DRINK DRIVING

rum and coke

I was sitting in the drivers seat with engine running last night trying to get warm.I was waiting for the barman to lock up and he was giving me a lift home.
I was stopped and breathalysed which I failed.I'd 4 pints of guinness.


I was arrested and charged with drunk in charge of a vehicle.When I arrived at the station the impression I got the impression that nobody there was trained to use the intoxiliser,so they called to the doctor to provide urine.

While waiting for the doc,I was chatting to the guard and he seemed to think I'd be ok,that at worst I'd get 3 points and a fine.

I was fully co-operative and I've never been in any kind of trouble before.
I'm 6 ft 3in and 16 stone.(in case that makes a difference)

My question is why was the guards so sure i wouldn't loose my license.Does he have the power to decide my fate,or was he just trying to relax me.

Anyway the doc arrived I done the biz and the guard dropped me home,and again repeated I should be ok.

If I got this fine and 3 points,I certainly would have learned a lesson.

Your thoughts on this would be greatly appreciated.

The Dagda

rum and coke wrote: »

I was sitting in the drivers seat with engine running last night trying to get warm.I was waiting for the barman to lock up and he was giving me a lift home.
I was stopped and breathalysed which I failed.I'd 4 pints of guinness.


I was arrested and charged with drunk in charge of a vehicle.When I arrived at the station the impression I got the impression that nobody there was trained to use the intoxiliser,so they called to the doctor to provide urine.

While waiting for the doc,I was chatting to the guard and he seemed to think I'd be ok,that at worst I'd get 3 points and a fine.

I was fully co-operative and I've never been in any kind of trouble before.
I'm 6 ft 3in and 16 stone.(in case that makes a difference)

My question is why was the guards so sure i wouldn't loose my license.Does he have the power to decide my fate,or was he just trying to relax me.

Anyway the doc arrived I done the biz and the guard dropped me home,and again repeated I should be ok.

If I got this fine and 3 points,I certainly would have learned a lesson.

Your thoughts on this would be greatly appreciated.

As long as the doctor wasn't drinking I think you'll be fine...

Seachmall

He was just trying to relax you. I'd be surprised if you didn't get 5 to 10, and I'm a lawyer.

godtabh

Depending on how much over the limit you were you may get away with a fine and a few pints

Mocha Joe

rum and coke wrote: »

I was sitting in the drivers seat with engine running last night trying to get warm.I was waiting for the barman to lock up and he was giving me a lift home.
I was stopped and breathalysed which I failed.I'd 4 pints of guinness.

Stopped in a non-moving vehicle?

wretcheddomain

No less than a 10 year driving ban.

willmunny1990

Jesus man, if you had just drove home yourself none of this would've happened. You probably wouldn't have been that drunk on 4 pints anyway considering your height and weight.

martinedwards

if the vehicle was parked, and it WAS the barman's vehicle, and it was still outside the Pub then you have a chance.

if it was YOUR vehicle, (they can check y'know) you are screwed.

Duvetdays

If you weren't planning on driving why didnt you sit in the passengers seat with the engine running to keep warm?

spoofilyj

You can be over the limit after one pint, regardless of weather you feel the effects of it or not.

I dont know much about the process but I thought that if you were over the limit it was an automatic ban for one year, six point and a fine but I'm open to correction.

Be prepared for lots of abuse about drinking and driving especially in AH.

I do think it was very irresponsible of you to get behind the wheel after drink.

Imagine if you had hit and killed another road user the guilt you would have to live with for the rest of your life. Its simply not worth it in my opinion.

I just hope this is lesson learned and you will not do it again.
Its surprising that this still happens imo.

NinjaTruncs

Perhaps you should change your username to just coke

spoofilyj

spoofilyj wrote: »

Imagine if you had hit and killed another road user the guilt you would have to live with for the rest of your life. Its simply not worth it in my opinion.

How the fcuk was he going to hit another road user by sitting in a stopped car with the heat on til he got a lift home?

Clandestine

rum and coke wrote: »

I certainly would have learned a lesson.

Really? You'd need to be punished to get "drink driving is bad" into your head?

rum and coke

I just used the word stopped,I wasn't actually moving.

I was in the drivers side,don't ask me why!!

The guard said he had observed me for 6 or 7 minutes in the car,and knew I wasn't going to drive

Yakult

You need one of those drink driving permits, the Healy-rae's will sort you out!

**Vai**

Mayoman911 wrote: »

Really? You'd need to be punished to get "drink driving is bad" into your head?

Seems he was drink sitting more than drink driving.

granturismo

bluewolf wrote: »

How the fcuk was he going to hit another road user by sitting in the car with the heat on til he got a lift home?

He was in charge of a vehikle.

Seachmall

rum and coke wrote: »

I just used the word stopped,I wasn't actually moving.

I was in the drivers side,don't ask me why!!

The guard said he had observed me for 6 or 7 minutes in the car,and knew I wasn't going to drive

Tell it to the judge!

granturismo

granturismo wrote: »

He was in charge of a vehikle.

