Drink driving ban

Soul91

Hey guys

I got charged in court today for drink driving. It was my first time ever getting in trouble! I know it was stupid and i cant change it! However, during my time in the courthouse the arresting officer was really nice. Because i held a full licence he said i would be losing my licence for a yr! However when my solicitor stood for me he said the sentence was to be 2 years before the judge. The garda came up to me after words and said not to worry about the 2 year ban because i could apply after a yr to get it back and nearly everyone gets it back. When i said this to my solicitor afterwords he said no that the garda was thinking of the old law. Im a little bit confused as to who to listen to so if anyone knows the answer could they please let me know!! Any answers greatly appreciated!

Pro Hoc Vice

The Garda is defo wrong about the restoration of the licence that law was changed in 2006 (must be ban longer than 2 years and restore after 2/3) section 7 Road Traffic Act 2006, and more importantly again in 2010 (2/3 served or minimum of 2 years actual ban served) section 67 Road Traffic Act 2010. It would logically follow if Garda is defo wrong on restoration looking at pre 2006 law then he may also be looking at pre 2006 levels and his ban is out.

BTW you are paying the solicitor a meeting to ask the questions would put your mind at rest.

ElleEm

The solicitor knows more about law than a Garda.
Always listen to the solicitor!

gustafo

your solicitor should of asked for a ban of 2 years and 1 day, with this you could get your licence restored after 2/3 was done, effectively you could of applied to the court after 12 months and get it restored after 16 months,

But now you have got a ban of just 2 years you will not be able to get it restored early and you will have to do the 2 years.

Pro Hoc Vice

gustafo wrote: »

your solicitor should of asked for a ban of 2 years and 1 day, with this you could get your licence restored after 2/3 was done, effectively you could of applied to the court after 12 months and get it restored after 16 months,

But now you have got a ban of just 2 years you will not be able to get it restored early and you will have to do the 2 years.

No see my post above that all changed under the 2010 act a person must now serve at least 2 years. I even gave the section but to be clear

67.— (1) Section 29 (inserted by section 7 of the Act of 2006) of the Principal Act is amended by substituting for subsection (4) the following:

“(4) Where a court considers it to be appropriate the court may—

(a) confirm the period specified in the order of disqualification, or

(b) order the removal of the disqualification from a specified date that is such that the disqualification will have effect for a least two-thirds of the period specified in the order of disqualification, or a period of 2 years, whichever is the greater.”.

(2) Section 19 of the Act of 1968 is repealed.

The above section came into effect in 2011.

Soul91

infosys wrote: »

No see my post above that all changed under the 2010 act a person must now serve at least 2 years. I even gave the section but to be clear

67.— (1) Section 29 (inserted by section 7 of the Act of 2006) of the Principal Act is amended by substituting for subsection (4) the following:

“(4) Where a court considers it to be appropriate the court may—

(a) confirm the period specified in the order of disqualification, or

(b) order the removal of the disqualification from a specified date that is such that the disqualification will have effect for a least two-thirds of the period specified in the order of disqualification, or a period of 2 years, whichever is the greater.”.

(2) Section 19 of the Act of 1968 is repealed.

The above section came into effect in 2011.

Thank you all so much for replying! I tried to f

Soul91

Hi guys!

Thank you all so much for the replies. Ye have helped greatly especially you infosys! I had a gut feeling the solicitor was right but was hoping the Garda would be! I tried to meet my solicitor after but couldn't find him.. He was probably sick of the nervous wreck he was dealing with! suppose I'll have to start thumbing for a while so...

Thanks again

doonan

anyone know when you can apply for early restoration of a 4 year ban?3 years was for drink driving and a year for dangerous..

billy few mates

doonan wrote: »

anyone know when you can apply for early restoration of a 4 year ban?3 years was for drink driving and a year for dangerous..

<<

TKLEMON

Has anyone gotten insurance following a drink driving ban for 2 years lately? if so, what was the price like? procedure for applying again for insurance? etc...

nuac

Mod
TKL
Consult your insurance broker

TKLEMON

Thanks nuac. Just wanted to see if anyone had similar experiences.