Really messed up - drink driving

Whydoidonow999

Hi all,

Thanks for reading this. I've really messed up. I was caught drink driving. I'm not looking for sympathy I'm so ashamed of myself. I'll be calling a solicitor on Monday for proper legal advice but I can't stop thinking about it.

It's my first time being in trouble with the gardai. I refused to give a breath test/ blood test. I knew I'd fail. I realise now I should have supplied one anyway. Also I asked for a female garda for some reason I thought this would buy me time. I did offer to give a sample before leaving the garda station but they said it was too late. I didn't think I'd get caught as I crashed the car on purpose, it was a very poor suicide attempt. I've checked myself into a mental hospital as I don't trust myself at home right now. Even though the suicidal thoughts have passed.

I'm horrified at what I've done and the thought that I could have hurt someone else. I just don't know what to expect. My court date isn't for nearly a month and I know I have to put it out of my head to try and concentrate on getting better. Anyone any experience with not providing a sample?

Thanks

Fann Linn

Whydoidonow999 wrote: »

Hi all,

Thanks for reading this. I've really messed up. I was caught drink driving. I'm not looking for sympathy I'm so ashamed of myself. I'll be calling a solicitor on Monday for proper legal advice but I can't stop thinking about it.

It's my first time being in trouble with the gardai. I refused to give a breath test/ blood test. I knew I'd fail. I realise now I should have supplied one anyway. Also I asked for a female garda for some reason I thought this would buy me time. I did offer to give a sample before leaving the garda station but they said it was too late. I didn't think I'd get caught as I crashed the car on purpose, it was a very poor suicide attempt. I've checked myself into a mental hospital as I don't trust myself at home right now. Even though the suicidal thoughts have passed.

I'm horrified at what I've done and the thought that I could have hurt someone else. I just don't know what to expect. My court date isn't for nearly a month and I know I have to put it out of my head to try and concentrate on getting better. Anyone any experience with not providing a sample?

Thanks

Do hope you're not too badly shaken physically and hopefully the hospital will look after you with your other issues.
Your main goal now should be concentrating on getting well and not dwelling on the incident with the car tonight.
By all means get in touch with a solicitor but by you engaging with services almost immediately it will at least afford some mitigation later.
I really do wish you well and will think of you in my prayers.
Take care.

Sonic the Shaghog

Surely if you have no priors and the fact you've checked into a mental health facility and also it was a suicide attempt I can't see any judge doing more than a driving ban and fine maybe

Like I can't see a jail sentence if that's what you are thinking of

RobAMerc

driving ban and maybe a fine - how bad really ?
concentrate on getting well - far more important

Mod
Talk to your solicitor on issues raised. Leaving open for general discussion subject to forum rules

Whydoidonow999

Thanks everyone. Just trying not to dwell on it right now because there is nothing I can do. I'll contact the solicitor on Monday and see what they say.

Going to go for a check up in here too I'm still in a fair amount of pain I probably should have gone to see a doctor after being released from the garda station but I didn't so no point on should a could a would have's now.

I just hope it's not a really long ban we live in the middle of no where so I'll be even more isolated than before but I'll just have to take my punishment like a big girl

coylemj

OP, you said in your first post that 'My court date isn't for nearly a month'. Have you received a summons already?

Smee_Again

When we’re you caught?

coylemj

coylemj wrote: »

OP, you said in your first post that 'My court date isn't for nearly a month'. Have you received a summons already?

I'd imagine she was charged with failure or refusal to give a sample.
OP, the penalties are the same as drunk driving, I don't know what they are anymore, it's been a while since I had anything to do with drink driving.
No harm seeing a solicitor & getting some advise

whomitconcerns

Hope you get well soon op.

BUT

You were drink driving and could have killed someone else. So I'm sorry but I hope it's a long ban. I assume if you were trying to kill yourself you were probably very drunk?

Paddygreen

You’ll be fine. First offense like that I presume and there were mitigating circumstances apart from your alcohol consumption before you drove. Seek some sort of counseling/therapy and that will stand well to you in court. You will be banned, but hopefully it will be lenient all things considered.

Foweva Awone

Sounds like you're in the right place, just make sure you're fully open and honest with the doctors in there, they will be able to help you. Also ask if they can link you in with a social worker, they probably have some on staff or else associated with the hospital, they may be able to advise you too.

