Garda checkpoint refused to give sample =big trouble

Charles Ingles

Help
Title says it all any advice?

Fann Linn

Why the refusal?
Were ye drunk?

highgiant1985

your best bet is to speak to a solicitor but my understanding is if you refuse to give a breath sample it’s as if you’d failed the test.

http://www.citizensinformation.ie/en/travel_and_recreation/motoring_1/driving_offences/drink_driving_offences_in_ireland.html

Del2005

Charles Ingles wrote: »

Help
Title says it all any advice?

Hire a solicitor and download some taxi apps.

Charles Ingles

Honest no drink or drugs involved.
Random check point all tax insurance ntc in order.
Been having metal health problems very serious under care of peita house on antidepressants.
Had a panic attack thought Garda would be laughing at antidepressants crazy I know

Johnny Red Cab

Were you arrested and taken to the station?

Charles Ingles

Johnny Red Cab wrote: »

Were you arrested and taken to the station?

Yes doctor called refused to give blood test.
Charged with refusing at road side and another for refusing doctor.
Been to court twice.

Ultimate Seduction

Sorry now about your mental illness but thats no excuse for not providing a sample, its laughable. Luckily enough the judge will see through it and ban you for a minimum 2 years.

Fann Linn

Charles Ingles wrote: »

Yes doctor called refused to give blood test.
Charged with refusing at road side and another for refusing doctor.
Been to court twice.

And what did the judge say?

Charles Ingles

Ultimate Seduction wrote: »

Sorry now about your mental illness but thats no excuse for not providing a sample, its laughable. Luckily enough the judge will see through it and ban you for a minimum 2 years.

Fair enough I suppose, careful up on that high horse

Charles Ingles

Fann Linn wrote: »

And what did the judge say?

Solicitor keeps asking for more time etc. Says the best thing to buy time before automatic ban

Eric Cartman

used to be a 6 month ban afaik but now its 4 years automatic since the roadside drug test came in. Get a solicitor, judges have let people off for mental health reasons before, not sure how it will work and don't think anyone could advise you much further.


Happened to a friend of mine which is still pending , so no idea how the outcome would be.

s7ryf3925pivug

Charles Ingles wrote: »

Honest no drink or drugs involved.
Random check point all tax insurance ntc in order.
Been having metal health problems very serious under care of peita house on antidepressants.
Had a panic attack thought Garda would be laughing at antidepressants crazy I know

Well it's legal advice so you need to talk to a solicitor. You probably already know that the breathalyzer wouldn't show any medication you were on. I imagine witnesses from the night would be very beneficial, especially independent ones.

punisher5112

So you were brought in for under the influence of drink and or drugs.

You must have been out of it or they wouldn't have brought you in, did you do breath test at the roadside, did you refuse to do so at the road side, was a drug swab taken?....

Why is it laughable?

Were you under the influence of drink?
Drugs is a yes as you were on meds which may well be do not drive while using.

Charles Ingles

Fann Linn wrote: »

And what did the judge say?

Noting yet court next month.
Arresting Garda told me he will say in court he doesn't think I was under the influence of drink or drugs.
It was a random check point at 1pm on a Saturday

punisher5112

Charles Ingles wrote: »

Noting yet court next month.
Arresting Garda told me he will say in court he doesn't think I was under the influence of drink or drugs.
It was a random check point at 1pm on a Saturday

Well don't take that as gospel.

Charles Ingles

Courtney Wrong Fiddle wrote: »

Well it's legal advice so you need to talk to a solicitor. You probably already know that the breathalyzer wouldn't show any medication you were on. I imagine witnesses from the night would be very beneficial, especially independent ones.

Its Was a swab for drug test I refused

punisher5112

Charles Ingles wrote: »

Its Was a swab for drug test I refused

Then you will be banned unless you get a very good solicitor.

s7ryf3925pivug

Charles Ingles wrote: »

Noting yet court next month.
Arresting Garda told me he will say in court he doesn't think I was under the influence of drink or drugs.
It was a random check point at 1pm on a Saturday

Get a letter from your doctor/psychiatrist if you haven't already.

s7ryf3925pivug

punisher5112 wrote: »

Well don't take that as gospel.

Why would they lie?
And why do you want to cause anxiety in someone who's obviously distressed and has panic attacks?

punisher5112

Courtney Wrong Fiddle wrote: »

Why would they lie?
And why do you want to cause anxiety in someone who's obviously distressed and has panic attacks?

Gardai don't lie..,.... Oh dear

s7ryf3925pivug

punisher5112 wrote: »

Gardai don't lie..,.... Oh dear

Not what I said.

