Drinking and driving...

civilengi · 24-01-2013 2:43am #1

Hi all,

I wanted to ask what are the consequences of avoiding court? For example if someone was supposed to be present in court due to drinking and driving but he did not come (does not intend to come). And what if he's a citizen of a different country. Suppose there is motor tax missing. Will it ever outdate?
Just wondering if my "friend" from work will ever come back to us

TheNog · 24-01-2013 2:45am

civilengi wrote: »

Hi all,

I wanted to ask what are the consequences of avoiding court? For example if someone was supposed to be present in court due to drinking and driving but he did not come (does not intend to come). And what if he's a citizen of a different country. Suppose there is motor tax missing. Will it ever outdate?
Just wondering if my "friend" from work will ever come back to us

For the drink driving a bench warrant would be issued that is live for 99 years

Pat Mustard · 24-01-2013 2:55am

TheNog wrote: »

live for 99 years

Eh? Are you taking the mick?

TheNog · 24-01-2013 2:58am

The Mustard wrote: »

Eh? Are you taking the mick?

Nope. Bench warrants usually last for 99 years

civilengi · 24-01-2013 3:43am

haha, thats quite a long time! Hiring a solicitor would make any good in this case?
Is the bench warrant in force only when you are caught driving again?

Zambia · 24-01-2013 11:08am

civilengi wrote: »

haha, thats quite a long time! Hiring a solicitor would make any good in this case?
Is the bench warrant in force only when you are caught driving again?period

FYP

Don't worry mate a warrant is painless until its executed.

chops018 · 24-01-2013 12:34pm

Move to Kerry.

Pat Mustard · 24-01-2013 1:56pm

TheNog wrote: »

Nope. Bench warrants usually last for 99 years

That's not correct.

The law on bench warrants is contained in the Petty Sessions (Ireland) Act 1851 (as amended), the Courts (No. 3) Act 1986 (as amended) and the relevant court rules, being the District Court Rules in relation to a charge relating to motor tax, at first instance.

There is no mention of a specific time limit for the validity of the bench warrant, let alone a period of 99 years.

However, a bench warrant must be served within a reasonable period of time, which depends on all of the relevant circumstances, as discussed from p.233 onwards in this article by the Law Reform Commission.

If the bench warrant is not served within a reasonable length of time, the defendant may plead delay and possibly apply for an order prohibiting the State from proceeding with the charge(s).

MagicSean · 24-01-2013 3:41pm

The Mustard wrote: »

That's not correct.

The law on bench warrants is contained in the Petty Sessions (Ireland) Act 1851 (as amended), the Courts (No. 3) Act 1986 (as amended) and the relevant court rules, being the District Court Rules in relation to a charge relating to motor tax, at first instance.

There is no mention of a specific time limit for the validity of the bench warrant, let alone a period of 99 years.

However, a bench warrant must be served within a reasonable period of time, which depends on all of the relevant circumstances, as discussed from p.233 onwards in this article by the Law Reform Commission.

If the bench warrant is not served within a reasonable length of time, the defendant may plead delay and possibly apply for an order prohibiting the State from proceeding with the charge(s).

However if the defendant is actively evading execution of the warrant it would be unlikely they will be successful in such a plea.

EDIT: The state would obviously have to provide evidence of attempts to execute such a warrant, such as if the defendant was stupid enough to admit to evading execution of the warrant on a public internet forum. I think the state would be pretty covered.

Pat Mustard · 24-01-2013 7:38pm

MagicSean wrote: »

However if the defendant is actively evading execution of the warrant it would be unlikely they will be successful in such a plea.

EDIT: The state would obviously have to provide evidence of attempts to execute such a warrant, such as if the defendant was stupid enough to admit to evading execution of the warrant on a public internet forum. I think the state would be pretty covered.

I agree.

It actually mentions the evasion issue in the LRC article.

civilengi · 24-01-2013 8:23pm

Thanks for the info everyone! Looks like I wont be seeing my friend for some time:P Although he got away with it pretty easy. Good for him I guess...

irishgrover · 24-01-2013 8:26pm

civilengi wrote: »

Thanks for the info everyone! Looks like I wont be seeing my friend for some time:P Although he got away with it pretty easy. Good for him I guess...

Your friend sounds like a bit of a muppet the way you've described him!