Drink driving issue

Heuston123

Different topic altogether. Bit of help.
Hi all. So I got charged for Drink Driving. Stupid thing to do. I blew twice the limit. I’m accepting charges as was at fault. Going to court to plead guilty and take the ban. Solicitor looking for €1,600 as he will demand statement from Garda. Do I really need solicitor or just go in with arms up and take what I’m given and walk out.

Claw Hammer

Heuston123 wrote: »

Different topic altogether. Bit of help.
Hi all. So I got charged for Drink Driving. Stupid thing to do. I blew twice the limit. I’m accepting charges as was at fault. Going to court to plead guilty and take the ban. Solicitor looking for €1,600 as he will demand statement from Garda. Do I really need solicitor or just go in with arms up and take what I’m given and walk out.

Get a legal aid solicitor. €1,600 is ridiculous for a Gary Doyle order.

Heuston123

Claw Hammer wrote: »

Get a legal aid solicitor. €1,600 is ridiculous for a Gary Doyle order.

Won’t get legal aid. As in full time work in semi state service.

Claw Hammer

Heuston123 wrote: »

Won’t get legal aid. As in full time work in semi state service.

You can retain a solicitor privately who does legal aid work. They won't charge anything like as much. It is always worth getting copy statements. There may well be a glaring fault with the prosecution case and you will get off.

Heuston123

Claw Hammer wrote: »

You can retain a solicitor privately who does legal aid work. They won't charge anything like as much. It is always worth getting copy statements. There may well be a glaring fault with the prosecution case and you will get off.

Saw a solicitor. Had a talk with him. Explained everything that happened to him. He said they done everything by the book. If I want him to represent me in court and get barrister it will be €1,600 euro and may take up to 3 court appearances. Or just take the ban and fine. Which is mandatory at 2 years and take €400 fine.

Claw Hammer

Heuston123 wrote: »

Saw a solicitor. Had a talk with him. Explained everything that happened to him. He said they done everything by the book. If I want him to represent me in court and get barrister it will be €1,600 euro and may take up to 3 court appearances. Or just take the ban and fine. Which is mandatory at 2 years and take €400 fine.

It would only be €1600 if you are contesting the case. Until the guards disclose their evidence it can't be said everything was done by the book. You should be able to get the guards evidence for a much lesser amount and then decide if you are defending or not.

Irish Raven

Heuston123 wrote:

Different topic altogether. Bit of help. Hi all. So I got charged for Drink Driving. Stupid thing to do. I blew twice the limit. I’m accepting charges as was at fault. Going to court to plead guilty and take the ban. Solicitor looking for €1,600 as he will demand statement from Garda. Do I really need solicitor or just go in with arms up and take what I’m given and walk out.

You dont need a solicitor. If you are holding your hands up, and pleading guilty....accepting the ban....and not have much previous convictions, a solicitor is not need....1600€ is crazy....solicitors n espec legal aid solcitors are bleeding the state of money, disgrace....if he looks for statements...that means he wants to make a couple of appearances for the case, which means more money to his pocket...

Heuston123

Irish Raven wrote: »

You dont need a solicitor. If you are holding your hands up, and pleading guilty....accepting the ban....and not have much previous convictions, a solicitor is not need....1600€ is crazy....solicitors n espec legal aid solcitors are bleeding the state of money, disgrace....if he looks for statements...that means he wants to make a couple of appearances for the case, which means more money to his pocket...

Cheers. Was in the court house today just looking around. Was going to pay the solicitor. But that’s nearly 4 weeks wages gone. And will stil more than lightly get the ban and a higher fine for going threw the courts sessions. I’m accepting charges as was drink driving. First offense. By Christ I won’t ever do it again.

Claw Hammer

Irish Raven wrote: »

You dont need a solicitor. If you are holding your hands up, and pleading guilty....accepting the ban....and not have much previous convictions, a solicitor is not need....1600€ is crazy....solicitors n espec legal aid solcitors are bleeding the state of money, disgrace....if he looks for statements...that means he wants to make a couple of appearances for the case, which means more money to his pocket...

It is unwise not to pay a few hundred for statements and at least see if there is a defence. A significant percentage of drink drivers are never convicted. It is gambling a few quid. In some cases the solicitors can do a better mitigation plea than a layman. A lot of judges don't like lay people appearing.One judge fines people who plead guilty €1000. I don't know where this €400 figure is coming from.

