Drink driving

msg11

A friend was caught drink driving the other night. He got a urine sample taken so it has not come back. He agrees it will come back as over the limit.

He was asking me when he is likly to appear in court, I said it could be a week to 5 months.

So he would like to know; when he can expect a court case and how long his ban will be. Considering he is on a learner permit I can't see this ending to well.

Anything he could do to make the ban less, I know he is gob****e for drink driving in the first place. But he seem genuinely remorseful about what he has done so I told him I would try and find out.

d3exile

msg11 wrote: »

A friend was caught drink driving the other night. He got a urine sample taken so it has not come back. He agrees it will come back as over the limit.

He was asking me when he is likly to appear in court, I said it could be a week to 5 months.

So he would like to know; when he can expect a court case and how long his ban will be. Considering he is on a learner permit I can't see this ending to well.

Anything he could do to make the ban less, I know he is gob****e for drink driving in the first place. But he seem genuinely remorseful about what he has done so I told him I would try and find out.

best thing he can do is throw himself at the mercy of the judge imo, not really the cool thing to do but i've seen alot of judges respond to it well, his previous would more than likely to play a big part, including his demeanour in court and the Guard's evidence of how he was when being processed etc...

he's not coming from a good standing if he was unaccompanied on a permit, and drink driving although being probably the most contested legislation in the country, is a big no-no for judges (and rightly so)

his best bet IMO is to leave it to the judge, they're paid the big bucks to decide what penalty if any is fair (apparently)...

that's IF he's gonna go the decent route and throw his hands up...


depending where the offence was and what court he's going to it's likely to be 5/6 months...
ban's vary by judge, first offence maybe up to a year

d3exile

d3exile wrote: »

ban's vary by judge, first offence maybe up to a year

Ban's go by the reading and if it is a first or second offence. judge can go up from the minimum for a reading.

Delancey

Is the penalty not more severe when the offence is while on a Learners permit ?

MagicSean

Delancey wrote: »

Is the penalty not more severe when the offence is while on a Learners permit ?

Not yet

msg11

Seanbeag1 wrote: »

Not yet

Sure even if it is not. I told him that the judge won't take to likly to the fact he is on a learner permit. Not that drink driving is acceptable with an licence TBH.

He told me that, he co operated with Garda fully and didn't act the mick. I also told him it might be a good idea to go down to the station and maybe meet up with the arresting officer and show some sorrow as it would help him in court.

I did inform him that drink driving is not taken lightly by the courts and to expect a ban and a fine.

Anyone know when he could expect a summons ?

Can't belive in this day and age, people will still drink and drive.

Low Energy Eng

msg11 wrote: »

Sure even if it is not. I told him that the judge won't take to likly to the fact he is on a learner permit. Not that drink driving is acceptable with an licence TBH.

He told me that, he co operated with Garda fully and didn't act the mick. I also told him it might be a good idea to go down to the station and maybe meet up with the arresting officer and show some sorrow as it would help him in court.

I did inform him that drink driving is not taken lightly by the courts and to expect a ban and a fine.

Anyone know when he could expect a summons ?

Can't belive in this day and age, people will still drink and drive.

as mentioned, depending on the amount of alcohol in his system will depend on the length of his ban

Can take up to over a year-18months to process

Wouldnt bother going to the station...make no difference, at the end of the day your just another drink driver on front of the judge

Main thing though is tell him to try not to worry about it, not sure what his circumstances were, but these things happen

TylerIE

Low Energy Eng wrote: »

Wouldnt bother going to the station...make no difference, at the end of the day your just another drink driver on front of the judge

Main thing though is tell him to try not to worry about it, not sure what his circumstances were, but these things happen

Maybe going down to the guard makes him not just another drink driver - ie the guard will remember him and if he is genuinely remorseful and polite etc then if the guard is questioned his answers can reflect that - and instead of the Judge viewing it as some eejit drink driving before he even gets a full licence (higher fine + longer disqualification, he may view it as a young fella who made a mistake (minimum sentence).

msg11

lst wrote: »

Maybe going down to the guard makes him not just another drink driver - ie the guard will remember him and if he is genuinely remorseful and polite etc then if the guard is questioned his answers can reflect that - and instead of the Judge viewing it as some eejit drink driving before he even gets a full licence (higher fine + longer disqualification, he may view it as a young fella who made a mistake (minimum sentence).

That's what I was thinking. It's up too himself, I can't see it doing any harm. If he went down and said it was a bad call, sorry or something along them lines. In fairness, it's better he got caught now and learns his lesson. Cause if he had to kept it up it would have became longer distances and more risks. Then maybe a different outcome someone getting killed.