Charles Ingles

Courtney Wrong Fiddle wrote: »

Why would they lie?
And why do you want to cause anxiety in someone who's obviously distressed and has panic attacks?

Honest the Garda was a gentleman man.
He told me he had no decression because I had been selected at the check point.
He called me two weeks later to check I was ok seemed genuinely concerned

Ultimate Seduction

What reason did you give at the roadside and at the station for not providing a sample? You didn't want them to know that you had mental illness yet guard rang you later to see if your OK? Fishy.

n!ghtmancometh

Courtney Wrong Fiddle wrote: »

Why would they lie?
And why do you want to cause anxiety in someone who's obviously distressed and has panic attacks?

For an easier life and to avoid needless confrontation. Same reason train/luas inspectors tell people they catch without a ticket that they are just doing their job, and that they (people caught without a ticket) have a good chance of getting a fine cancelled if they appeal.

fergus1001

Charles Ingles wrote:

Honest the Garda was a gentleman man. He told me he had no decression because I had been selected at the check point. He called me two weeks later to check I was ok seemed genuinely concerned

yeah he selected you

Charles Ingles

fergus1001 wrote: »

yeah he selected you

Yes after the first part of the check point another set of Garda waved 5 cars to side of the road for random drug test.
I had a panic attack was going through acute anexity and had been treated for sucidal ideation the two weeks leading up to the arrest

TallGlass

Serious question. Should you really be driving? This aside, if your still having such panic attacks, I would consider consulting with your doctor on driving and checking your insurance if your covered. Known medical conditions need reporting to them.

No offence to you, but 'i had a panic attack while driving' won't sound too good in front of a judge, either.


All you can do is roll with it now and see what happens. Expect a ban, but assuming no ill history with the Gardai, or penalty points, etc. and if you can portrait the image of a saint with a bit of bad luck, you might get let go, but I wouldn't count on it, just incase.


Although if it makes you feel any better,
Mod
Advice suggesting illegal action deleted

Charles Ingles

TallGlass wrote: »

Serious question. Should you really be driving? This aside, if your still having such panic attacks, I would consider consulting with your doctor on driving and checking your insurance if your covered. Known medical conditions need reporting to them.

You know something you might have a point.
I struggle to leave house or get out of bed.
That day I was going to work, if I can't function as a person maybe o shouldn't be driving

tuxy

It's completely irreverent at this stage if you were sober or not.
Failing to provide specimen is what you have been charged with which carries a mandatory 4 year driving ban.

You would need an extremely good reason for not providing a sample and I think only a solicitor could give you an idea of how good your case is.
Can you think of a good reason why it would have been impossible for you to provide a blood sample while in the station?

Wesser

Were you on benzodiazepines? Or z drugs?
If so not safe to drive and would have been detectable on testing.

If not ie just an ssri e.g. lexapro then not detectable with testing. Don't know why you would think a guard would laugh if you're on an antidepressant.

Foweva Awone

By anti-depressants, do you mean benzos/zimmos? Are you taking them as prescribed?

More to this story.

tuxy

Wesser wrote: »

Were you on benzodiazepines? Or z drugs?
If so not safe to drive and would have been detectable on testing.

If not ie just an ssri e.g. lexapro then not detectable with testing. Don't know why you would think a guard would laugh if you're on an antidepressant.

Irreverent, the OP has not been charged with drink or drug driving but refusing to give a valid specimen which is often a more serious offence.

The court can not speculate if someone had drink or drugs in their system with no valid test.
They can only work with the proven fact that a specimen was refused to be given.

baldshin

Charles Ingles wrote: »

Solicitor keeps asking for more time etc. Says the best thing to buy time before automatic ban

Solicitor doesn't give a hoot, and is hoping for as many mentions as possible so they get paid for every appearance, either from you or free legal aid.

Wesser

Yes I agree totally irrelevant
I was just trying to work out the OP s motives for avoiding the test.

Charles Ingles

tuxy wrote: »

It's completely irreverent at this stage if you were sober or not.
Failing to provide specimen is what you have been charged with which carries a mandatory 4 year driving ban.

You would need an extremely good reason for not providing a sample and I think only a solicitor could give you an idea of how good your case is.
Can you think of a good reason why it would have been impossible for you to provide a blood sample while in the station?

I know how serious it is and in a mess.
I actually wish I was drinking would be easier to accept.
Truth is I was sober no penalty point good driving record.
I can only tell judge the truth.
Was even going to offer to do community service in the hope I can keep my licence.
I wouldn't bother posting lies up on this thread why bother?
Maybe some posters don't think I deserve benefit of the doubt.