By the way, you are probably going to need a letter from the hospital for court when the time comes. Make sure you do what's asked for you (i.e. whatever treatment program they recommend) and definitely do not discharge yourself against medical advice ... Tempting as it may be... It'll do you no favours when you go to court.

Plumbthedepths

Don't worry about the legal aspect, hire a solicitor to represent you. Look after your mental health far more important. Hope you get the help you need.

MrsBean

I had a friend go through a similar experience with almost identical circumstances. No priors and failed suicide attempt. They engaged with counselling immediately and continued to for a long time. The court result was a fine and a driving ban, can't remember how long for or how much of a fine. I don't know if there is an additional penalty for refusal to provide a sample. I would advise being truthful with medical professionals, solicitor, Gardai, judge and yourself from here on out. I will say this though, it was about a year and a half or so before the case was actually heard in court, so be prepared for that. The friend is thankfully in a much better place now, has recovered really well from the dark period in their life and is now a beacon of positivity.

On a empathetic note, you are likely processing a very large range of emotions right now and that can be overwhelming. As other posters have said engaging with the correct services is the most important thing you can do right now. Prioritise your mental health and wellbeing and resolving the underlying causes of your behaviour. You will need to process the guilt and shame too in time, so I would recommend finding a counsellor or therapist that you feel comfortable with to work through that. You may have made some poor choices but you are not a bad person. Very best of luck to you.

moceri

You will receive an automatic 4 year ban and fine for refusing to supply a sample. The judge has no discretion on this. You should also check that you are not being charged with dangerous driving. In any event...you should see a solicitor for legal advice.
You can apply for your licence to be restored after 2/3 of the suspension term has passed.
Looking at the big picture...the driving Ban is insignificant... looking after your mental health is far more important.

Sonic the Shaghog

If you are worried about being stuck without a car rurally would moving to a large town or city be an option? There might be more outlets to help you socialize etc?

I could be wrong on your circumstances just throwing it out in case it helps hope you are doing ok

moceri

moceri wrote: »

You will receive an automatic 4 year ban.

I don't believe that it is anywhere near this OP. Probably 6 or 12 months.
Your solicitor will advise

harmless

As said you will get the harsher penalty of a 4 year driving ban because refusal is considered more serious than blowing a high alcohol level. This a mandatory ban length and out of the judges control.
However you can apply for your license back after 2/3 of the ban period have passed and it will be granted once you do not appear before the courts in the mean time.
So expect to be off the road for 32 months. You can also ask the judge to postpone the start of the ban for a few months if you need time to find alternative transport.
You will also be fined a few hundred euro and this amount is at the judges discretion but for a first offense expert it to be reasonably low unless you have a very high income level.

As for the legal process, if you are pleading guilty it will be over very fast once called in front of the judge. (probably 5-10 minutes)
The process is much longer if you plead guilty as you will be cross examined by a member of the Garda who will try to find flaws in your defense.

Whydoidonow999

Thanks for the advice. I think it's a summons I have a court date set in a few weeks.

Moving to a larger area isn't an option unfortunately. So I might as well get started on the ban asap public transport is non existent here so there is nothing else to arrange. Which will really affect trying to get a job. I'm trying not to think overly long term right now and just concentrate on what I am being told in here and listen to the doctors.

I did finally agree to the breath test but it was after about 2 hours so they said it was too late. I can't dwell on that though as there is nothing I can do to change that.

I will take on board what the solicitors says as I've told one friend and their advice is brutal they are saying to lie through my teeth but 1 I'm not comfortable doing that and 2 I'm not a great liar I would 100% trip myself up. She even advised not telling the solicitor the full truth but that seems counterproductive.

I'll take out a loan if I get fined a lot. I've been unemployed all this year and have next to no savings.

I am so glad I didn't hurt anyone else that is something I could never have forgiven myself for. The chances were unlikely though. I was on a very rural road and when I crashed I hadn't drank much (around 2 shots) but when the car wouldn't start and I was stuck in the ditch I cracked into the drink. Which I know was incredibly stupid, I was still in the car. I got a fair wack of it into me before the garda arrived. I had just really given up caring about myself and about any consequences. Now my thinking is clearing up a bit I do care.

Sonic the Shaghog

Eh no most certainly do not take out take out a loan to pay any fine if you are unemployed and no savings. You can't draw blood from a stone. Worst is a small amount taken from your dole each week.

Robbo

Look, I know we all miss the pub on a Friday night but there have to be better outlets for shaggy dog stories.