2 year drink driving ban

Goodguy7

Hi was wondering do any of ye know if you can appeal a drink driving ban after serving half the sentence, I got 2 years. I heard that you have to do 2/3rds which would be 18 months. Can anybody shed some light on this please.
Thanks

GM228

Goodguy7 wrote: »

Hi was wondering do any of ye know if you can appeal a drink driving ban after serving half the sentence, I got 2 years. I heard that you have to do 2/3rds which would be 18 months. Can anybody shed some light on this please.
Thanks

You have to do half the disqualification before applying, not two thirds. However it relates to a disqualification order of more than 2 years and also note it must be the only such order made in the previous 10 years.

You also are required to give notice to the Garda Superintendent in the district where you live 2 weeks before applying to the court.

Goodguy7

GM228 wrote: »

You have to do half the disqualification before applying, not two thirds. However it relates to a disqualification order of more than 2 years and also note it must be the only such order made in the previous 10 years.

You also are required to give notice to the Garda Superintendent in the district where you live 2 weeks before applying to the court.

Thanks for getting back to me so promptly, so I can’t apply then because I got two years am I right in saying that.

GM228

Goodguy7 wrote: »

Thanks for getting back to me so promptly, so I can’t apply then because I got two years am I right in saying that.

Correct, you can only apply if the disqualification is for more than 2 years and the minimum time which must be served is 2 years anyway before a licence can be restored.

The reality is you must have at least a 3 year ban before an early restoration is an option.

Goodguy7

GM228 wrote: »

Correct, you can only apply if the disqualification is for more than 2 years and the minimum time which must be served is 2 years anyway before a licence can be restored.[/quote

Would a judge or have you ever come across a judge restore a license due to a persons circumstances

GM228

Goodguy7 wrote: »

Would a judge or have you ever come across a judge restore a license due to a persons circumstances

Generally not, licences can be restored in rare circumstances for "special reasons", but such reasons usually surround the nature of the offence as opposed to personal reasons such as for example work related hardships caused by the loss of the ability to drive to/from or for work, the courts have held that such reasons are rarely if ever a special reason.

Peregrinus

Goodguy7 wrote: »

GM228 wrote: »

Correct, you can only apply if the disqualification is for more than 2 years and the minimum time which must be served is 2 years anyway before a licence can be restored.[/quote

Would a judge or have you ever come across a judge restore a license due to a persons circumstances

Yes, but only where they have power to do so. And they only have power to do so where the disqualification period is more than two years, and at least 50% of has already been served.

If what you have is a two-year disqualification, a judge has no power to reduce that.

Try_harder

You could appeal the severity of the sentence. You would now need an entension of time to appeal first as you are outside the 14 day limit to appeal regularly. Talk with your legal advisor

Goodguy7

Peregrinus wrote: »

Goodguy7 wrote: »

Yes, but only where they have power to do so. And they only have power to do so where the disqualification period is more than two years, and at least 50% of has already been served.

If what you have is a two-year disqualification, a judge has no power to reduce that.

Thanks for the advice lads really much appreciated really cleared the whole thing up for me. Was going to contact a solicitor as I was close to to year mark just will have let the two years run it’s coarse. The thing that gets to me though is a person who is 10 times over the limit has more of a right to appeal rather than a person who was 1 & 1/2 times over and caught the morning after going to work.

Goodguy7

Try_harder wrote: »

You could appeal the severity of the sentence. You would now need an entension of time to appeal first as you are outside the 14 day limit to appeal regularly. Talk with your legal advisor

Is this really possible would a judge listen to an appeal this way. The other guys were saying the judge dosent have the power to overturn a 2 year disqualifation.

Try_harder

Goodguy7 wrote: »

Is this really possible would a judge listen to an appeal this way. The other guys were saying the judge dosent have the power to overturn a 2 year disqualifation.

They were talking about an early restoration. Im talking about an appeal!

Goodguy7

Try_harder wrote: »

They were talking about an early restoration. Im talking about an appeal!

But could that type of appeal lead to an early restoration of say 2/3rds of a 2 year disqualification. Sorry now legally I’m blonde ðŸ˜
Thanks for the advice

GM228

Try_harder wrote: »

You could appeal the severity of the sentence. You would now need an entension of time to appeal first as you are outside the 14 day limit to appeal regularly. Talk with your legal advisor

Such extensions are rarely given especially 12 months later.

Also note that depending on the circumstances 2 years is the mandatory statutory minimum for certain disqualifications, assuming that is the case then there is no appeal based on severity possible.

