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Charged with "in charge of a vehicle / drugs"

  • 22-01-2013 5:50pm
    #1
    Cromwelly
    Registered Users, Registered Users 2 Posts: 74 ✭✭


    My (young adult) daughter has received a summons for:
    Being in charge of a mechanically propelled vehicle which is in a public place with intent to drive or attempt to drive the vehicle, but not driving or attempting to drive the vehicle.

    She was sitting in the driving seat of her parked car, on a public road, smoking a joint. Bike cop drove past, came back and read her the riot act.
    She was taken to a station and gave a urine test.
    Her story, she knew she couldn't smoke in her friends house so they sat in the car. Says she had no intention of driving.

    To complicate matters, she also received a ten day producer for insurance and license, she later only produced license, but has been charged with failing to hold both and failing to produce both, so five summons in total.

    Questions:
    1. What is the legal test for drugs in urine, are there limits like with alcohol?
    2. How can she prove she had no intent to drive?
    3. I've tried to read the acts but can't see the possible sentences, beyond a €20 fine??? and possible imprisonment.
    4. She's not claiming unemployment benefits but only has casual income (working in shops part time), does she qualify for legal aid?

    Of course, we'll try and find a solicitor, just curious at what she's facing.


Comments

  • #2
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Cromwelly wrote: »
    My (young adult) daughter has received a summons for:
    Being in charge of a mechanically propelled vehicle which is in a public place with intent to drive or attempt to drive the vehicle, but not driving or attempting to drive the vehicle.

    She was sitting in the driving seat of her parked car, on a public road, smoking a joint. Bike cop drove past, came back and read her the riot act.
    She was taken to a station and gave a urine test.
    Her story, she knew she couldn't smoke in her friends house so they sat in the car. Says she had no intention of driving.

    To complicate matters, she also received a ten day producer for insurance and license, she later only produced license, but has been charged with failing to hold both and failing to produce both, so five summons in total.

    Questions:
    1. What is the legal test for drugs in urine, are there limits like with alcohol?
    2. How can she prove she had no intent to drive?
    3. I've tried to read the acts but can't see the possible sentences, beyond a €20 fine??? and possible imprisonment.
    4. She's not claiming unemployment benefits but only has casual income (working in shops part time), does she qualify for legal aid?

    Of course, we'll try and find a solicitor, just curious at what she's facing.

    What is the legal test for drugs in urine, are there limits like with alcohol?

    There are no limits its just does the sample prove positive for canabis.


    How can she prove she had no intent to drive?

    Go to a solicitor, there is plenty of case law on this issue.


    I've tried to read the acts but can't see the possible sentences, beyond a €20 fine??? and possible imprisonment.


    It's €5,000.00 or what's now called a class A fine maximum, max 6 months in prison and a minimum of a 4 year ban (the judge has no discretion on the ban its 4 years simple)

    She's not claiming unemployment benefits but only has casual income (working in shops part time), does she qualify for legal aid?

    Doubtful but if there was a case a few years ago that says she maybe, but local solicitor will answer that depending on all the facts.

    BTW this may be the more important part of the legislation in her case "he or she is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle."


  • #3
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    It would be important to have a suitable solicitor.


  • #4
    ThreeLineWhip
    Closed Accounts Posts: 473 ✭✭ThreeLineWhip


    Legal aid won't be granted unless there is a real risk of a prison sentence.


  • #5
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Cromwelly wrote: »
    Of course, we'll try and find a solicitor, just curious at what she's facing.

    I'm not trying to be smart and I'm sure it was just an off the cuff remark, but she needs to get a solicitor, and preferably one with a 'knack' for these types of cases. I'd go as far as to go into debt to afford one. Due to the, inexcusable, lack of spent convictions legislation these things stay with people, not to mention issues surrounding visiting/moving to other countries.


  • #6
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    Did your daughter have any insurance at all, OP? You only mentioned producing the licence.

    I would definitely ask around for a good solicitor. As Procrastastudy says, if your daughter was thinking of emigrating or visiting the US, Oz, NZ or Canada, a conviction would be a show-stopper.


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  • #7
    Cromwelly
    Registered Users, Registered Users 2 Posts: 74 ✭✭Cromwelly


    Thanks for all the replies, a problem shared etc.

    Yes, she had insurance at the time, disc in the car windscreen but the Guard wanted to see the cert, hence the producer.
    She's on a provisional, she should probably have a qualified driver next to her but didn't, even though she was parked.

    Re. a suitable solicitor, do I just Google solicitors advertising motoring offences as a speciality?

    The emigration thing hadn't occured to me... sh1te!


  • #8
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Cromwelly wrote: »
    Thanks for all the replies, a problem shared etc.

    Yes, she had insurance at the time, disc in the car windscreen but the Guard wanted to see the cert, hence the producer.
    She's on a provisional, she should probably have a qualified driver next to her but didn't, even though she was parked.

    Re. a suitable solicitor, do I just Google solicitors advertising motoring offences as a speciality?

    The emigration thing hadn't occured to me... sh1te!

    Not meaning to be preachy at all, but just speaking from experience (while giving her support etc.) leave her search for her own solicitor, leave her pick him or her, leave her pay and most importantly leave her go to the meetings all by herself.

    In picking a solicitor, yes google, also have her visit the local DC on a road traffic day see who is good on their feet, also ask friends and family.

    There are defences from what little that has been said, depending on District expect conviction in the DC, and be prepared for appeal. An appeal may aagin depending require a barrister.


    If I was a betting man I would bet a few quid on conviction in DC with a rollover on acquittal in the Circuit.


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