Is there a fixed amount of time from arrest to being taken to court for drink driving

dw123

Hello all, basically as above. Is there fixed amount of time from being arrested (not charged) to being taken to court/receiving a summons for drink driving?

If anyone has any information on this could they let me know please. It would be much appreciated.

P.S.. eh, not sure if this is in the right discussion so feel free to move it to somewhere else if needs be admin! Thanks!

Zambia

Yes there is a limit to the amount of time. My guess is a year.

MagicSean

I presume you gave blood/urine. If so, you should have received your results in the post. If you didn't then they probably have the wrong address for you.

ResearchWill

dw123 wrote: »

Hello all, basically as above. Is there fixed amount of time from being arrested (not charged) to being taken to court/receiving a summons for drink driving?

If anyone has any information on this could they let me know please. It would be much appreciated.

P.S.. eh, not sure if this is in the right discussion so feel free to move it to somewhere else if needs be admin! Thanks!

Under the Petty Sessions Act, the Guards have 6 months from the offence to request a summons. Now there is no time limit to then serve that summons. But recent cases seem to say 2 years and 4 months from event to case hearing is too long. But each case would be taken on its merits, it could depend on who was at fault for the delay.

castie

What would happen in the case of a person who had planned to leave the state say for work and left after 6 months without receiving it?

SNAKEDOC

if you plan to leave the country you must inform the garda in charge of your case. when you were arrested you were then released on bail and as a standard of all bail notification of movement outside the state is required. if you do not and leave the state and your case is called a bench warrant will be issued and for an undisclosed amount of money usually in the region of 2 to 5 hundred euro. you will get a knock at your door some early morning and take a nice trip to mountjoy until the money is paid, this is of course contingent on your return to the country. however you could avoid all this if ou simply inform the garda in charge of your case who will inform the judge and probably impose a verdict in your absence and for drink driving not including a custodial sentence will normally be a fine not over 3,000 euro and a ban of a number of years first offence 1 year depending on case facts. my opinion tell the garda you are going and be nice about it so he'll fight your corner in court, there is no two ways about it.

castie

Sorry didnt mean to suggest this had happened.

Just thought that in the current climate with so many leaving the country that it was a possibility.

How can you be released on bail if you havent been charged with a crime though?

davemc180

if you were not charged will will not be summoned..

if your caught drink driving, youll be brought to a station, have to give a sample either threw breath, urine or blood..

your then charged with the offence under the road act, and will be released with charge sheets whilst waiting for your summons to be delivered in the post which could take upto a year,

a tip also, if you do receive a ban on the court date you have 14 days to appeal, even if you wont win the appeal this will postpone your ban till the appeal date in court which could again take up to a year so you can still drive

hope that kinda clears things up for you

castie

dw123 wrote: »

being arrested (not charged)

Thats what im reading from the OP though.

So im a little confused now

davemc180

well if he was done for drink driving he had to have been charged, its mandatory sure...

if he was arrested hel be summoned..

if he hears nothing hel be a very lucky man, espically with the new laws just been enforced

the book will be thrown at everyone whos done

castie

davemc180 wrote: »

well if he was done for drink driving he had to have been charged, its mandatory sure...

if he was arrested hel be summoned..

if he hears nothing hel be a very lucky man, espically with the new laws just been enforced

the book will be thrown at everyone whos done

I have no idea and touch wood i wont be in a situation to find out

Milk & Honey

davemc180 wrote: »

well if he was done for drink driving he had to have been charged, its mandatory sure...

if he was arrested hel be summoned..

if he hears nothing hel be a very lucky man, espically with the new laws just been enforced

the book will be thrown at everyone whos done

This is not correct. A person cannot be charged and summoned, it is one or the other. A person who gives a blood or urine sample cannot be charged until the result of the test is available. They are summoned after the result becomes available.
In this case a person may well leave the country before the summons is issued and served. There is no need to inform anybody because the person is not on bail.

ResearchWill

SNAKEDOC wrote: »

if you plan to leave the country you must inform the garda in charge of your case. when you were arrested you were then released on bail and as a standard of all bail notification of movement outside the state is required. if you do not and leave the state and your case is called a bench warrant will be issued and for an undisclosed amount of money usually in the region of 2 to 5 hundred euro. you will get a knock at your door some early morning and take a nice trip to mountjoy until the money is paid, this is of course contingent on your return to the country. however you could avoid all this if ou simply inform the garda in charge of your case who will inform the judge and probably impose a verdict in your absence and for drink driving not including a custodial sentence will normally be a fine not over 3,000 euro and a ban of a number of years first offence 1 year depending on case facts. my opinion tell the garda you are going and be nice about it so he'll fight your corner in court, there is no two ways about it.

As a later poster said that all depends if he was in fact given station bail. If a person leaves and a summons then issues a bench warrant can not issue as the court can not be shown that the person was served.

If bail is issued then it is not an undisclosed amount of money, bail would be set at a figure own bond say 500 euro, if a bench warrant issues then that money is estreated, that is forfeited to the state. You may also have to remain on remand in custody, unless you can explain the reason for the no show. If the court is satisfied that the person left the country for lawful reasons then new bail conditions would be set and the money would not be estreted. In most cases it is an error and the Guards arrange for the person to show up at the next sitting of the court and arrest the person.

The bans depend on the reading of the sample and are a minimum of 1,2 or 3 years first offence 2,4 or 6 second offence. And on first offence 4 years for failure or refusal and drug driving.

ResearchWill

davemc180 wrote: »

well if he was done for drink driving he had to have been charged, its mandatory sure...

if he was arrested hel be summoned..

if he hears nothing hel be a very lucky man, espically with the new laws just been enforced

the book will be thrown at everyone whos done

Just simply no it's either charge sheet or summons can't be both.

MagicSean

If you are arrested and brought to the station and provide a breath sample then the result will be available straight away and, if over the limit, you will be charged and bailed to court.

If you provide either a blood or urine sample then the sample must be sent for analysis so you will not be charged and will be released pending the result. If over the limit you will then be summonsed to court. If you leave the jurisdiction in this time then the summons can not be served on you and will wait to be reissued when you surface again.

Reloc8

dw123 wrote: »

Hello all, basically as above. Is there fixed amount of time from being arrested (not charged) to being taken to court/receiving a summons for drink driving?

If anyone has any information on this could they let me know please. It would be much appreciated.

P.S.. eh, not sure if this is in the right discussion so feel free to move it to somewhere else if needs be admin! Thanks!

If the prosecution proceed by summons the summons has to be applied for within six months of the date of the alleged offence.

It is not unusual to receive the summons up to 12 months later, although its usually much more prompt for drink driving offences. There is technically no outer limit on when the summons can be served once it has been applied for within six months of the date of the alleged offence.