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drink driving sentence

  • 10-03-2011 10:41am
    #1
    motorbrain
    Registered Users, Registered Users 2 Posts: 3 ✭


    In drink driving cases what is the difference between a sentence of 2 years and a sentence of 2 years plus 1 day?


Comments

  • #2
    Zambia
    Closed Accounts Posts: 7,333 ✭✭✭Zambia


    A day?


  • #3
    johnfás
    Registered Users, Registered Users 2 Posts: 1,343 ✭✭✭johnfás


    Quite alot actually. If your licence is revoked for 2 years and 1 day it can be reviewed because it is a revocation of a period in excess of 2 years. In most instances people who have their licence revoked for 2 years and 1 day will be off the road for only one year following a review. Conversely, where a licence is revoked for 2 years the revocation will not be reviewed and therefore it is de facto a sentence of twice the duration of 2 years and 1 day.


  • #4
    motorbrain
    Registered Users, Registered Users 2 Posts: 3 ✭motorbrain


    Is there no appeal process?


  • #5
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    motorbrain wrote: »
    Is there no appeal process?

    Appeal for what?


  • #6
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    johnfás wrote: »
    Quite alot actually. If your licence is revoked for 2 years and 1 day it can be reviewed because it is a revocation of a period in excess of 2 years. In most instances people who have their licence revoked for 2 years and 1 day will be off the road for only one year following a review. Conversely, where a licence is revoked for 2 years the revocation will not be reviewed and therefore it is de facto a sentence of twice the duration of 2 years and 1 day.

    Basically if you get the 2 year and 1 day (or any period in excess of 2 years) you can apply to have your license restored having completed two thirds of the disqualification period.

    If you get 2 years, or any lesser period, you have to complete the whole of the disqualification period.

    So it means potentially getting back on the road after 16 months or thereabouts versus 24 months, where you receive a ban of 2 years and 1 day.


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  • #7
    grumpytrousers
    Registered Users, Registered Users 2 Posts: 1,884 ✭✭✭grumpytrousers


    aye - i heard a judge say

    "I'm sentencing you to two years off the road, but in recognition of your guilty plea, I'm increasing that to two years and a week"

    client looked at his solicitor saying WTF...but obviously this actually WAS a good thing - client didn't realise it!


  • #8
    detective
    Registered Users, Registered Users 2 Posts: 444 ✭✭detective


    Yeah a lot of Judges say 2 years plus a week rather than 2 years plus a day because its easy to calculate 66% of 105 weeks = 70 weeks.


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