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Drink driving suspension. Take to court?

  • 02-01-2017 10:22am
    #1
    Registered Users, Registered Users 2 Posts: 123 ✭✭


    I'm facing a 3 month ban for having a pint after work new years eve. I would have been under the limit but I'm a n driver appearently the limit is lower for n plate drivers. I got the minimal ban and fine because I was just over the n driver limit.

    I wan to take it to court to see if I can get an exemption for going to work ( I love an hour away from my job)

    If I take this to court , how likely am to get a worse punishment? How likely am I to be able to get an exemption for driving to\from work?


    EDIT: I'm not arguing that it was OK. I know it was stupid. I'm just here for advice.


Comments

  • Registered Users, Registered Users 2 Posts: 988 ✭✭✭The Royal Scam


    How did you not know there was a lower limit? When it was brought in it was all over all media. I would pretty much say you would have little chance fighting this.


  • Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    epicmoe wrote: »
    I'm facing a 3 month ban for having a pint after work new years eve. I would have been under the limit but I'm a n driver appearently the limit is lower for n plate drivers. I got the minimal ban and fine because I was just over the n driver limit.

    I wan to take it to court to see if I can get an exemption for going to work ( I love an hour away from my job)

    If I take this to court , how likely am to get a worse punishment? How likely am I to be able to get an exemption for driving to\from work?

    An exemption from prosecution because you only drive an hour to work?? Are you serious?? :eek:

    Take it to court, and if convicted, you will most likely get a 1 year ban and a possible fine.

    You should take the 3 month ban and learn from it.


  • Registered Users, Registered Users 2 Posts: 2,016 ✭✭✭adocholiday


    Not a hope of you winning this one. You were over the limit so what exactly are you appealing? I don't think the inconvenience of a ban is solid grounds for appeal and the judge may double it to 6 months (although I don't know how these are dealt with in general). Usually failed appeals result in larger fines, longer ban/sentence etc.

    I think you should take this one on the chin and use this as a learning experience. Also just as an FYI a pint is actually more than the allowed amount for a licenced driver. A glass/long neck bottle is now the legal limit so it essentially means that N and L drivers can't really have a drink at all.


  • Closed Accounts Posts: 1,387 ✭✭✭D0NNELLY


    What was the reading?


  • Registered Users, Registered Users 2 Posts: 36,170 ✭✭✭✭ED E


    If you were late for work would speeding be ok?

    Farcical argument.


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  • Closed Accounts Posts: 177 ✭✭TanFlash


    ED E wrote:
    If you were late for work would speeding be ok?

    ED E wrote:
    Farcical argument.


    Yes? He could make up time and get there quicker, who doesn't speed if they're late?


  • Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    TanFlash wrote: »
    Yes? He could make up time and get there quicker, who doesn't speed if they're late?

    But it isn't a legal argument to get out of a speeding ticket. That was the point being made. :eek:


  • Closed Accounts Posts: 226 ✭✭PAKNET


    Take it on the chin.

    Your argument will probably rile up the judge into a significantly higher punishment.


  • Closed Accounts Posts: 177 ✭✭TanFlash


    Paulw wrote:
    But it isn't a legal argument to get out of a speeding ticket. That was the point being made.


    I'm sure there's some solicitor somewhere that could though!


  • Registered Users, Registered Users 2 Posts: 84,761 ✭✭✭✭Atlantic Dawn
    M


    I can't really see any way out in court unless some procedure was not followed properly, were you tested back at the station, was it the blood or breath test at the station?

    If you were over the limit you were over the limit, a lesson learned.


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  • Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Well this is just silly.


  • Banned (with Prison Access) Posts: 1,141 ✭✭✭Stealthfins


    You were over the limit, if you're man enough to drink and drive, you should be man enough to take you punishment.

    Some people are highly impaired after even a pint.

    You're lucky you got the 3 months off the road, if you go to court more than likely the judge will think who the fck do you think you are coming in here thinking I'm a soft touch.

    18 months off the road would sort you out.


  • Registered Users, Registered Users 2 Posts: 532 ✭✭✭beechwood55


    You will also face significantly higher insurance premiums when you renew.


  • Banned (with Prison Access) Posts: 43 Senator Palpatine


    Some people are highly impaired after even a pint.

    Yes, but they're children and they're not allowed to drive.


  • Banned (with Prison Access) Posts: 1,141 ✭✭✭Stealthfins


    Yes, but they're children and they're not allowed to drive.

    Not really, there are light weights out there.
    There's research done on it go find it yourself.

    Nice try though.


  • Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭Aint Eazy Being Cheezy


    I like your audacity! There's probably not too many people who drive solely for pleasure. The vast majority of people need their car, be it travelling to work, dropping the kids to school, doing the grocery shopping etc.

    So, the chances of you getting an exemption, based on the fact that you need your car, are slim to none, otherwise why ban anybody at all if the ban will be exempted anyway?

    Three months isn't all that long. Buy a bicycle, cycle to the nearest bus/train station or somewhere a colleague can pick you up. Your insurance is gonna go up, so use the few months savings in tax/juice to put some money by. Don't squander it on fighting this in court.

    Best of luck.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    Closing this thread. Legal advice is contrary to forum rules


This discussion has been closed.
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