Peregrinus

Goodguy7 wrote: »

Is this really possible would a judge listen to an appeal this way. The other guys were saying the judge dosent have the power to overturn a 2 year disqualifation.

There's a difference between:

(a) going back to the court that convicted and sentenced you - presumably the District Court - and asking for a reduction in your disqualification period. As stated, there's no power to reduce a two-year disqualication, so this avenue isn't open to you.

and

(b) appealing your conviction and/or sentence to a higher court - presumably the Circuit Court.

You can argue that the evidence against you doesn't prove your guilt and that you should never have been convicted. If you succeed, not only the disqualification but the entire sentence falls away and you leave the court an innocent man (or woman), without a stain on your character.

Or, you can accept your guilt, but argue that the sentence - and particularly the disqualification - was excessive, given all the circumstances of the offence, the range of sentences handed down for similar offences, etc, etc. Obviously since we don't know what you were convicted of or any of the details there's no way of knowing if such an appeal would have any chance of success. You'd also need to look at whether the offence you were convicted for carries a minimum two-year disqualification, in which case there is no point in appeal on the grounds that the disqualification is too severe.

Also, if you were going to bring such an appeal you would normally have to do so within 14 days of conviction and sentence, and you'll need to seek special permission to appeal at this stage, and offer some explanation as to why you couldn't or didn't appeal within the usual time.

Try_harder

GM228 wrote: »

Such extensions are rarely given especially 12 months later.

Also note that depending on the circumstances 2 years is the mandatory statutory minimum for certain disqualifications, assuming that is the case then there is no appeal based on severity possible.

Drink driving didnt have a minimum, even now its from 6 months. Thats why I said talk to a legal advisor

Try_harder

Peregrinus wrote: »

He doesn't have the power to reduce a two-year disqualification. But if you successfully appeal your conviction to the Circuit Court, the disqualification - the whole sentence that was imposed on conviction - will fall away automatically as a consequence. You'll be an innocent man (or woman).

But you can't win an appeal against conviction on the basis that "it's really inconvenient for me" or "it's causing me hardship" or even "I've learned my lesson". You can only win on the basis that the evidence doesn't prove your guilt, and that you should never have been convicted in the first place.

You can also appeal the severity of a sentence

GM228

Try_harder wrote: »

Drink driving didnt have a minimum, even now its from 6 months. Thats why I said talk to a legal advisor

Yes it does depending on the reading.

Try_harder

GM228 wrote: »

Yes it does depending on the reading.

Thats why I advised talking to a legal rep. They can best advise how to proceed- if at all

Goodguy7

Peregrinus wrote: »

He doesn't have the power to reduce a two-year disqualification. But if you successfully appeal your conviction to the Circuit Court, the disqualification - the whole sentence that was imposed on conviction - will fall away automatically as a consequence. You'll be an innocent man (or woman).

But you can't win an appeal against conviction on the basis that "it's really inconvenient for me" or "it's causing me hardship" or even "I've learned my lesson". You can only win on the basis that the evidence doesn't prove your guilt, and that you should never have been convicted in the first place.

Do ye know of any good legal advisors in Cork my circumstances or as follows the night in question I was driving enroute to my elderly mother who was suffering with cysts at the back of her knees and she couldn’t move she called me to help her get her up the stairs to bed. Now having a 5 month baby and a wife who has post natal depression and not been able to look after them both properly due to living rurally and working in the city hence Not seeing them a week at a time is causing my wife more suffering.

Peregrinus

I don't know what you were convicted of, Goodguy, or what the range of sentencing for that offence is. But in general your circumstances today are not relevant to the question of whether the sentence imposed on you a year ago was excessive at the time.

I'm afraid I can't recommend a solicitor in Cork for you; I don't have the local knowledge and, anyway, the forum doesn't allow solicitor recommendations. But you're thinking along the right lines; you've reached the point where you need advice from an experienced practitioner about what might be possible in your case.

Goodguy7

Peregrinus wrote: »

I don't know what you were convicted of, Goodguy, or what the range of sentencing for that offence is. But in general your circumstances today are not relevant to the question of whether the sentence imposed on you a year ago was excessive at the time.

I'm afraid I can't recommend a solicitor in Cork for you; I don't have the local knowledge and, anyway, the forum doesn't allow solicitor recommendations. But you're thinking along the right lines; you've reached the point where you need advice from an experienced practitioner about what might be possible in your case.

