Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

2nd drink driving conviction was treated as 1st offence

  • 22-05-2010 9:04am
    #1
    IrishHomer
    Registered Users, Registered Users 2 Posts: 3,002 ✭✭✭


    I couple of years ago a lad i know had two pending drink driving court cases and he had been cought twice within a few months of each other.

    Anyway the cases were both heard eventually and when his 2nd conviction came up the judge asked any previous convictions and the Garda said "no previous concivtions"

    So his 2nd case was treated exactly like his 1st one with 2yrs of road and a minimal fine.

    Has anyone ever heard of this happening before wondering he is due to get on the road any day now seemingly :confused:


Comments

  • #2
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    The previous conviction most likely wasn't on the system when the garda checked. The system is flawed in that it doesn't highlight pending cases or thing like disqualifications. It's basically a lack of communication between the courts and gardaí.

    If you are that concerned that this persons conviction has been missed write to the courts and highlight the issue. I would say both convictions are now logged on the system so the next time he gets caught he will get done for a 3rd conviction.


  • #3
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Sometimes the case in which the first incident occurred is heard second. If that happens the conviction for the second offence is not relevant. When the second incident was being dealt with, he would not have been convicted of the first. A good solicitor will try and manipulate the hearings through adjournments etc. so that the second in time incident is heard first.
    I have also known guards to do a deal for a guilty plea.


  • #4
    IrishHomer
    Registered Users, Registered Users 2 Posts: 3,002 ✭✭✭IrishHomer


    Jo King wrote: »
    Sometimes the case in which the first incident occurred is heard second. If that happens the conviction for the second offence is not relevant. When the second incident was being dealt with, he would not have been convicted of the first. A good solicitor will try and manipulate the hearings through adjournments etc. so that the second in time incident is heard first.
    I have also known guards to do a deal for a guilty plea.

    I think your spot on this is actually what happened the solicitor did stall it several times and the 1st offence ended up being heard 2nd.

    I think its disgarcefull the way this allowed to happen.


Advertisement