Heuston123

Claw Hammer wrote: »

It is unwise not to pay a few hundred for statements and at least see if there is a defence. A significant percentage of drink drivers are never convicted. It is gambling a few quid. In some cases the solicitors can do a better mitigation plea than a layman. A lot of judges don't like lay people appearing.One judge fines people who plead guilty €1000. I don't know where this €400 figure is coming from.

Solicitor said as first offense and no accident involved. Immediately informed Garda I had a few drinks. Did everything I was asked to do didn’t refuse. Solicitor wil be looking for €300 just to request forms which wil adjourn court till Xmas. And solicitor said that fine should be no more than €500. Another collleague of mine blew 3 times over limit and he got €400 fine 2 year ban. And he went in and just pleaded guilty.

Pat Mustard

Irish Raven wrote: »

You dont need a solicitor. If you are holding your hands up, and pleading guilty....accepting the ban....and not have much previous convictions, a solicitor is not need....1600€ is crazy....solicitors n espec legal aid solcitors are bleeding the state of money, disgrace....if he looks for statements...that means he wants to make a couple of appearances for the case, which means more money to his pocket...

Legal aid does not generally cover drink driving so these matters tend to be paid for privately, which is what is happening here.

There is nothing to do with legal aid or State funding.

If you are complaining about the fee that was quoted then the simple answer is that there is a market for defence solicitors and shop around.

Heuston123

Pat Mustard wrote: »

Legal aid does not generally cover drink driving so these matters tend to be paid for privately, which is what is happening here.

There is nothing to do with legal aid or State funding.

If you are complaining about the fee that was quoted then the simple answer is that there is a market for defence solicitors and shop around.

I have went to a few solicitors. Cheapest €1,600. Some looking for €2,000 as barrister will be needed.

EndaHonesty

Heuston123 wrote: »

Different topic altogether. Bit of help.
Hi all. So I got charged for Drink Driving. Stupid thing to do. I blew twice the limit. I’m accepting charges as was at fault. Going to court to plead guilty and take the ban. Solicitor looking for €1,600 as he will demand statement from Garda. Do I really need solicitor or just go in with arms up and take what I’m given and walk out.

Drink driving is a very technical case and a significant proportion of cases do NOT result in conviction due to errors in the processing of evidence.

IMO you would be mad not to engage a solicitor.

You will definitely be convicted if you don't have a solicitor.

You might not be convicted if you engage a solicitor.

Your first visit to court should be when your solicitor requests all the evidence from the Gardai.

Once you have that evidence it will be obvious whether the case can be contested so if you want to plead guilty at the next court sitting you can.

Grassey

He was caught drink driving, admitted to drink driving, would the adult thing not be to admit that in court and take the punishment? What is there to contest other than trying to escape the charges?

Pat Mustard

Grassey wrote: »

He was caught drink driving, admitted to drink driving, would the adult thing not be to admit that in court and take the punishment? What is there to contest other than trying to escape the charges?

Mod:

Please don't post about what moral choice you think that the OP should make, in the circumstances of a choice regarding a guilty or not guilty plea. This sort of comment is not helpful for this forum.

This is a post about moderation and we ask posters not to reply to such posts.

FledNanders

I was in the same situation years ago and paid 1500 for a solicitor mainly just for someone with experience to guide me through the process, and not to have to rely on myself as I hadn't a clue what way to handle it (never been in court before etc).

He queried the evidence etc and had the case adjourned a couple of times, but I was still convicted, which I had expected anyway.
Also, he spoke well on my behalf after I received the conviction and subsequently only had to pay a €25 fine (on top of ban of course). I think the judge may have taken into consideration the fact that I had to pay for a solicitor, but obviously I can't be sure of this.

If you can afford it, I would say hire one.

Also just to note, you can apply for your license back from the court after two thirds of the ban I think. I did this myself without re-hiring the solicitor, even though he asked me to contact him when the time came for this. Don't bother.

GFish

At the very least, do not go in and hold your hands up on the first day.
You need to at least see the State's evidence (Google Garry Doyle).
Everybody is innocent until proven guilty.

The cost of a drink driving conviction is far more than most people think.

Say you plead guilty:
Fine €400 and ban for 2 years
Public transport and Taxis for 2 years - say €20/week = €2000
Apply to get your licence back
Insurance loading - say €1500 extra for at least 5 years = €7500

That amounts to €9,900 hard cash - not just the €400 fine.
Add the shame which you undoubtedly feel already and the possible loss of your job.
The penalty is far more significant than the layman thinks.