52mg of alcohol per 100ml of breath and got two years the guard said in the statement that he though I was going to drive off. Which lies I asked for water at the station they wouldnt give me that so they’ve just got me to the a breathalyzer test straight away so no time given to reim

GM228

Goodguy7 wrote: »

52mg of alcohol per 100ml of breath and got two years the guard said in the statement that he though I was going to drive off. Which lies I asked for water at the station they wouldnt give me that so they’ve just got me to the a breathalyzer test straight away so no time given to reim

52mg of alcohol per 100ml of breath is a mandatory minimum 2 year disqualification, it is simply not possible to appeal the severity as it is set by statute and already at the minimum.

ohnonotgmail

Goodguy7 wrote: »

52mg of alcohol per 100ml of breath and got two years the guard said in the statement that he though I was going to drive off. Which lies I asked for water at the station they wouldnt give me that so they’ve just got me to the a breathalyzer test straight away so no time given to reim

They have to wait 20 minutes from the time of arrest before they breathalyze you in the station. They wont let you consume anything in this time. They have no reason to wait beyond this time. I cant make out what the last word in your post is supposed to be.

GM228

ohnonotgmail wrote: »

They have to wait 20 minutes from the time of arrest before they breathalyze you in the station.

They don't have to (though they generally do wait), rather they lawfully can do so under the principles of "reasonable necessity" as per a recommendation from the Medical Bureau of Road Safety which is based on the manufacturer guidlines of the original  EC/IR and Intoxilyzr 6000 machines made by Intoximeter and Lion respectively, the newer Evidenzer IRL machines by Nanoplus AB don't have such a guidline in relation to the 20 minutes, however the 20 minutes are still observed as recommended by the MBRS to ensure an accurate test.

The idea behind the observation test is to mitigate againt fresh alcohol in the mouth and any potential hip flask type defence being raised. It is not a legal requirement (just a lawful practice) and failure to observe the period does not in and of itself make the test unlawful.

ohnonotgmail

GM228 wrote: »

They don't have to, rather they lawfully can do so under the principles of "reasonable necessity" as per a recommendation from the Medical Bureau of Road Safety which is based on the manufacturer guidlines of the original EC/IR and Intoxilyzr 6000 machines made by Intoximeter and Lion respectively, the newer Evidenzer IRL machines by Nanoplus AB don't have such a guidline in relation to the 20 minutes, however the 20 minutes are still observed as recommended by the MBRS to ensure an accurate test.

The idea behind the observation test is to mitigate againt fresh alcohol in the mouth and any potential hip flask type defence being raised. It is not a legal requirement (just a lawful practice) and failure to observe the period does not in and of itself make the test unlawful.

Maybe have to was a little bit strong. By the time the transport you to the station, get you booked in, and are ready to do the test it is probably the best part of 20 minutes anyway. Especially given the station they take you to may not necessarily be the local station.

Hespy

Goodguy7 wrote: »

....rather than a person who was 1 & 1/2 times over ....

Goodguy7 wrote: »

52mg of alcohol per 100ml of breath ....

Breath limit is 22mg/100ml - 2.36 times the limit.
I'm not having a go, I'm only pointing out this because if you were to appeal and mentioned 1.5 times, it could go against you!

Eric Cartman

Hespy wrote: »

Breath limit is 22mg/100ml - 2.36 times the limit.
I'm not having a go, I'm only pointing out this because if you were to appeal and mentioned 1.5 times, it could go against you!

true , but if you look at the garda twitter thread in motors, most who are caught here are regularly at 80-110 in breath, the OP is very much at the lower end of the scale and under the old 0.08 BAC is just over the threshold.

Hespy

Eric Cartman wrote: »

true , but if you look at the garda twitter thread in motors, most who are caught here are regularly at 80-110 in breath, the OP is very much at the lower end of the scale and under the old 0.08 BAC is just over the threshold.

Just had a look there - insane! I do feel for people who get done the morning after. Best to get a breathalyzer and keep it in the glove box just incase!
Was at a stag a few weeks ago. Tested myself at 10.30am the following morning and was reading 48 breath (limit 22). Passed the tester around the table. Others were above 50, and a couple of large, heavy drinkers were blowing completely clear! It was 1.30pm before I was blowing safely under 22mg and could head on my way!

Goodguy7

Hespy wrote: »

Just had a look there - insane! I do feel for people who get done the morning after. Best to get a breathalyzer and keep it in the glove box just incase!
Was at a stag a few weeks ago. Tested myself at 10.30am the following morning and was reading 48 breath (limit 22). Passed the tester around the table. Others were above 50, and a couple of large, heavy drinkers were blowing completely clear! It was 1.30pm before I was blowing safely under 22mg and could head on my way!

