Drink Driving charge

pabloharv

Hi all,

whippet

Dude .. go speak to a solicitor.. you wont get legal advise here..

ElChe32

pabloharv wrote: »

Hi all,



can the guard put cuffs on me when i was not resisting at all? quite the contrary as i was visibly upset.

Can the refuse to give me an asthma inhaler even though I require it for medical reasons?

Can the guard speak to me like that?

I am not wanting to receive responses that i deserve everything etc as i am quite aware of that and to be honest my friends and family have given me enough i don't need to take criticism from random strangers only answers to my questions.

any responses would be greatly appreciated.

thanks

Surely if you failed to provide a road side sample you get arrested and for the Garda's own safety you are restrained. He doesn't know you from Adam.

"Anyone who refuses or fails to comply immediately with the above or to comply in the manner required by the Gardai is guilty of an offence"

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

4ensic15

There are 2 sides to every story. By your own admission you had been drinking to the point where it was obvious to a guard that you were under the weather. It is quite possible that there is more to this than you are saying. You need to go to a solicitor. You should realise that the guards read this forum and you could be damaging your chances in a future case by discussing it here.

pabloharv

thanks for the reply I've taken the content out.

Pro Hoc Vice

ElChe32 wrote: »

Surely if you failed to provide a road side sample you get arrested and for the Garda's own safety you are restrained. He doesn't know you from Adam.

"Anyone who refuses or fails to comply immediately with the above or to comply in the manner required by the Gardai is guilty of an offence"

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

There is very interesting case law on this issue.

HanaleiJ5N

Look at it from their perspective, someone gets pulled over, and for whatever reason they "can't" provide a sample. Immediately that strikes them as "Yeah, like we haven't heard that one before". The handcuffs, all a part of the process of being placed under arrest, whether or not you were resisting does not factor in to whether or not they can cuff you. And as far as they are concerned, they are dealing with a drunk (and thus unpredictable) person who they have no way of knowing will continue to be cooperative.

Not handing over the inhaler; was this before or after the breath test? Could the inhaler interfere with the test? May they have viewed it as an attempt to do so?

Can they speak to you like that? I really don't want to sound judgemental, but again, think of this from their point of view. Chances are, they or a close colleague of theirs has had to knock on a door in the early hours to break the horrible news of the death of a loved one at the hands of a drunk driver. Drunk drivers are a major nuisance in their jobs, they have a thousand better things they could be doing.

Sorry if that all sounds harsh because it does seem like you're putting your hands up and taking responsibility for this, although I'm not really sure what your angle is in questioning the conduct of the gardaí but I'd urge you to drop that line of enquiry because honestly, they haven't done a thing wrong based on what you have described.

Pro Hoc Vice

HanaleiJ5N wrote: »

Look at it from their perspective, someone gets pulled over, and for whatever reason they "can't" provide a sample. Immediately that strikes them as "Yeah, like we haven't heard that one before". The handcuffs, all a part of the process of being placed under arrest, whether or not you were resisting does not factor in to whether or not they can cuff you. And as far as they are concerned, they are dealing with a drunk (and thus unpredictable) person who they have no way of knowing will continue to be cooperative.

Not handing over the inhaler; was this before or after the breath test? Could the inhaler interfere with the test? May they have viewed it as an attempt to do so?

Can they speak to you like that? I really don't want to sound judgemental, but again, think of this from their point of view. Chances are, they or a close colleague of theirs has had to knock on a door in the early hours to break the horrible news of the death of a loved one at the hands of a drunk driver. Drunk drivers are a major nuisance in their jobs, they have a thousand better things they could be doing.

Sorry if that all sounds harsh because it does seem like you're putting your hands up and taking responsibility for this, although I'm not really sure what your angle is in questioning the conduct of the gardaí but I'd urge you to drop that line of enquiry because honestly, they haven't done a thing wrong based on what you have described.

http://www.irishtimes.com/news/crime-and-law/courts/district-court/drink-driving-charge-dismissed-because-garda-handcuffed-man-1.2032923

http://www.irishtimes.com/news/crime-and-law/courts/high-court/handcuffing-of-drink-drive-suspect-does-not-make-arrest-invalid-1.2518517

In effect the law is that a Garda can't based on no real reason handcuff a person after arrest.

There is so much about the OP that makes it read like a case where AGS do every thing wrong.

1 the handcuffing
2 the inhaler (not giving a prisoner access to vital medicine)
3 the inhaler no good Garda would use the intoxilyzer machine being aware the person was on inhaler and had already failed a road side test, a doctor would have been called to do blood or urine

Pro Hoc Vice

T-Maxx wrote: »

Mod: post deleted.

Well the OP has not been found guilty of any crime yet.