Drink Driving summons

trader69

I have received a summons and it does not include the time of the offence. I have read in citizens advice that the time should be on the summons. Would the judge throw the case out or just amend it. Also the Garda breathlised me when I was on my property and sitting in my car anybody shed any light on this thanks

Anthracite

trader69 wrote: »

I have received a summons and it does not include the time of the offence. I have read in citizens advice that the time should be on the summons. Would the judge throw the case out or just amend it. Also the Garda breathlised me when I was on my property and sitting in my car anybody shed any light on this thanks

You want help to get away with drunk driving?

Ok...

punisher5112

trader69 wrote: »

I have received a summons and it does not include the time of the offence. I have read in citizens advice that the time should be on the summons. Would the judge throw the case out or just amend it. Also the Garda breathlised me when I was on my property and sitting in my car anybody shed any light on this thanks

You commited an offence, he just needs to state he observed you driving in a public place and you were on private property when you stopped.

As for time no it doesn't need to be on it.

trader69

Yes if anybody can help

punisher5112

trader69 wrote: »

Yes if anybody can help

You won't get off on the above defence....

You need a solicitor.

I've already outlined

Stheno

trader69 wrote: »

Yes if anybody can help

Get a solicitor

marko99

trader69 wrote:

I have received a summons and it does not include the time of the offence. I have read in citizens advice that the time should be on the summons. Would the judge throw the case out or just amend it. Also the Garda breathlised me when I was on my property and sitting in my car anybody shed any light on this thanks

Stay off the road please.

Aint Eazy Being Cheezy

Was the Garda wearing his hat?

Atlantic Dawn

I'm sure it was the first time you ever did it :rolleyes:

Dev84

Out of interest how far over the limit were you?

Rubberchikken

No sympathy from me.
It doesnt matter where you were parked imo.
Drinking and driving is a big no no.

If youre man enough to break the law then be man enough to suck up the punishment. Or woman as the case may be.

trader69

The name of the complaintant or prosecutor (for example, a Garda’s name)
The name and address of the person against whom the complaint is made
Details, in ordinary language, of the alleged offence including the time, date and place of the alleged offence
The date, time and venue of the court
The judge's signature if issued by a judge or the name of the District Court clerk

Dev84

trader69 wrote: »

The name of the complaintant or prosecutor (for example, a Garda’s name)
The name and address of the person against whom the complaint is made
Details, in ordinary language, of the alleged offence including the time, date and place of the alleged offence
The date, time and venue of the court
The judge's signature if issued by a judge or the name of the District Court clerk

How far over the limit were you?

Old Perry

trader69 wrote: »

The name of the complaintant or prosecutor (for example, a Garda’s name)
The name and address of the person against whom the complaint is made
Details, in ordinary language, of the alleged offence including the time, date and place of the alleged offence
The date, time and venue of the court
The judge's signature if issued by a judge or the name of the District Court clerk

Whats that from? were you observed on the road driving or did he just do you for sitting in your driveway drinking?

You're probably goosed all the same. Although it was only in news recently about a shocking amount of these types of cases being struck off on technicalities.

blindsider

OP - have a look at this:

https://www.youtube.com/watch?v=dtyOq5ATw18&list=PLi8nqrsVU6ht4SqhN1D5zFF4qU6_n_H1J

trader69

That is taken from citizens information website and it states that the time must
Be on the summons. The blood reading was 101

Dev84

Id ssy take your punishment mate. Contest it and it could end up worse.

Stheno

trader69 wrote: »

That is taken from citizens information website and it states that the time must
Be on the summons. The blood reading was 101

That came up recently on a thread in either motors or legal discussion and was deemed something of no real relevance but only a solicitor could quantify that

You were over twice the legal limit so facing a ban

Get a solicitor

the_syco

trader69 wrote: »

The blood reading was 101

Hope you're taken off the road!

AnneFrank

Dev84 wrote: »

Id ssy take your punishment mate. Contest it and it could end up worse.

This isn't true,if you have money every solicitor will tell you to contest,either way you have to get one and it's 500 Euro,accept and it's one day in court and you're off the road with an extra 250 fine, contest it could be 3 court dates but a good chance you'll get off.good luck either way,**** happens

jimbobaloobob

What makes you think you should get off, were you over the limit for driving?
Had you arrived at your destination or about to set off?

Dev84

AnneFrank wrote: »

This isn't true,if you have money every solicitor will tell you to contest,either way you have to get one and it's 500 Euro,accept and it's one day in court and you're off the road with an extra 250 fine, contest it could be 3 court dates but a good chance you'll get off.good luck either way,**** happens

V poor advice. You were caught red handed. A judge may take a dim view of you trying to con him.Whereas for a first time you might get 6 months or even a warning you wont if you act the f××k.

AnneFrank

I speak the truth Dev,his solicitor will say the same.the only difference in contesting could be a slightly higher fine. There's no wriggle room,the punishments are set by the amount your over,you can't get more or less, a technicalitie is your only hope

Stheno

Dev84 wrote: »

V poor advice. You were caught red handed. A judge may take a dim view of you trying to con him.Whereas for a first time you might get 6 months or even a warning you wont if you act the f××k.

Did the law not change recently so anything over the limit is an automatic ban?

Dev84

Stheno wrote: »

Did the law not change recently so anything over the limit is an automatic ban?

Not yet as far as im aware.

fritzelly

Doesn't matter where you are parked you are still drunk behind the wheel - you either had intention to drive or had been driving

Hitman3000

trader69 wrote:

I have received a summons and it does not include the time of the offence. I have read in citizens advice that the time should be on the summons. Would the judge throw the case out or just amend it. Also the Garda breathlised me when I was on my property and sitting in my car anybody shed any light on this thanks

Other than the cost of a solicitor you have nothing to lose other than his/her fee. Contest it. It's a life changing event hopefully no matter the outcome you learn a valuable lesson.

punisher5112

I take it this happened in Donegal¿

They will hammer ya up there.

You ain't going to get off for no time on the summons.

I received one years back for totally different issue and couldn't even read my name never mind half of the offence.
Still went to court.

Name spelling even if wrong isn't a ticket off either as they can amend it.

beveragelady

If you were unable to make a choice between drinking and driving you need to have a serious think about your attitude to alcohol as well.
Take your punishment and be glad you were taken off the road before you did serious damage to yourself or somebody else's family.

SteM

AnneFrank wrote: »

**** happens

This is a disgusting attitude.

Anthracite

AnneFrank wrote: »

good luck either way,**** happens

I hope a you don't learn first hand the kind of **** that happens when a drunk driver smashes into somebody close to you. Assuming that there actually is anybody else you care about.

Green Peter

The time of offence is never stated on the summons, the summons can be amended in court by the Garda in most cases if the judge agrees which they generally do if there is a minor issue with wording or dates etc.

muffler

Not specific to Donegal. Moved to the Legal Discussion forum

hullaballoo

Legal advice isn't allowed on this forum/website.

Thread closed.