I'm not disputing his charge, I'm disputing someone coming into the thread accusing him of possibly hitting someone with a stopped car and no intentions of driving

Kylo Ren

*Looks at Op's username*

CASE CLOSED

Seachmall

bluewolf wrote: »

I'm not disputing his charge, I'm disputing someone coming into the thread accusing him of possibly hitting someone with a stopped car and no intentions of driving

If someone tripped and hit the car he'd have been in a collision whilst drunk at the wheel.

Serious charge. Throw away the keys! Drop the soap! And so on!

spoofilyj

bluewolf wrote: »

I'm not disputing his charge, I'm disputing someone coming into the thread accusing him of possibly hitting someone with a stopped car and no intentions of driving

Fair point, I did'nt read the OP correctly. He was in the driver side seat in a stopped car.:o

humbert

rum and coke wrote: »

I just used the word stopped,I wasn't actually moving.

I was in the drivers side,don't ask me why!!

The guard said he had observed me for 6 or 7 minutes in the car,and knew I wasn't going to drive

Why would he breathalyse you if he knew you weren't going to drive. That situation is illegal so that the law is unequivocal but to come over breathalyse you and then state that he knew you weren't going to drive makes no sense.

dickwod1

With the garda saying ahh youll be grand dont worry I can only think that maybe he wont show up in court, But then again why would he arrest you in the first place if that was the case.

At the end of the day you were drink driving and AFAIK in the courts theres no good drink driver barely over the limit/bad drink driver way over the limit.

So expect a ban and a few pints, sorry points!

mickdw

dickwod1 wrote: »

At the end of the day you were drink driving and AFAIK in the courts theres no good drink driver barely over the limit/bad drink driver way over the limit.

So expect a ban and a few pints, sorry points!

Yes there is a distinction between levels of alcohol consumed. For the lower level now, its just points, no ban. 4 pints of guinness though would put a normal person into ban territory though depending on how long ago they were drank etc.

Chuck Stone

Detective Chuck smells a rat.

rum and coke wrote: »

I was sitting in the drivers seat with engine running last night trying to get warm.I was waiting for the barman to lock up and he was giving me a lift home.

Okey dokey.. but wait...

I was stopped and breathalysed which I failed.I'd 4 pints of guinness.

Stopped?

Busted. I'm telling the mods on you.

Funk It

You should have told them that you were just waiting for a mate

https://fbcdn-sphotos-g-a.akamaihd.net/hphotos-ak-prn1/560155_418513841570694_1762859176_n.jpg

I Luv Crysis

It's people like the OP who have run this country into economic collapse.

recyclebin

Was the car in a public place? If it was on private land you might get away with it.

Degag

I Luv Crysis wrote: »

It's people like the OP who have run this country into economic collapse.

What??

dickwod1

I Luv Crysis wrote: »

It's people like the OP who have run this country into economic collapse.

Degag wrote: »

What??

Simples, the op was drunk behind the wheel getting warm, Bankers and Politicians wrecked our economy... Oh no wait that doesn't make sense WTF is he on about???????????

Johro

NinjaTruncs wrote: »

Perhaps you should change your username to just coke

And never tell a guard 'it was only a bit of craic'.

rubadub

Duvetdays wrote: »

If you weren't planning on driving why didnt you sit in the passengers seat with the engine running to keep warm?

I wouldn't risk that, I reckon a garda could do you for it if he was a complete & utter cunt, and from the later posts it sounds like this one was.

Mayoman911 wrote: »

Really? You'd need to be punished to get "drink driving is bad" into your head?

I think the lesson he learnt is to bring a coat & hat next time.

rum and coke wrote: »

The guard said he had observed me for 6 or 7 minutes in the car,and knew I wasn't going to drive

http://www.irishstatutebook.ie/1994/en/act/pub/0007/print.html#sec11

50.—(1) (a) A person shall be guilty of an offence if, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), he is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle.

So sounds like the garda was in the wrong if he knew you had no intent to drive. If it does go to court I hope the judge destroys him, stupid prick, another useless cunt on the force with no cop-on as to what these laws are actually supposed to prevent, a 7 year old has more sense.

TheUsual

Lucky man, no criminal record.


I would have told them that my father worked for KPMG and that he was a senior partner.

TheUsual

On YouTube already ?

https://www.youtube.com/watch?v=_KlGye9cA-s

Pumpkinseeds

Well if I were a guard or a judge for that matter, I certainly wouldn't believe the OP's story. Regardless of whether or not its true it does sound like an out and out lie to be fair. Getting caught behind the wheel of your own car, with the engine running,whilst being over the limit and waiting for the barman to drive you home does sound a little farcical. I'm sure no guard or judge has heard that one before:D

Big Bottom

You should'nt have been behind the wheel drunk, end of story.

SV

Big Bottom wrote: »

You should'nt have been behind the wheel drunk, end of story.

