second drink driving offence

dar4

hello iv a qeustion about the likelyhood of a custodial sentance for a second drink drive charge

my breath sample was 57 micro grammes per 100 millilitres of breath
its my second charge under the 2007 act
a charge of no insurance it was a friends car he was a passagner at the time of check point
i only have an out of date provisonal liesence
i have pleaded guilty to the 2 charges to the garda in the station at the time of testing i fully accept that im looking at a 4 year ban at least and a heavy fine but im very worried about a custodial sentance is this a posilbility? anybody any advice please

Caoimhín

I hope they throw the book at you.

Turner

If you only have one previous conviction it is very very very very very unlikely that you will receive a custodial sentence.

I have never seen it in my experience.

Show up well dressed and apologise for wasting the Gards time on the night and the courts time that day.

And employ a solicitor to do the talking for you.

Best of luck.

dar4

to cheif im currently unemployed construction worker do i qualify 4 a legal aid solictor and if so how do i apply to get 1 for the court date in early march thanks 4 your reply

Turner

Go to a solicitor now, any of the ones that are always in the newspapers from court reports.

They will apply for legal aid on the day in court.

However if you are not at risk of a custodial sentence you might not be granted legal aid.

Its up to the Judge really and whether the Gardai do not put forward a a strong argument objecting to your legal aid.

dermot_sheehan

You face a possibility of six months for no insurance and six months for the drink driving, plus if your disqualification from your previous conviction was still in force you face custody for driving while disqualified.

Given the seriousness of this you need to speak to a solicitor. The likelihood to a certain degree depends on the judge in the district you will be prosecuted in.