Drink driving

Reg1979

Hi I was stopped for drink driving 6 years ago I didn't turn up in court I was just wondering if my license was suspended in my absence was a judgment made in my absence thanks

Paulw

Contact the court and find out.

artanevilla

No one here can possibly know that.

Ring the RSA/NDLS on 09625000 and ask.

Reg1979

artanevilla wrote: »

No one here can possibly know that.

Ring the RSA/NDLS on 09625000 and ask.

Thanks I will ring that number in the morning

Kepler 186f

It isn't normal that a case of this nature would proceed without your presence due to the fact that imprisonment can form part of the sentence, therefore I would guess that a bench warrant would have been issued for your arrest, but as explained try ringing to find out

JinkyJackson

Don't think they can convict you if you weren't in court? Most probably a warrant out for your arrest though? Ring your local court clerk

Fred Swanson

This post has been deleted.

JinkyJackson

Fred Swanson wrote:

It is common enough for people to be convicted in absentia.

Wasn't aware of that, I thought the accused would have to plead his guilt or innocence.

4ensic15

Kepler 186f wrote: »

It isn't normal that a case of this nature would proceed without your presence due to the fact that imprisonment can form part of the sentence, therefore I would guess that a bench warrant would have been issued for your arrest, but as explained try ringing to find out

Very few drink drivers are imprisoned. It is only when a custodial sentence is contemplated that it would be necessary to issue a bench warrant.

RustyNut

Reg1979 wrote: »

Thanks I will ring that number in the morning

How did you get on this morning when you rang them?

brainless007

i failed breath test last nite, read 67mg and the limit i was tested at my 55mg.

what should i expect as punishment? also had no tax.

i hate myself.

wush06

brainless007 wrote: »

i failed breath test last nite, read 67mg and the limit i was tested at my 55mg.

what should i expect as punishment? also had no tax.

i hate myself.

Hopefully 6-12 months

boardsuser1

brainless007 wrote: »

i failed breath test last nite, read 67mg and the limit i was tested at my 55mg.

what should i expect as punishment? also had no tax.

i hate myself.

You committed an offence under section 49 of the road traffic act 1961 as amended.

I've attached a link from citizens information for you.

The tax is covered under sections 73 of the finance act 1976 as amended.

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

brainless007

any chance of jail time? its my 1st offense and was fully compliant with the guard. in a area i didnt know and took a right onto a roundabout, drove at 10km as i realised my mistake(s). i was even saying sorry to fellow motorists.

so stupid.

boardsuser1

brainless007 wrote: »

any chance of jail time? its my 1st offense and was fully compliant with the guard. in a area i didnt know and took a right onto a roundabout, drove at 10km as i realised my mistake(s). i was even saying sorry to fellow motorists.

so stupid.

Can't give legal advice on boards but in my experience it depends on a number of factors. I can discuss in more detail off thread if you wish.

Read the link from citizens information.

punisher5112

I would guess insurance will be tough to get.

Kepler 186f

brainless007 wrote: »

any chance of jail time? its my 1st offense and was fully compliant with the guard. in a area i didnt know and took a right onto a roundabout, drove at 10km as i realised my mistake(s). i was even saying sorry to fellow motorists.

so stupid.

Taken off citizens information, it will depend on all the factors involved and is up to the judge

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

(a) Exceeding 150mg of alcohol per 100ml of blood
(b) Exceeding 200mg of alcohol per 100ml of urine
(c) Exceeding 66mcg of alcohol per 100ml of breath 3 years disqualification first offence, 6 years second offence
The above penalties are minimum penalties and the judge has the discretion to increase these penalties.

The maximum penalty for drink driving is €5,000 or 6 months in prison or both.

nuac

Mod
Closing thread - legal advice being sought