Need advise on legal matter

L0dgik

Drunk Driving ban, Two cases that were in and around the same time same year anyway, Now this was in 2010. I got 4 years suspended on the first charge & 4 more on the second charge. Too make it more tricky, I had zero alcohol in my blood all I had was prescribed methadone in my system. No other Illicit drugs only my prescribed methadone was found in my blood analysis. At the time of the two cases I was told by my doctor, my methadone doctor that in no way is it illegal too drive wile on prescribed methadone. I was on a low dose and it was not affecting my driving or me in anyway, In still got 4+4 to put me off the road for the 8 years. That I was shocked at because I had been told by my doctor it was ok to drive and I should win the cases no problem at all, of course that didn't happen. That was the story then but I was in court this morning with a friend. I was out in the lobby and met a guard who I know and is fair, A nice guy. He asked me about my cases and told him I am doing years of over the methadone, he said too me was it one case and you got the hole 8. He told me they cant do that, both would have to run concurrently?? Is that true because if it is I have done 3 years and could appeal it.. I hope someone can help im at a loss on what to do. Kindest regards, S.

L0dgik

Just to make a edit since I cant do it through here. It was two cases I got 4 years off of the road for one charge and then on another date after that I got another 4 years making it 8 years suspended from driving for something I feel was ok to drive on....with medical practitioners that agree with me 100%

Now the Gard that I know told me that if it was two separate charges and I got 4 years one time and 4 years the next time shortly after the 1st that they have too be run concurrently.

Is this the case?

Because if it is, I have served 3 years off the road now and can appeal it and get my license back, that would be such a wonder for me to have back.

Any advice please give it or point me in the direction of were I can get the answer I need.

Thanks.

Zambia

You need to talk to a solicitor.

Pro Hoc Vice

Did you get legal advice at the time.

To clarify things for a few people out there, the offence is not drink driving or drug driving its driving while intoxicated to such an extent as to be incapable of having proper control of an MPV. That intoxicant can be drink, or drugs both legal and illegal prescribed or not, it can include cough medication, strong pain killers, hash or coke.

There are two types of offence the one most people know about are sample offences where a certain amount of drink is detected, there is no need for AGS to show impaired driving in such cases.

The second type is just evidence of an intoxicant and there must also be evidence of impaired driving, that can be done by say evidence of a crash or Garda evidence of erratic driving. But there must be evidence on not having proper control of a MPV.

In relation to an application after 3 years to remove suspension that is not an appeal, the boat is well gone for any appeal, that is a restoration application, in the circumstances of the OP it would be strongly advised to get legal advice on that issue.

Just to be clear your doctor is not the best person to get legal advice from, and if his advice was you could drive did he give that evidence. I find in life that if I have a plumbing issue I ask a plumber, medical issue I ask a doctor and legal issue I ask a lawyer. I have found doctors don't have the experience in intoxicated driving law that a good solicitor or barrister would have.

hullaballoo

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