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Question about drink-driving (passenger responsibility)

  • 04-02-2010 10:46PM
    #1
    johnmurphy2010
    Closed Accounts Posts: 32 ✭


    Hi,

    I'm wondering, is there any responsibility on the passenger in car if the driver gets pulled over and is 'done' by a guard for being intoxicated?

    (In this case, the passenger is fully aware that the driver had been drinking recently before getting into the car to start the journey and also the passenger (aswell as the driver) is a full-license holder).

    For instance, lets say my brother was out drinking in the pub all night long last night. and thismorning (he is still hungover) he drove me to the shops. If on the way to the shops he gets pulled over by the cops and is 'done' for being intoxicated while driving. As im the passenger in the car and hold a full-driving license (my brother does aswell), can I get 'done' for it also?


    Thanks.

    JM


Comments

  • #2
    yarmanfromdebar
    Closed Accounts Posts: 13 ✭yarmanfromdebar


    Not at all, sure who is going to drive him to the shops when he's banned! It would set a legal precedent in this country.


  • #3
    galwaytt
    Registered Users, Registered Users 2 Posts: 12,754 ✭✭✭✭galwaytt


    ...first......you're a (insert suitable adjective here)for travelling as passenger in a car where the driver is likely to kill you. Have you no repect for your own life, or that of the others on the road you're likely to meet (physically ) ?

    Apart from that, you're (each) on your own........

    ...but it wouldn't be the worst idea in the world if there were a penalty.......

    ....and there's always Traffic Watch 1890 205 805

    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” 



  • #4
    Voodoomelon
    Registered Users, Registered Users 2 Posts: 9,661 ✭✭✭Voodoomelon


    Wasn't their talk before of the roles being reversed for learner drivers? That is, if you are a fully licensed, pissed passenger and you're accompanying a learner driver, you can be done for drink driving as you're supposed to be in control of the vehicle...


  • #5
    unkel
    Registered Users, Registered Users 2 Posts: 66,439 ✭✭✭✭unkel


    johnmurphy2010 wrote: »
    I'm wondering, is there any responsibility on the passenger in car if the driver gets pulled over and is 'done' by a guard for being intoxicated?

    Yes there is. Any passenger has the moral responsibility not to get driven by a driver over the legal limit. That's not a legally enforceable responsibility though in case of a driver with a full license. I'm not sure what the legal situation is in case of a driver without a full license (but with a learner license?)

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  • #6
    Voodoomelon
    Registered Users, Registered Users 2 Posts: 9,661 ✭✭✭Voodoomelon


    The only reason I brought that up was because someone on here was stopped by a Garda and was told whats written above ^^.


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  • #7
    blackiebest
    Registered Users, Registered Users 2 Posts: 650 ✭✭✭blackiebest


    I am aware of a case where an owner of a car, who was pissed, allowed a friend(who was also pissed) to drive, they were pulled over and both have lost their licence, not sure of the details but story was related to me recently and I knwo it to be true!


  • #8
    L1011
    Registered Users, Registered Users 2 Posts: 72,402 ✭✭✭✭L1011


    blackiebest wrote: »
    I am aware of a case where an owner of a car, who was pissed, allowed a friend(who was also pissed) to drive, they were pulled over and both have lost their licence, not sure of the details but story was related to me recently and I knwo it to be true!

    I'd take it the owner was done for being "drunk in charge of a vehicle" or whatever the equivalent in Irish law if there is such a thing, seeing as he wasn't actually driving.

    I was once breathalysed as an accompanying licenced driver to a driver on a permit, fair enough seeing as it was 4am on a Sunday morning and I did have to take over further on! (Cork to Dublin before the N8 DC became M8, learner couldn't take the M7 so swapped in Urlingford)


  • #9
    Del2005
    Registered Users, Registered Users 2 Posts: 19,166 ✭✭✭✭Del2005


    blackiebest wrote: »
    I am aware of a case where an owner of a car, who was pissed, allowed a friend(who was also pissed) to drive, they were pulled over and both have lost their licence, not sure of the details but story was related to me recently and I knwo it to be true!

    Maybe more to do with insurance issues then the passenger/owner being p!ssed.

    If you take it to it's logical conclusion, if you are a drunk passenger in a car being driven by a sober person, fully licensed and insured, then you could be done for DUI.


  • #10
    InTheTrees
    Registered Users, Registered Users 2 Posts: 9,900 ✭✭✭InTheTrees


    Its probably not black and white.

    The driver may have been driking but still be under the limit, so how would the passenger know?

    However if the driver was obviously drunk there has to be some responsibility on the passenger. You cant just knowingly witness someone breaking the law.


  • #11
    Wishbone Ash
    Registered Users, Registered Users 2 Posts: 25,070 ✭✭✭✭Wishbone Ash


    Voodoomelon wrote: »
    Wasn't their talk before of the roles being reversed for learner drivers? That is, if you are a fully licensed, pissed passenger and you're accompanying a learner driver, you can be done for drink driving as you're supposed to be in control of the vehicle...
    That was a myth. If a learner driver, had a drunk passenger, the learner would be deemed to be driving 'unaccompanied'.


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  • #12
    Wishbone Ash
    Registered Users, Registered Users 2 Posts: 25,070 ✭✭✭✭Wishbone Ash


    InTheTrees wrote: »
    You cant just knowingly witness someone breaking the law.
    Isn't it illegal to be drunk in a public place? Are we, as ordinary citizens, supposed to prevent this?


  • #13
    Del2005
    Registered Users, Registered Users 2 Posts: 19,166 ✭✭✭✭Del2005


    InTheTrees wrote: »
    You cant just knowingly witness someone breaking the law.

    Jaywalking, speeding, incorrect signaling are things I see regularly and don't do anything about. Can I be done for seeing this? I've even seen people smoking in the doorway of a pub, should I go on the run for not reporting them?


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