You can get done for this even in the keys are in your possession and you're sleeping in the car.

To be fair it's not as black and white as it's being made out and if the OP is genuine I hope there's no punishment.

wicklowstevo

if you really only had four pints then and you plea guilty then you will get a few points and a fine , which is why that law was put in place, in order to not screw people who make silly mistakes , also i dont beleive for a second that you werent going to drive

SB2013

rubadub wrote: »

I wouldn't risk that, I reckon a garda could do you for it if he was a complete & utter cunt, and from the later posts it sounds like this one was.

I think the lesson he learnt is to bring a coat & hat next time.



http://www.irishstatutebook.ie/1994/en/act/pub/0007/print.html#sec11


So sounds like the garda was in the wrong if he knew you had no intent to drive. If it does go to court I hope the judge destroys him, stupid prick, another useless cunt on the force with no cop-on as to what these laws are actually supposed to prevent, a 7 year old has more sense.

He's probably working of the existing law and not the old one. In any case, he'd have a mighty red face if the op had drove off after he left and plowed into someone.

donegal_road

OP, Im sure you will be ok, no reasonable garda would follow through on that.

There was a case up here a few months ago where a guy drove through a checkpoint, as he knew he was over the limit. A chase ensued and after a mile or two, the garda car came on the car parked at the side of the road, and no sign of the driver.
So the gardaí rang back to the station with the reg of the car, and the garda at the station looked up the reg and said that he knew the driver, and that he had his number on his mobile, and "sure I'll give him a call now."

Suddenly the Nokia ringtone sounded from some bushes and trees near where the car was abandoned!

Dwork

spoofilyj wrote: »

You can be over the limit after one pint, regardless of weather you feel the effects of it or not.

I dont know much about the process but I thought that if you were over the limit it was an automatic ban for one year, six point and a fine but I'm open to correction.

Be prepared for lots of abuse about drinking and driving especially in AH.

I do think it was very irresponsible of you to get behind the wheel after drink.

Imagine if you had hit and killed another road user the guilt you would have to live with for the rest of your life. Its simply not worth it in my opinion.

I just hope this is lesson learned and you will not do it again.
Its surprising that this still happens imo.

While parked up? Hit them with what? The door while getting out?

Vicar in a tutu

Shoulda told him you were just waiting for a mate

kirving

The best thing the OP can do is to get the barman to corroborate his story in court. It would be important to have additional evidence such as the barman not driving himself that night, or that it was a regular occurance.

skimpydoo

Pumpkinseeds wrote: »

Well if I were a guard or a judge for that matter, I certainly wouldn't believe the OP's story. Regardless of whether or not its true it does sound like an out and out lie to be fair. Getting caught behind the wheel of your own car, with the engine running,whilst being over the limit and waiting for the barman to drive you home does sound a little farcical. I'm sure no guard or judge has heard that one before:D

We don't know if the car was the OP's or the bar man's as he never stated.

Kesha

hm...
stopped without even going to drive...
... so...what did the barman then think that he was driving or google?

rubadub

SB2013 wrote: »

He's probably working of the existing law and not the old one.

So what has changed in the new law? what is the new law? I see a 2010 road traffic act and its the same about this issue.

Plazaman

rubadub wrote: »

I wouldn't risk that, I reckon a garda could do you for it if he was a complete & utter cunt, and from the later posts it sounds like this one was.

I think the lesson he learnt is to bring a coat & hat next time.

http://www.irishstatutebook.ie/1994/en/act/pub/0007/print.html#sec11

So sounds like the garda was in the wrong if he knew you had no intent to drive. If it does go to court I hope the judge destroys him, stupid prick, another useless cunt on the force with no cop-on as to what these laws are actually supposed to prevent, a 7 year old has more sense.

Hard to call that one. OP was in the drivers seat with the engine running! That would definitely be considered "intent to drive" even if car didn't move. I think even if it was his car, he was in the drivers seat with the engine was off but had the keys in his hand, that would also be intent to drive. It's a nice grey area like a lot of laws in our Country.

I was searching for a thread (can't find it) that was on Boards last year afaik about the guy who was sleeping in the back seat of his car and he was going to be taken in by the Guards. However in his case he showed the boys in blue that the car keys were in a bag in the boot so they were happy enough with that. They were talking about intent on that thread too and the different combinations.

Zebra3

rum and coke wrote: »

If I got this fine and 3 points,I certainly would have learned a lesson.

But if you go to jail, you won't have?

rubadub

Plazaman wrote: »

Hard to call that one.

not hard for the garda

rum and coke wrote: »

The guard said he had observed me for 6 or 7 minutes in the car,and knew I wasn't going to drive

StephenHendry

the fact the op was in the drivers seat, which created the problems. the op may not necessarily have been drunk but thats not the issue. the garda saying to you op that you will be 'ok' probably means you'll only be hit with a fine and some points on your licence. i think you were really unlucky anyway and few minutes earlier/later you'd have had a lift home,