Can I be arrested for drunk driving after parking and exiting the car at a petrol sta

Dublinman50

In the hight of a domestic dispute I stormed out and hopped in the car to get cigarettes in a local petrol station .
After parking and exiting the car in the petrol station , I was approached by a Garda who asked if I was drinking - I advised yes and was arrested and brought to the local station to be breathlised . I was 61mls per 100 in breath - can I be charged as I had parked the car on private ground and was only after I had exited was o approached ?
Can anyone advise? - yes , I was in the wrong
I was in the wrong - I had no intention going out but got so annoyed that I barged out - but nevertheless , I got into the car !
Can any thing be said in mitigation in court or will it be an automatic ban ? I have 3 points for speeding but have a full clean licence for the last 30 years

Aint Eazy Being Cheezy

You're screwed. Public place is defined as a place in which the public ordinarily has access to. Petrol station is definitely that.

eeguy

You were drinking.
You were driving.
You were arrested.

I'd say it's time to get a solicitor involved.

myshirt

No, he isn't screwed. Think the best advice is for this chap get a solicitor on side. But op, you are not screwed.

Separately, we've all had domestics my friend, come on, reflect a bit. No point on going off on you, but christ, don't get in the car drunk.

F1ngers

Dublinman50 wrote: »

After parking and exiting the car in the petrol station , I was approached by a Garda who asked if I was drinking - I advised yes and was arrested and brought to the local station to be breathlised . I was 61mls per 100 in breath -

Hi, I just deleted the irrelevant stuff from your post.

How does it read to you now?

Little CuChulainn

The offence is worded so that you can be tested within three hours of driving and be guilty of drink driving.

MaggotBrain

Get a good solicitor, there's a specialist in every district for getting chumps like you off drink driving charges. Gob****e.

Mush_Flanagan

And so you should be banned, if you had of hit and hurt someone or even worse killed anyone you would still be asking for advice looking to weasel your way out of it.

You done it, You got caught , Now pay for it.

baldbear

Are you Darren Gibson?

Ken.

baldbear wrote: »

Are you Darren Gibson?

Couldn't be, he already got off.

godtabh

ken wrote: »

Couldn't be, he already got off.

20month driving ban is getting off? And community order?

hardtrier

For Mush Flanagan .............

And so you should be banned, if you had of hit and hurt someone or even worse killed anyone you would still be asking for advice looking to weasel your way out of it. You done it, You got caught , Now pay for it.

It's "If you had hit" and not "If you had of hit" and it's "You did it" and not "You done it". Will you try to remember these things in future?

0ph0rce0

I've told the story a few times on here but you can be done for drink driving when your not even or have not been driving.

Yawns

Dublinman50 wrote: »

I have 3 points for speeding but have a full clean licence for the last 30 years

So you don't have a clean licence?

Aint Eazy Being Cheezy

Yawns wrote: »

So you don't have a clean licence?

I always thought a clean license was one with no endorsement?

Yawns

Aint Eazy Being Cheezy wrote: »

I always thought a clean license was one with no endorsement?

What is a penalty point if not an endorsement?

From here

Penalty points endorsement
The penalty points system of endorsement is by entry in the licence record. The record is endorsed on the National Vehicle and Driver File operated by the Department of Transport, Tourism and Sport on notification from the Courts or An Garda Síochána as appropriate.

Penalty point endorsements remain on your licence record for 3 years and must be notified to your insurance company when applying for motor insurance, providing you hold a current driving licence. Endorsements on your licence record will often lead to an increase in your motor insurance premium.

From RSA here

What are penalty points?

A penalty point is essentially a formal reprimand by the Gardai endorsed on your driving licence record that shows you are guilty of a specific driving offence.

Yawns

From my understanding if you currently have points on your licence, it would be endorsed. When they expire then it is clean again. I only pointed out the OP as his wording was " I have 3 points" from which I would take it as currently having 3 points now that are active and thus not having a clean licence.

Just as a quick example:
If am employer is looking to hire someone with a clean licence and you apply for the job with 9 points on your licence, would you reasonably expect to be given the job? I wouldn't.