Sorry guys just woke was on nights last night and I’m just after reading yere threads thanks to ye all for replying I’ll have to seriously think about what to do, a legal advisor might be the right way forward to appeal it

4ensic15

Goodguy7 wrote: »

Sorry guys just woke was on nights last night and I’m just after reading yere threads thanks to ye all for replying I’ll have to seriously think about what to do, a legal advisor might be the right way forward to appeal it

An appeal is only going to do anything if it gets the conviction quashed. That will only happen if you get an extension of time to appeal anyway. It would be months before you even have an appeal hearing in the Circuit Court even if you could get an extension of time. You would be spending a lot of money for a tiny chance of having the conviction overturned and getting back on the road a few months early.

Goodguy7

4ensic15 wrote: »

An appeal is only going to do anything if it gets the conviction quashed. That will only happen if you get an extension of time to appeal anyway. It would be months before you even have an appeal hearing in the Circuit Court even if you could get an extension of time. You would be spending a lot of money for a tiny chance of having the conviction overturned and getting back on the road a few months early.

So would your advice be just to let it run its coarse and not bother appealing then.

Hhugedick

Goodguy7 wrote: »

Peregrinus wrote: »

Thanks for the advice lads really much appreciated really cleared the whole thing up for me. Was going to contact a solicitor as I was close to to year mark just will have let the two years run it’s coarse. The thing that gets to me though is a person who is 10 times over the limit has more of a right to appeal rather than a person who was 1 & 1/2 times over and caught the morning after going to work.

Ah man please don't play the victim here, 10 times, 3 times or 20 times over the limit. You broke the law, take your punishment

Goodguy7

Hhugedick wrote: »

Goodguy7 wrote: »

Ah man please don't play the victim here, 10 times, 3 times or 20 times over the limit. You broke the law, take your punishment[/quote

Hhugedick

Goodguy7 wrote: »

Hhugedick wrote: »

Why don’t take a hike nothing to do with you if I’m asking for advice from people with legal knowledge.

You think your talking to people with legal knowledge? What if I have the authority to talk on the subject, did that not cross your mind? I see it everyday in court. People who break the law and then expect to wriggle out of the punishment. The best thing you could do now is accept your punishment and stop drinking and driving. If your caught again the judge may not be so lenient on you. Did you ever spare a thought for the family who have lost loved ones due to drink drivers. No I expect you have not. Coming on here seeking advice on wriggling out of your punishment. You should count yourself lucky you only got two years ban. Prison would have been more a fitting sentence. The cheek of you

Goodguy7

Hhugedick wrote: »

Goodguy7 wrote: »

You think your talking to people with legal knowledge? What if I have the authority to talk on the subject, did that not cross your mind? I see it everyday in court. People who break the law and then expect to wriggle out of the punishment. The best thing you could do now is accept your punishment and stop drinking and driving. If your caught again the judge may not be so lenient on you. Did you ever spare a thought for the family who have lost loved ones due to drink drivers. No I expect you have not. Coming on here seeking advice on wriggling out of your punishment. You should count yourself lucky you only got two years ban. Prison would have been more a fitting sentence. The cheek of you

The cheek of you for thinking you can be condescending towards me, every man woman and child have the right to appeal a conviction. The people who have committed the most viscious crimes in this country Murder, rape, child abuse have the right to appeal a conviction and your telling me a person who commits a driving offense dosent. Piss off man you have nothing I want to hear go back in court tomorrow and listen all the people wiggling you looking on with your hugedick ya clown

Hhugedick

Goodguy7 wrote: »

Hhugedick wrote: »

The cheek of you for thinking you can be condescending towards me, every man woman and child have the right to appeal a conviction. The people who have committed the most viscious crimes in this country Murder, rape, child abuse have the right to appeal a conviction and your telling me a person who commits a driving offense dosent. Piss off man you have nothing I want to hear go back in court tomorrow and listen all the people wiggling you looking on with your hugedick ya clown

Let's call a spade a spade here, your not appealing your conviction because if you are your about 9 or 10 months late according to the time served you told us on this site. What your trying to do is asking a judge to end your punishment early. That's not appealing your conviction. I'm sure your solicitor made it very clear to you when you received your ban that appealing it was and is futile as it's mandatory. If you tried there would be real prospect of the judge increasing your ban. So let's get this nonsence that your entitled to appeal your ban rubbished. Your trying to get your punishment ended early. As I said before man up and take your punishment. Your not the victim here. Oh by the way save your money that solicitor would have charged you. Two year driving bans don't get cut in half. Never ever. I know the public perception is judges are soft but there not that soft. Count yourself lucky you only got two years. The arrogance of you.