Charles Ingles

baldshin wrote: »

Solicitor doesn't give a hoot, and is hoping for as many mentions as possible so they get paid for every appearance, either from you or free legal aid.

No I pay my own bills I work have paid solicitor 650 already

tuxy

Wesser wrote: »

Yes I agree totally irrelevant
I was just trying to work out the OP s motives for avoiding the test.

With benzodiazepine a blood test can be done and if you have a valid prescription and the levels in the blood are not above what a doctor has prescribed you will not be charged.
So it wouldn't make any sense to avoid a blood test if you are taking medication as prescribed.

Dante7

tuxy wrote: »

Irreverent, the OP has not been charged with drink or drug driving but refusing to give a valid specimen which is often a more serious offence.

The court can not speculate if someone had drink or drugs in their system with no valid test.
They can only work with the proven fact that a specimen was refused to be given.

Correct. But judges have a definite history of allowing loopholes in drink driving legislation. I'd be interested to see if the OP can pull a fast one here.

Charles Ingles

Dante7 wrote: »

Correct. But judges have a definite history of allowing loopholes in drink driving legislation. I'd be interested to see if the OP can pull a fast one here.

Not trying to pull a fast one,I'm a hard worker and father who hit a very bad period of mental health nearly committed suicide

Dante7

Charles Ingles wrote: »

Not trying to pull a fast one,I'm a hard worker and father who hit a very bad period of mental health nearly committed suicide

I don't mean pulling a fast one personally, more legally.

Charles Ingles

Wesser wrote: »

Were you on benzodiazepines? Or z drugs?
If so not safe to drive and would have been detectable on testing.

If not ie just an ssri e.g. lexapro then not detectable with testing. Don't know why you would think a guard would laugh if you're on an antidepressant.

Xaxax and steraline

tuxy

Charles Ingles wrote: »

I know how serious it is and in a mess.
I actually wish I was drinking would be easier to accept.
Truth is I was sober no penalty point good driving record.
I can only tell judge the truth.
Was even going to offer to do community service in the hope I can keep my licence.
I wouldn't bother posting lies up on this thread why bother?
Maybe some posters don't think I deserve benefit of the doubt.

I believe you and sympathise as I know anyone can panic and do the wrong especially when they are not used to dealing with the garda.

The issue is that you refused to give a sample and do not seem to have a legitimate excuse.

The Judge may even sympathise and feel you were hard done by but his hands are tied when it come to mandatory sentences. He can make the decision on how much the fine is but can not change that it is a minimum 4 years licence suspended. You can apply to have it returned early after 3/4 of the time has passed and you can be sure to get it back at that stage if you do not come before the courts again.

Charles Ingles

Dante7 wrote: »

I don't mean pulling a fast one personally, more legally.

Is there compassion in the law because I could do with it.
I'd gladly do community service instead I know the law is for everyone but I loose my licence I'm out of work

tuxy

Sorry it's actually after 2/3 not 3/4 for early restoration. So 32 months would be the actual time off the road.
I'm not sure what you solicitor is trying to do I don't see any point in dragging it out unless he thinks you have a legitimate defence.

A judge can only be compassionate in giving you a lenient sentence within the guidelines so the monetary fine could be very small and the minimum driving ban for that offence will be 4 years.

drunkmonkey

You panicked, your on prescription drugs, with all the news of fake tests you were terrified to do it, you release in hindsight it was misplaced aprehinsion a side effect of the medicines you were on.

tuxy

Also I forgot one more thing a judge can do. If you need a few months to get things in order before the driving ban starts he can give extra time before you have to hand in your licence. In most cases these requests are granted, especially if you currently drive to work.

baldshin

Charles Ingles wrote: »

Is there compassion in the law because I could do with it.
I'd gladly do community service instead I know the law is for everyone but I loose my licence I'm out of work

There can be in some scenarios, but unfortunately I think you won't find much luck here. As the offence is for failing to provide a specimen, you don't really have anything to argue, it's very black and white. But then, Judges in Ireland are completely unpredictable, and usually to the benefit of the defendant, so you never know.

tuxy

baldshin wrote: »

Judges in Ireland are completely unpredictable, and usually to the benefit of the defendant, so you never know.

IMO this is true in many cases but it's not that they don't find people guilty it's more to do with sentencing but like I said in this case the judges hands are tied when it comes down to mandatory driving licence suspensions.

Ultimate Seduction

Whatever about the swab on side of road but you refused to give a sample to a doctor in the station. No excuse for that.