Shop around for solicitor costs but do not roll over and play dead.

PS: Don't do it again

Victor

If pleading guilty early, might doing an alcohol awareness course or similar be useful in mitigation?

Really Interested

Victor wrote: »

If pleading guilty early, might doing an alcohol awareness course or similar be useful in mitigation?

For most DJ’s nope. The ban is the ban and must be imposed. From looking at district courts the fine is usually the same for a plea or a fight.

Hitman3000

If you can afford to contest the charge, do so. The Guards don't always get their ducks in a row. I assume no matter what way it goes you will have learnt from your mistake. Been there, contested and won but have never been so stupid again.

Fred Swanson

This post has been deleted.

dudara

Given the total cost of a drink driving conviction (no license for several years, insurance loading afterwards), I think you would be well advised to engage a solicitor and do everything you can to minimise the impact. You might think it's only €400 now, but the total impact is going to be much greater. The expense of a solicitor could be well worth it in the long run.

I love Sean nos

GFish wrote: »

The cost of a drink driving conviction is far more than most people think.

Say you plead guilty:
Fine €400 and ban for 2 years
Public transport and Taxis for 2 years - say €20/week = €2000
Apply to get your licence back
Insurance loading - say €1500 extra for at least 5 years = €7500

That amounts to €9,900 hard cash - not just the €400 fine.
Add the shame which you undoubtedly feel already and the possible loss of your job.
The penalty is far more significant than the layman thinks.

Shop around for solicitor costs but do not roll over and play dead.

PS: Don't do it again

Depending on the car the OP has, the age of the car and the insurance premium already in play, he could still save money over those two years by being banned compared to your figures.

Heuston123

I love Sean nos wrote: »

Depending on the car the OP has, the age of the car and the insurance premium already in play, he could still save money over those two years by being banned compared to your figures.

Update. Was in court today. Was called. Talking to Judge for a while. Was given a solicitor had a talk with him. Was pleading guilty. But solicitor recommends that I get copy of Garda statements. And back into court next month and maybe go ahead with pleading not guilty. To see what happens next. And he only charging me €800. I will never drink drive again it’s not worth it and all the hassle. Could of been a lot more serious dough.

Fred Swanson

This post has been deleted.

Heuston123

Fred Swanson wrote: »

Good on the judge for assigning one of the legal aid solicitors to you.

I was over the limit so had to pay him certain amount. Better than €1,600. Thanks lads.

McCrack

Which District Court are you in?

Heuston123

McCrack wrote: »

Which District Court are you in?

Dublin. CCJ.

Needles73

I love Sean nos wrote: »

Depending on the car the OP has, the age of the car and the insurance premium already in play, he could still save money over those two years by being banned compared to your figures.

I think the numbers may not be accurate in fairness but do illustrate the total cost will be significant. Its highly unlikely €20 euro a week would be enough to cover travel expense and doesn't factor the cost of not running a car for a 2 year period.

I love Sean nos

Needles73 wrote: »

I think the numbers may not be accurate in fairness but do illustrate the total cost will be significant. Its highly unlikely €20 euro a week would be enough to cover travel expense and doesn't factor the cost of not running a car for a 2 year period.

The AA publishes some data on this every year. Treat it with a pinch of salt, but at the very least, it can be used as a checklist for doing your own sums. I was assuming that the OP would be getting rid of the car for the two years, in which case he could be saving €20k, depending on the car and other factors.

€20k pays for a lot of buses and taxis.

Panama Papers

I know a guy that was convicted of DD and he simply never drove again. If he needed to go anywhere awkward, he would get a mate/family member to take him.

He served every day of his ban, got his licence back and put it away safe. Didn't bother with early restoration or any of that sort of thing.

He didn't fancy lining the pockets of insurance companies for 8 to 10 years afterwards.

GFish

I love Sean nos wrote: »

... I was assuming that the OP would be getting rid of the car for the two years, in which case he could be saving €20k, depending on the car and other factors.

€20k pays for a lot of buses and taxis.

That's very interesting.
Could you explain a bit more how OP could save €20k?

I love Sean nos

GFish wrote: »

That's very interesting.
Could you explain a bit more how OP could save €20k?

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