Drink Driving

vinnyryan

Hi All,

A family friend has a been arrested this evening. Second offence. Previously off the road for 2 years. Don't know how far over but expect a lot.

Whats worst case, best case?

Ultimate Seduction

vinnyryan wrote: »

Hi All,

A family friend has a been arrested this evening. Second offence. Previously off the road for 2 years. Don't know how far over but expect a lot.

Whats worst case, best case?

4 years off the road

vinnyryan

Thanks Op.

Fine? Jail? Process?

Samuel T. Cogley

Fine and a long ban most likely. Should be jail but I'd venture it's unlikely.

Incidentally, you're the OP :pac:

vinnyryan

Samuel T. Cogley wrote: »

Fine and a long ban most likely. Should be jail but I'd venture it's unlikely.

Incidentally, you're the OP :pac:

Thanks a mill.

mightybashful

vinnyryan wrote: »

Thanks a mill.

If the first time was only recently, a remand in custody is a possiblity. Seen it happen a few times as a lesson.

Lmklad

Entirely depends on the judge. Some will use custody on the third offense, others depending on the circumstances of the second offense.

AnneFrank

No way jail unless violence was involved, but the ban will be double the norm

Lmklad

AnneFrank wrote: »

No way jail unless violence was involved, but the ban will be double the norm

You can’t guarantee that. Judge Durkan in Clare jails for 3rd offence. Look him up.

Fann Linn

Lmklad wrote: »

You can’t guarantee that. Judge Durkan in Clare jails for 3rd offence. Look him up.

And rightly so.

Samuel T. Cogley

Meant to say above - if you can get them in to AA or something similar to help with their drinking. For their own sake of course but it might be helpful as mitigation.

Mr.H

Any offense should be lifetime ban. Screw them. Anyone selfish enough to drink drive has no business driving

McCrack

Mr.H wrote: »

Any offense should be lifetime ban. Screw them. Anyone selfish enough to drink drive has no business driving

No. Punishment has to be proportionate. Having a level of alcohol in ones blood that exceeds the legal limit does not and should not entitle a court to disqualify a person for the remainder of their life from ever driving again.

washman3

Mr.H wrote: »

Any offense should be lifetime ban. Screw them. Anyone selfish enough to drink drive has no business driving

As a matter of interest, what punishment would you dish out to somebody who is caught texting while driving.? Possibly the death penalty.!! As many experts now reckon that its 20 times more dangerous than drink-driving.
Or would you conveniently 'turn a blind eye' because 'everybody else does it' possibly including yourself.

Mod
Pls stay on topic

Grassey

Loss of thumb on texting hand for first offence. Second thumb second offence. Hand for third. Simple, understandable and proportionate.

Mod
Pls stay on topic. afaik we do not have sharia law here, yet

4ensic15

mightybashful wrote: »

If the first time was only recently, a remand in custody is a possiblity. Seen it happen a few times as a lesson.

If they had been remanded in custody, how would the o/p know about it?

Peregrinus

4ensic15 wrote: »

If they had been remanded in custody, how would the o/p know about it?

Per the OP, the offender is a family friend. If your friends are sent to prison, you tend to hear about it fairly quickly, e.g. from their families, from mutual friends.

4ensic15

Peregrinus wrote: »

Per the OP, the offender is a family friend. If your friends are sent to prison, you tend to hear about it fairly quickly, e.g. from their families, from mutual friends.

He was caught last night. Hw wouldn't have contacted his family so quickly if he was in custody.

mightybashful

4ensic15 wrote: »

If they had been remanded in custody, how would the o/p know about it?

Actually meant that an appearance in court on the second offence that a remand was a possibility. Of course depends on the judge etc.

I was in court before when a judge said they were going to remand for a week in jail a second offender to teach them a lesson

4ensic15

mightybashful wrote: »

Actually meant that an appearance in court on the second offence that a remand was a possibility. Of course depends on the judge etc.