Aint Eazy Being Cheezy

Yeah, fair enough. I think it was because insurance companies usually ask if you've any endorsement or penalty points, I assumed they were separate. I'd have classed an endorsement as drink driving, dangerous driving, driving without care & attention etc etc

316

A brown envelope could solve alot here.

Streetwalker

Why would anyone advice someone who is stupid enough to get into a car drunk to get a solicitor. OP man up and take the punishment.

Pat Mustard

Mod:

Neither of these posts have anything to do with legal discussion and are off topic. Please move back on topic.

Mush_Flanagan wrote: »

And so you should be banned, if you had of hit and hurt someone or even worse killed anyone you would still be asking for advice looking to weasel your way out of it.

You done it, You got caught , Now pay for it.

hardtrier wrote: »

For Mush Flanagan .............

And so you should be banned, if you had of hit and hurt someone or even worse killed anyone you would still be asking for advice looking to weasel your way out of it. You done it, You got caught , Now pay for it.

It's "If you had hit" and not "If you had of hit" and it's "You did it" and not "You done it". Will you try to remember these things in future?

Carawaystick

godtabh wrote: »

20month driving ban is getting off? And community order?

For drinking ad driving its very light punishment.
For a hit&run and crashing into a petrol station, its peanuts.

Larbre34

61? You'll get off that nay bother. Ask around for a good brief, you wont even have to be in Court.

http://www.irishstatutebook.ie/eli/1961/act/24/section/50/enacted/en/html

Being in charge of mechanically propelled vehicle while under influence of intoxicating liquor or drug.

This particular law allows Gardai to arrest people who have just gotten into their car drunk with their car keys. You are breaking
the law if you are drunk in charge of a vehicle. So to answer your question OP - yes you can be arrested for parking and exiting. You can be arrested for simply sitting your your car listening to the radio while drunk if the keys are in the ignition and you are in the driving seat.

An offence of driving or attempting to drive a mechanically propelled vehicle in a public place while there is present in your body a quantity of alcohol such that, within 3 hours after so driving or attempting to drive, the concentration of alcohol in your breath exceeds a concentration of:
- 22 microgrammes of alcohol per 100 millilitres of breath for an experience driver
- 9 microgrammes of alcohol per 100 millilitres of breath for other drivers

http://www.citizensinformation.ie/en/travel_and_recreation/motoring_1/driving_offences/drink_driving_offences_in_ireland.html

Check the link for penalties.

Court system
If you have to go to court the disqualification periods for drink driving convictions are as follows:

Exceeding 44mcg but not exceeding 66mcg of alcohol per 100ml of breath

2 years disqualification

Get a solicitor if you depend on the vehicle for work, in X amount of time you may be able to apply for a reduction in the length.

Removal of a disqualification
You can apply for the early restoration of your driving licence when half your disqualification period is over. However, you cannot apply for an early restoration:

If the disqualification is for 2 years or less
If the disqualification is not your first disqualification order within the previous 10 years
The court can reduce the period of disqualification to two-thirds of the original period of disqualification or to 2 years, whichever is the greater.

When a court is considering an application for the restoration of a driving licence it will look at the nature of the offence, the character of the applicant and the conduct of the applicant after conviction.

josip

Dublinman50 wrote: »

After parking and exiting the car in the petrol station , I was approached by a Garda who asked if I was drinking

It would seem from this that based on your driving the Garda suspected you were over the limit.
Which would imply that your ability to drive was definitely impaired.
Get a solicitor.

Larbre34

Larbre34 wrote: »

61? You'll get off that nay bother. Ask around for a good brief, you wont even have to be in Court.

61 in breath is a different measuring unit to blood and urine. MCG and MG.
61 breath is alot more than 61 blood/urine and are not comparable. Whereas the blood/urine at 61 mg will get you a fine out of the court system. 61mcg breath means you are alot more drunk than someone with 61mg of alcohol in their blood/urine. That`s why the out of court fines are at different levels for breath.

NUTLEY BOY

Evidence of driving in a public place is the first proof required. If OP was seen driving by Gardaí or admitted driving in a public place that seems to establish that proof.

Is a garage actually a public place for present purposes ? If yes, why ? What is the current definition of a public place ?

