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Disqualification for section 29 1 A of RTA

  • 08-12-2015 12:47pm
    #1
    richy
    Registered Users, Registered Users 2 Posts: 502 ✭✭✭


    Hi,

    Would someone be likely to be disqualified for possessing cannabis in their own car?

    I heard about Lorraine Higgins talking about how the law should be used for people committing rural burgularies. Would it be likely to be used for lesser levels of crime?


Comments

  • #2
    coylemj
    Registered Users, Registered Users 2 Posts: 25,650 ✭✭✭✭coylemj


    richy wrote: »
    Hi,
    Would someone be likely to be disqualified for possessing cannabis in their own car?

    If they were caught transporting drugs from A to B in a car then it's possible. Simple possession - highly unlikely.
    richy wrote: »
    I heard about Lorraine Higgins talking about how the law should be used for people committing rural burgularies. Would it be likely to be used for lesser levels of crime?

    It can be, there is an 'ancilliary disqualification' provision in the 1961 RTA (below). But disqualifications seem to have very little effect on idiot joyriders or professional thieves, there was a guy up recently who had been disqualified 11 times so you wonder why judges bother ....

    27.—(1) (a) Where a person is convicted of an offence under this Act or otherwise in relation to a mechanically propelled vehicle or the driving of any such vehicle (other than an offence in relation to which section 26 of this Act applies) or of a crime or offence in the commission of which a mechanically propelled vehicle was used, the court may, without prejudice to the infliction of any other punishment authorised by law, make an order (in this Act referred to as an ancillary disqualification order) declaring the person convicted to be disqualified for holding a driving licence.

    http://www.irishstatutebook.ie/eli/1961/act/24/section/27/enacted/en/html#sec27


  • #3
    richy
    Registered Users, Registered Users 2 Posts: 502 ✭✭✭richy


    Cheers Coyle. Just referring to simply possession. Likely to get a conviction for it?? is there a chance the judge could throw it out?


  • #4
    coylemj
    Registered Users, Registered Users 2 Posts: 25,650 ✭✭✭✭coylemj


    richy wrote: »
    Cheers Coyle. Just referring to simply possession. Likely to get a conviction for it?? is there a chance the judge could throw it out?

    Nobody here can help you, talk to your lawyer. It all depends on the local judge who hears the case, your solicitor should know his/her form and advise you accordingly.


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