I was in court before when a judge said they were going to remand for a week in jail a second offender to teach them a lesson

That is not allowed. There would be a habeus corpus application before the guy had got half way to jail. A defendant has a presumption of innocence. The judge is not supposed to have regard to previous offences until after sentence. Remand in custody is to ensure a person turns up for trial, not as a punishment.

Samuel T. Cogley

4ensic15 wrote: »

He was caught last night. Hw wouldn't have contacted his family so quickly if he was in custody.

Telephone?

4ensic15

Samuel T. Cogley wrote: »

Telephone?

The guards take the phone from anyone arrested for drink driving. They will allow a solicitor to be called from the station. The arrested person is out on the loose before family and acquaintances find out.

hawkeye here

Hi all,

just signed up to this site while searching the web on drink driving offenses cant figure out how to start new thread
so a few weeks back I made a massive mistake while being highly intoxicated,
got into a mates car got about a mile and crashed into the side of an innocent persons parked car, cant remember much but done a runner and got caught by Gardaí a few moments later. was arrested and taken to the barracks where I was interviewed, attempted to blow into intoxiliser which was unsuccessful Gardaí wouldn't believe me that I actually was trying to blow in but I suffer from asthma, agreed to provide urine sample after that. so results from urine sample came back today which states the wrong surname on result document. I by no means deserve to get off with this as anybody drink driving deserves to be punished but I am wondering would this be a technicality. depend on my license so much and I am so worried about this as I never ever drove a car while drinking before with this being completely out of character if there are any legal minded people on here I would appreciate your input.

Samuel T. Cogley

hawkeye here wrote: »

Hi all,

just signed up to this site while searching the web on drink driving offenses cant figure out how to start new thread
so a few weeks back I made a massive mistake while being highly intoxicated,
got into a mates car got about a mile and crashed into the side of an innocent persons parked car, cant remember much but done a runner and got caught by Gardaí a few moments later. was arrested and taken to the barracks where I was interviewed, attempted to blow into intoxiliser which was unsuccessful Gardaí wouldn't believe me that I actually was trying to blow in but I suffer from asthma, agreed to provide urine sample after that. so results from urine sample came back today which states the wrong surname on result document. I by no means deserve to get off with this as anybody drink driving deserves to be punished but I am wondering would this be a technicality. depend on my license so much and I am so worried about this as I never ever drove a car while drinking before with this being completely out of character if there are any legal minded people on here I would appreciate your input.

get a solicitor.

Lmklad

hawkeye here wrote: »

Hi all,

just signed up to this site while searching the web on drink driving offenses cant figure out how to start new thread
so a few weeks back I made a massive mistake while being highly intoxicated,
got into a mates car got about a mile and crashed into the side of an innocent persons parked car, cant remember much but done a runner and got caught by Gardaí a few moments later. was arrested and taken to the barracks where I was interviewed, attempted to blow into intoxiliser which was unsuccessful Gardaí wouldn't believe me that I actually was trying to blow in but I suffer from asthma, agreed to provide urine sample after that. so results from urine sample came back today which states the wrong surname on result document. I by no means deserve to get off with this as anybody drink driving deserves to be punished but I am wondering would this be a technicality. depend on my license so much and I am so worried about this as I never ever drove a car while drinking before with this being completely out of character if there are any legal minded people on here I would appreciate your input.

Here’s hoping you provided the correct surname when arrested or that’s another charge sheet!

4ensic15

Lmklad wrote: »

Here’s hoping you provided the correct surname when arrested or that’s another charge sheet!

It won't be a charge sheet unless he was charged in the station. Doesn't happen when there is a urine sample taken. The guards have to wait on the results and then apply for a summons.

hawkeye here

4ensic15 wrote: »

It won't be a charge sheet unless he was charged in the station. Doesn't happen when there is a urine sample taken. The guards have to wait on the results and then apply for a summons.

