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Being put off the road for drink-driving

  • 23-03-2015 11:42pm
    #1
    araic88
    Registered Users, Registered Users 2 Posts: 313 ✭✭


    Maybe a strange question but if someone is caught drink driving and has possibly caused a car crash is it safe to assume they would be put off the road, and would this happen immediately or could they drive until waiting for a court case?
    Im having some trouble with an untruthful relative. I suspect they were caught by the guards (rightly so, to be honest I hope they were) and also had done damage to their car. They're still driving though 6 weeks or so later.


Comments

  • #2
    goz83
    Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    The Gardai don't have powers to put someone off the road, at least not how you mean it. The judge decides if someone loses their license via a ban. This is done in court and it can take months to get to court.


  • #3
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    The first thing to know is the alcohol/breath reading.

    Assuming that the motorist in question is an experienced driver, if the reading is from 22 to 35microgrammes of alcohol per 100mls of breath, the penalty is a €200 and 3 penalty points.

    If the reading is over that, there will be a mandatory court appearance, and a disqualification and a fine, if guilty.

    If it's six weeks since the incident, there is a strong possibility that the matter has not been heard in court yet. Even if a judge disqualified the motorist from driving, if a postponement of the order was granted (on application) the order would not take effect until after the period of postponement had expired.

    Also, there is a possibility that the person could be acquitted or the case struck out/dismissed for whatever reason.


  • #4
    skallywag
    Registered Users, Registered Users 2 Posts: 3,022 ✭✭✭skallywag


    goz83 wrote: »
    The Gardai don't have powers to put someone off the road, at least not how you mean it.

    That's an interesting point. In some countries (e.g. Germany, Austria ...) the police will immediately confiscate your licence there and then if you are over the limit and you thus cannot then drive again until you get it back, which is not until after you have served whatever penalty the local magistrate decides upon.


  • #5
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    skallywag wrote: »
    That's an interesting point. In some countries (e.g. Germany, Austria ...) the police will immediately confiscate your licence there and then if you are over the limit and you thus cannot then drive again until you get it back, which is not until after you have served whatever penalty the local magistrate decides upon.

    That is only allowed if the decision is a matter of weeks as per decision from the ECHR.


  • #6
    GerardKeating
    Registered Users, Registered Users 2 Posts: 7,806 ✭✭✭GerardKeating


    araic88 wrote: »
    Maybe a strange question but if someone is caught drink driving and has possibly caused a car crash is it safe to assume they would be put off the road, and would this happen immediately or could they drive until waiting for a court case?
    Im having some trouble with an untruthful relative. I suspect they were caught by the guards (rightly so, to be honest I hope they were) and also had done damage to their car. They're still driving though 6 weeks or so later.

    They have up to six month to issue an summons, and (I think) another six months to serve, if the offense was only six weeks ago, I doubt if anything has "happened" yet.


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