I have told him the judge is not going to take to lightly to the fact that you have your licence a few months its a learner permit.

999nobody

lst wrote: »

Maybe going down to the guard makes him not just another drink driver - ie the guard will remember him and if he is genuinely remorseful and polite etc then if the guard is questioned his answers can reflect that - and instead of the Judge viewing it as some eejit drink driving before he even gets a full licence (higher fine + longer disqualification, he may view it as a young fella who made a mistake (minimum sentence).

But it is some eejit drink driving before he has even bothered to pass a driving test, why should he deserve leniency?

TylerIE

999nobody wrote: »

But it is some eejit drink driving before he has even bothered to pass a driving test, why should he deserve leniency?

I agree

I am suggesting that instead of throwing the MAXimum penalty the minimum mandatory, or it plus a bit, may instead be applied.

I know a few repeat Drink Driving offenders from the past so do feel the need for strong penalties.

However seeing as there is the current mandatory minimum penalties (and the subsequent insurance issues after your disqualification expires) I think that if the Garda and Judge deems that the defendant is remorseful and unlikely to reoffend then the minimum penalty is strong enough.

Rodin

lst wrote: »

I agree

I am suggesting that instead of throwing the MAXimum penalty the minimum mandatory, or it plus a bit, may instead be applied.

I know a few repeat Drink Driving offenders from the past so do feel the need for strong penalties.

However seeing as there is the current mandatory minimum penalties (and the subsequent insurance issues after your disqualification expires) I think that if the Garda and Judge deems that the defendant is remorseful and unlikely to reoffend then the minimum penalty is strong enough.

I disagree.
Drink driving, on a learner permit, alone.
Shouldn't even be driving alone in a sober state! Is it any wonder young men cause accidents!?

TylerIE

Rodin wrote: »

I disagree.
Drink driving, on a learner permit, alone.
Shouldn't even be driving alone in a sober state! Is it any wonder young men cause accidents!?

I dont know if the statistics will show drink being a huge factor in collisions involving young males.

Either way I replied as its possible for someone to make a ridiculously stupid mistake, and if thats the case Id hope that the guy wouldnt have his life ruined with a long term ban, massive fine, and its associated consequences.

As important as it is to deter others from offending, the mandatory sentences would be sufficient to teach most decent people a lesson.

In reality, as we all know, its the Guard who will decide if and how to comment and the Judge sentences!

Rodin

lst wrote: »

I dont know if the statistics will show drink being a huge factor in collisions involving young males.

Either way I replied as its possible for someone to make a ridiculously stupid mistake, and if thats the case Id hope that the guy wouldnt have his life ruined with a long term ban, massive fine, and its associated consequences.

As important as it is to deter others from offending, the mandatory sentences would be sufficient to teach most decent people a lesson.

In reality, as we all know, its the Guard who will decide if and how to comment and the Judge sentences!

A good stiff sentence will make sure the chances of someone else having his 'life ruined' by this person's stupidity, will be significantly lessened. This country is too soft.
Would be interested to know how old the lad is

TylerIE

Rodin wrote: »

A good stiff sentence will make sure the chances of someone else having his 'life ruined' by this person's stupidity, will be significantly lessened. This country is too soft.
Would be interested to know how old the lad is

What sentence would you propose?

msg11

Rodin wrote: »

I disagree.
Drink driving, on a learner permit, alone.
Shouldn't even be driving alone in a sober state! Is it any wonder young men cause accidents!?

I disagree with your statement at the end. This is a thing with young women as-well .

I do agree with drinking driving on a learner permit is taking the piss, and shows an attitude of disrespect for the licensing system and it's laws.

Young males get a hard time because the ratio of males to females is alot higher. There for more males will crash.

In my circle of friends 75-80% of drivers are male. While the 20% of girls drive or have opted out of driving/don't drive.

In saying that, every drivers respect for the road and the machine is different from driver to driver.

I consider myself to have massive respect for the road and the machine I am in. While I know someone, who is older than me (20-25+ in the difference) with no respect for either). Take for example Prime time investigates taxi drivers , lots of dangerous practices taking place? Yet I didn't see any young drivers / boy racers driving these taxis.

Again it varys from driver to driver , so saying it's just down to males is non sense, it's women at it also. And again statistics will say young males are more likly to do this or that, but I wouldn't trust them. Everyone has there moments on the road.

The_Snapper

lst wrote: »

What sentence would you propose?

I would propose a short jail sentence if he is over the limit. Drink Driving on a learner permit is beyond taking the piss and a complete disregard for other road users and the law.