my licence, some did.

Kartale

so your telling me that you think you are control of a car when accompanying a provisional driver - from the passenger seat

L-M

Kartale wrote: »

so your telling me that you think you are control of a car when accompanying a provisional driver - from the passenger seat

Apparently so, according to one guard.

Chris, in the mean time, I've been talking to a few gardai and they have all said that what that garda said that night was not true. You are not automatically assumed to be the controller of the car. I'd like to hear our boardsie gardai opinions on this, and what they would do.

Stekelly

Stekelly wrote: »

You dotn have to be actually driving a car to be done foe drink driving. Being in control of the car is what counts.

This is a joke of a rule. The only way someone should be done for drink driving is if they are stopped on the road driving. This nonsense of doing people who are sleeping in their car etc is completely unfair. Its a great system alright, someone wants to have a drink and get home safely so their wife/girlfriend agrees to drive them home and they still have to worry about being done. Who comes up with these daft impractical rules?

-Chris-

Limerick man wrote: »

I'd like to hear our boardsie gardai opinions on this, and what they would do.

+1. I know what I assume to be true and I value the opinions here, but it'd be interesting to get more than an educated guess.

rocknchef

3 Dollar Bill wrote: »

Why not just drive to your pub of choice and then get a taxi home. You can always collect your car the following day. No point in risking it.

but this in mind make sure you are not over the limit the next day or it really does defeat the purpose.

any 1 for a cup of tea

3 Dollar Bill

rocknchef wrote: »

any 1 for a cup of tea

2 sugars please

donvito99

Emergency Services Forum

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