Tip - Fail beathalyser test, simply have another drink to pass...

Atlantic Dawn

Handy to know...

www.independent.ie/national-news/courts/exhurler-cleared-over-drinkdriving-but-judge-slams-hip-flask-defence-3272735.html

Mr Foley said he gave Mark the whiskey in a cup of coffee because
the GAA star "wasn't looking well" and "sick in his stomach".

Judge O'Kelly said he had to accept that the whiskey had put the
accused over the limit as the State could not dispute the evidence.

Guy:Incognito

Was listening to this earlier on newstalk.

So does this basically mean everyone should carry a small bottle of whiskey in the car and if you crash after a few pints, jump out and stand there haveing a few swigs "to calm the nerves" but obviously you werent drinking before?:rolleyes:

djimi

Seen a bloke try this before; he had a crash outside our gate and when we went out to help he asked for some whiskey "to calm the nerves"...

Surely though they can tell from the blood alcohol level how true this story is?

RobAMerc

believe it or not this was a story line in neighbours 20 years ago - good story alright

Henry Ford III

Uncle Jerry is a retired Garda. Lovely.

Tea 1000

I have a hard time believing that Uncle Gerry got up at 3am just to drive all the way to Limerick hospital from Ennistymon just so he could bring the Whiskey to add to the tea.

renofan

Henry Ford III wrote: »

Uncle Jerry is a retired Garda. Lovely.

Its a fcuking disgrace. The book should have been thrown at the pair of them. They knew exactly what they were up to imo.

Henry Ford III

renofan wrote: »

Its a fcuking disgrace. The book should have been thrown at the pair of them. They knew exactly what they were up to imo.

They couldn't prove it though.

TheNog

renofan wrote: »

Its a fcuking disgrace. The book should have been thrown at the pair of them. They knew exactly what they were up to imo.

It is a disgrace but although he was not convicted of drunk driving he still got 12 months off the road. It would have been the same penalty for the drink drive.

As for the retired, shocking display of morals.

FutureGuy

So basically, assign a friend who can get to you at any hour of the morning in case you injure/kill someone while drink driving. Make sure they can get to you with a nice pick me up in case you aren't looking too well.

Great!!! No convictions for all!!!

NBTD

I thought the limit was 80mg per litre of alcohol??

corktina

I assume this defence would fail if you were still with vehicle when apprehended . The offence is , i think, being in charge of a motor vehicle rather than driving it.

charlemont

Henry Ford III wrote: »

They couldn't prove it though.

Theres a lot of things that can't be proved in front of a judge yet people still get convicted. The judge knew what he was doing he only spoke out against the defendant to cover his own back...Corrupt pathetic system.

Stheno

NBTD wrote: »

I thought the limit was 80mg per litre of alcohol??

It's changed
http://www.citizensinformation.ie/en/travel_and_recreation/motoring_1/driving_offences/drink_driving_offences_in_ireland.html

the_syco

I think this is what helped him get off so easily;

He said he put the man into his Mercedes C 200 car and drove him to hospital.

Had he continued driving, it would've been looked at differently.

juan.kerr

Disappointing

wonski

TheNog wrote: »

It is a disgrace but although he was not convicted of drunk driving he still got 12 months off the road. It would have been the same penalty for the drink drive.

As for the retired, shocking display of morals.

It would have been the same penalty if he failed breath test at checkpoint, but he knocked a pedestrian.
Drink driving itself is a ban.
Knocking someone down while drink-driving is different matter.
But hey, his reading was relatively low, court was told. That makes it ok.

wonski

djimi wrote: »

Seen a bloke try this before; he had a crash outside our gate and when we went out to help he asked for some whiskey "to calm the nerves"...

Surely though they can tell from the blood alcohol level how true this story is?

They should take a blood sample, but uncle Jerry friends at Garda station decided there is no need for that. Blood test would ruin their story.
As always there are two laws - one for them, and one for everyone else(us).

muckwarrior

Merc C200 is a "Sports Car"?

Wossack

muckwarrior wrote: »

Merc C200 is a "Sports Car"?

nothing like a bit of sensationalising

for shame Irish Times, for shame

monkeypants

Doesn't have to be a bottle of whiskey, I think a bottle of mouthwash would be enough to muddy the waters.

wonski

monkeypants wrote: »

Doesn't have to be a bottle of whiskey, I think a bottle of mouthwash would be enough to muddy the waters.

Sure, or apples. Or one of those chocolates...

Our man in Havana

Ah the hip flask defence.

I didn't think it worked anymore. I am surprised that loophole was not closed years ago.

Guy:Incognito

the_syco wrote: »

I think this is what helped him get off so easily;

Had he continued driving, it would've been looked at differently.

I'm sure it was all part of the plan concocted by the uncle. Just driving off will leave hI'm in a lot of bother, as will being caught at the scene with drink on him. Cause a delay by doing good Deed though as well as the poor Lambe needing to calm his nerves and hey presto, reduce or eliminate a couple of charges.

It was all part of a calculated effort at damage limitation. If the uncle had a way of him heading on his merry way and being untraceable that's probably what wood have happened.

ABajaninCork

*Shakes head slowly from side to side*

Only in Ireland, guys. Only in Ireland...