I was charged with drink driving with the correct name on summons. Just urine result the name is wrong

Tzardine

hawkeye here wrote: »

Hi all,

just signed up to this site while searching the web on drink driving offenses cant figure out how to start new thread
so a few weeks back I made a massive mistake while being highly intoxicated,
got into a mates car got about a mile and crashed into the side of an innocent persons parked car, cant remember much but done a runner and got caught by Gardaí a few moments later. was arrested and taken to the barracks where I was interviewed, attempted to blow into intoxiliser which was unsuccessful Gardaí wouldn't believe me that I actually was trying to blow in but I suffer from asthma, agreed to provide urine sample after that. so results from urine sample came back today which states the wrong surname on result document. I by no means deserve to get off with this as anybody drink driving deserves to be punished but I am wondering would this be a technicality. depend on my license so much and I am so worried about this as I never ever drove a car while drinking before with this being completely out of character if there are any legal minded people on here I would appreciate your input.

I am going to go ahead and call BS on all of this. Too many troll red flags.

4ensic15

hawkeye here wrote: »

I was charged with drink driving with the correct name on summons. Just urine result the name is wrong

You haven't been charged yet. Just summonsed.

hawkeye here

4ensic15 wrote: »

You haven't been charged yet. Just summonsed.

I got a charge sheet from barracks for drink driving stating I must attend court

4ensic15

hawkeye here wrote: »

I got a charge sheet from barracks for drink driving stating I must attend court

Rubbish. Your last post said you got a summons.

hawkeye here

4ensic15 wrote: »

Rubbish.

I’m lost now? Was arrested and charged. Just not convicted as of yet?

hawkeye here

4ensic15 wrote: »

Rubbish. Your last post said you got a summons.

Apologies, I meant I am summoned to court by the date on charge sheet

4ensic15

It couldn't have happened. How could they have charged you in the garda station when they didn't know if you had committed an offence?

hawkeye here

4ensic15 wrote: »

It couldn't have happened. How could they have charged you in the garda station when they didn't know if you had committed an offence?

They charged me in the Garda station for drink driving and leaving the scene of an accident.

4ensic15

hawkeye here wrote: »

They charged me in the Garda station for drink driving and leaving the scene of an accident.

You couldn't have been charged with drink-driving. They had no basis for doing so.

hawkeye here

4ensic15 wrote: »

You couldn't have been charged with drink-driving. They had no basis for doing so.

That’s what I said on the night, but they said they had a witness and cctv from a neigbouring property, but the car I hit was parked on the footpath, which that person shouldn’t be recording as it’s a public footpath.

4ensic15

hawkeye here wrote: »

That’s what I said on the night, but they said they had a witness and cctv from a neigbouring property, but the car I hit was parked on the footpath, which that person shouldn’t be recording as it’s a public footpath.

Nothing to do with drink driving. Try again.

hawkeye here

4ensic15 wrote: »

Nothing to do with drink driving. Try again.

Basically told me the had enough evidence to charge me with drink driving which they did charge me

4ensic15

hawkeye here wrote: »

Basically told me the had enough evidence to charge me with drink driving which they did charge me

Nonsense.

hawkeye here

4ensic15 wrote: »

Nonsense.

Even though I know I was wrong on the night I hope you are right.

4ensic15

hawkeye here wrote: »

Even though I know I was wrong on the night I hope you are right.

The only thing wrong is the rubbish you are making up. Do what you claim to have done and then let us know what happens.

hawkeye here

4ensic15 wrote: »

The only thing wrong is the rubbish you are making up. Do what you claim to have done and then let us know what happens.

I am sorry you feel this way about my situation. But I promise you anything I’ve said is factual. Thanks for your replies all the same.

4ensic15

hawkeye here wrote: »

I am sorry you feel this way about my situation. But I promise you anything I’ve said is factual. Thanks for your replies all the same.

Who do you think you are fooling?

hawkeye here

4ensic15 wrote: »

Who do you think you are fooling?

Honest to god anything I’ve said is what happened

Tzardine

hawkeye here wrote: »

Honest to god anything I’ve said is what happened

https://i.kym-cdn.com/entries/icons/mobile/000/014/859/BS.jpg

Tzardine

Pls do not post such an url again on LD

sexmag

If Hawkeye admits in the station he commited the offence can he be charged and released on bail in this circumstances ?

nuac

Mod
Thread closed for mod review
Hawkeye Here, pls do not post again on legal discussion