Goodguy7

Hhugedick wrote: »

Goodguy7 wrote: »

Let's call a spade a spade here, your not appealing your conviction because if you are your about 9 or 10 months late according to the time served you told us on this site. What your trying to do is asking a judge to end your punishment early. That's not appealing your conviction. I'm sure your solicitor made it very clear to you when you received your ban that appealing it was and is futile as it's mandatory. If you tried there would be real prospect of the judge increasing your ban. So let's get this nonsence that your entitled to appeal your ban rubbished. Your trying to get your punishment ended early. As I said before man up and take your punishment. Your not the victim here. Oh by the way save your money that solicitor would have charged you. Two year driving bans don't get cut in half. Never ever. I know the public perception is judges are soft but there not that soft. Count yourself lucky you only got two years. The arrogance of you.

By the way the judge can’t increase the original judgment. So I will be appealing, you can still appeal up to what ever time you want. It might take months to be heard. But it would be heard through the severity of the judgement or evidence which has been missed by my former solicitor.
Thanks you’ve been a great help smalldick thanks for coming

Hhugedick

Goodguy7 wrote: »

Hhugedick wrote: »

By the way the judge can’t increase the original judgment. So I will be appealing, you can still appeal up to what ever time you want. It might take months to be heard. But it would be heard through the severity of the judgement or evidence which has been missed by my former solicitor.
Thanks you’ve been a great help smalldick thanks for coming

Naive as well as a drink driver. You couldn't make it up.

Goodguy7

Hhugedick wrote: »

Goodguy7 wrote: »

Naive as well as a drink driver. You couldn't make it up.

ev

Well we know exactly what your not made up of, a hugedick and a pair of balls. You’re the type I dispise a bend over kind of guy who’ll take what ever he can get or sorry that’s given to him by the establishment. I let ya know when Hiram Abiff calls round I’ll send him straight over to you 😘

4ensic15

Goodguy7 wrote: »

Hhugedick wrote: »

By the way the judge can’t increase the original judgment.

A judge certainly can increase the original punishment. It seldom happens, but it does. I do think that if you have 12 months done of the mandatory ban, your chances of being allowed a late appeal are low and your chances of having the conviction overturned are far slimmer still then waiting it out is the only sensible thing to do. It would cost about 3-4k to attempt to overturn the conviction, would take several months with a very low chance of success and there is as much chance of the ban going up as going away.

Tipsy McSwagger

Goodguy7 wrote: »

Hhugedick wrote: »

ev

Well we know exactly what your not made up of, a hugedick and a pair of balls. You’re the type I dispise a bend over kind of guy who’ll take what ever he can get or sorry that’s given to him by the establishment. I let ya know when Hiram Abiff calls round I’ll send him straight over to you ��

All you have done is make excuses and now resorted to name calling. You broke the law and you were punished, deal with it. How in the hell would a judge show leniency to someone who won’t take responsibility for their actions? With your attitude the judge would probably give you another 2 years.

GM228

+1 to what 4ensic15 has said.

OP there are those of us here who know what we are talking about (Peregrinus and 4ensic15 for example) so you should take note of what has been said.

There is not much more on the matter that can be said, advice is against the charter and in light of the fact that the thread seems to be descending into something analogues to school yard bickering it's time for me to say adiós.

Hhugedick

Goodguy7 wrote: »

Hhugedick wrote: »

ev

Well we know exactly what your not made up of, a hugedick and a pair of balls. You’re the type I dispise a bend over kind of guy who’ll take what ever he can get or sorry that’s given to him by the establishment. I let ya know when Hiram Abiff calls round I’ll send him straight over to you 😘

Naive, drink driver and a coward. Jesus you really believe your a victim don't you? Take your punishment and promise yourself that you won't put innocent people in danger ever again.

Hhugedick

Tipsy McSwagger wrote: »

Goodguy7 wrote: »

All you have done is make excuses and now resorted to name calling. You broke the law and you were punished, deal with it. How in the hell would a judge show leniency to someone who won’t take responsibility for their actions? With your attitude the judge would probably give you another 2 years.

Tipsy, I told him last night that he should take his punishment and be a man about it but he is suffering from a bad case of I'm the victim. I also told him that two year bans can not be appealed 10 months after it has been handed down as they are mandatory. Must appeal within 14 days. I then told him that two year bans can't be reduced and that's not the judge saying that. That's the law. There is a bad case of not accepting that he done wrong. Name calling was the last bite of a dying wasp.

Robbo

Moderation: Thread closed due to lack of civility. OP appears to have the information he requires.