Even if there is an argument to be raised on the preceding question I take it that Gardai can still enter a garage forecourt for the purposes of arresting someone on suspicion of driving whilst over the limit. However, is this limited to alleged driving in a public place outside the garage ? Is it in any way different if the Gardai only first observe the driver after he has arrived in the forecourt ?

BTW I appreciate that Gardaí are no longer required to first "form an opinion" before approaching a drink driving suspect. What is the entitlement of Gardai now in this respect. Can Gardai stop you entirely at random and check you for drink or drugs whilst driving in a public place.

Ursus Horribilis

josip wrote:

It would seem from this that based on your driving the Garda suspected you were over the limit. Which would imply that your ability to drive was definitely impaired. Get a solicitor.

That's the first thought that crossed my mind. Gardaí don't just randomly approach people in filling stations unless they've got a reason. You must have been doing something that attacted their attention. You're around long enough to know that getting behind the wheel of a car with that much drink on you has consequences. Get yourself a solicitor and pray you get a sympathetic judge who'll buy your sob story.

galljga1

Little CuChulainn wrote: »

The offence is worded so that you can be tested within three hours of driving and be guilty of drink driving.

Interesting. Is that within three hours of driving after being arrested on suspicion of drink driving? I presume it is not three hours after driving, during which time you had access to alcohol.

Pro Hoc Vice

NUTLEY BOY wrote: »

Evidence of driving in a public place is the first proof required. If OP was seen driving by Gardaí or admitted driving in a public place that seems to establish that proof.

Is a garage actually a public place for present purposes ? If yes, why ? What is the current definition of a public place ?

Even if there is an argument to be raised on the preceding question I take it that Gardai can still enter a garage forecourt for the purposes of arresting someone on suspicion of driving whilst over the limit. However, is this limited to alleged driving in a public place outside the garage ? Is it in any way different if the Gardai only first observe the driver after he has arrived in the forecourt ?

BTW I appreciate that Gardaí are no longer required to first "form an opinion" before approaching a drink driving suspect. What is the entitlement of Gardai now in this respect. Can Gardai stop you entirely at random and check you for drink or drugs whilst driving in a public place.

The definition is contain in legislation a car park in a hotel or pub or garage is a public place for purpose of road traffic law.

Pro Hoc Vice

galljga1 wrote: »

Interesting. Is that within three hours of driving after being arrested on suspicion of drink driving? I presume it is not three hours after driving, during which time you had access to alcohol.

It's 3 hours of driving. The evidence of driving is given by the Garda.

"(2) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while there is present in his or her body a quantity of alcohol such that, within 3 hours after so driving or attempting to drive, the concentration of alcohol in his or her blood will exceed a concentration of—"

Victor

Dublinman50 wrote: »

Can I be arrested for drunk driving after parking and exiting the car

Of course you can. Otherwise, a drunken person being pursued by the Garda would simply have to stop and exit the vehicle.

Little CuChulainn

galljga1 wrote: »

Interesting. Is that within three hours of driving after being arrested on suspicion of drink driving? I presume it is not three hours after driving, during which time you had access to alcohol.

It is the latter. If the defence want to claim that alcohol was consumed after driving and before the arrest then they must prove that the driver was not over the limit before consuming it.

3DataModem

Little CuChulainn wrote: »

The offence is worded so that you can be tested within three hours of driving and be guilty of drink driving.

And you don't even need to be driving. Just "in control of a vehicle"

Peregrinus

To be convicted of the breathylser offence, you have to have been driving or attempting to drive. The old "drink in charge of a motor vehicle" charge didn't require that - just that you should be "in charge" of the vehicle which could be proven by showing that, e.g., you had the keys in your possession.

Pro Hoc Vice

Peregrinus wrote: »

To be convicted of the breathylser offence, you have to have been driving or attempting to drive. The old "drink in charge of a motor vehicle" charge didn't require that - just that you should be "in charge" of the vehicle which could be proven by showing that, e.g., you had the keys in your possession.

Since at least 1961 the accused must be proven to be in charge with the intention of driving the intention is a rebuttable presumption.