DUI charge

kit2021 · 27-10-2021 7:35pm #1

Person charged with drink driving on a learners permit, no accompanying driver.

At red cow luas station, braking to take the bend and foot slipped onto accelerator, panicked and ended up crashing into a tree. No injury, no airbag inflated.

Luas staff called gardai to the scene.

Failed roadside breathalyzer and taken to station. Not given printout so doesn’t know reading.

Person admitted to drinking earlier that day. Likely to be above the threshold for learners limit. Person felt fine to drive, very short drive home (3 minutes)

At station was read rights (could barely hear as was rushed and spoken through a mask and screen and was not asked if they would like legal or medical aid at the time (may have been informed but in shock and distressed and couldn’t hear properly)

Was asked if any tattoos, no height taken, no fingerprints taken.

Person was coherent, co-operative and provided blood sample at the station. Did not request independent sample when offered, signed 2 forms and was keen to get home, left the station and was informed lab results would be posted within 2 weeks.

Gave keys to Garda who was going to attempt to drive the vehicle out. Was taken to gannons towing facility.

Very anxious as healthcare professional and conviction could jeopardize job.

Aware of serious nature of offense and poor judgement. Also that ban is likely and judge has no discretion.

Wants to avoid criminal conviction.

Aware that this forum is not for legal advice and is seeking same but not much advice can be given without the lab result.

Would appreciate input as currently suffering from depression and anxiety which has been hugely exacerbated.

Would appreciate input from other posters if there is any chance of getting an acquittal

Thanks in advance

27-10-2021 7:41pm

It's a road traffic conviction, not a criminal conviction.

Fandymo · 27-10-2021 7:44pm

Between learner driver with no accompanying passenger, over the limit and crashing. No. I can’t see any chance of an acquittal whatsoever. And rightly so.

Atlantic Dawn · 27-10-2021 7:44pm

I have heard cases getting thrown out where there was no witness to the person actually driving or admitting to driving. If such an attempt failed in court the person would likely be in the media as they would if they got away with it.

Azizur Rahman · 27-10-2021 7:57pm

https://www.boards.ie/discussion/comment/118081926#Comment_118081926

A road traffic conviction is still a criminal conviction.

The prosecution would need to give evidence that you were driving the vehicle. This could be done through CCTV but depends on location. See this article re evidence of driving. https://www.advertiser.ie/galway/article/33038/drink-driving-case-dismissed-due-to-lack-of-evidence-of-driving-time

27-10-2021 8:00pm

https://www.boards.ie/discussion/comment/118082013#Comment_118082013

No, it's really not.

Ljmscooter · 27-10-2021 8:08pm

Some health care professional.

Lucky noone was killed.

Azizur Rahman · 27-10-2021 8:09pm

https://www.boards.ie/discussion/comment/118082026#Comment_118082026

Except it is. Some road traffic offences will land you in prison.

27-10-2021 8:10pm

https://www.boards.ie/discussion/comment/118081950#Comment_118081950

Luas staff called gardai. Quite possibly witnesses?

27-10-2021 8:10pm

https://www.boards.ie/discussion/comment/118082068#Comment_118082068

Some will.

drink driving once will not.

Witcher · 27-10-2021 8:13pm

This isn't a re reg of that troll that used to go on about his drug driving case is it? With the story that changed every time it was told.

Getting the same vibes here.

sugarman20 · 27-10-2021 8:14pm

Hi OP

Get yourself a good solicitor, It's the best thing you can do now.

Azizur Rahman · 27-10-2021 8:15pm

https://www.boards.ie/discussion/comment/118082074#Comment_118082074

But my main point still stands a road traffic conviction is still a criminal conviction, viewed to be on the minor side depending on the offence.

Donald Trump · 27-10-2021 8:18pm

Very short 3 minute drive = reasonably short walk home and short walk back for car when sober.

Atlantic Dawn · 27-10-2021 9:25pm

https://www.boards.ie/discussion/comment/118082069#Comment_118082069

Yes to the aftermath, in a court of law they may not be able to confirm with certainty that the person was seen driving the car.

kit2021 · 27-10-2021 9:40pm

Thanks for comments, appreciated. 15 minute walk home but late at night and person has been sexually abused in the past and not long out of abusive relationship, nervous to walk alone at dark

clog · 27-10-2021 9:42pm

Depending on the nature of their profession they could be in trouble with CORU or similar

27-10-2021 10:10pm

https://www.boards.ie/discussion/comment/118082463#Comment_118082463

You don't know whether they saw the accident or not. Which is why I said they are possibly a witness.

Peregrinus · 28-10-2021 2:28am

https://www.boards.ie/discussion/comment/118082074#Comment_118082074

A drink-driving offence is unlikely to result in a prison sentence, particularly for a first offence, but it can: the maximum penalty is €5,000 or 6 months imprisonment or to both.

And, yes, it absolutely is a criminal offence, regardless of the sentence imposed.

https://www.boards.ie/discussion/comment/118082463#Comment_118082463

OP doesn't say, but the person concerned may have admitted to the guards at the scene that they were driving. Plus, OP does say that person concerned handed the car keys to the guards, and their possession of the keys after the accident, with no other passenger in the car, would corroborate any admission they made that they were driving.

ohnonotgmail · 28-10-2021 9:15am

https://www.boards.ie/discussion/comment/118082463#Comment_118082463

If they seen the person in the car after it had crashed that would be good enough.

Ash.J.Williams · 28-10-2021 9:18am

https://www.boards.ie/discussion/comment/118082561#Comment_118082561

that's not an acceptable excuse

spurious · 28-10-2021 9:23am

Having a conviction (if they are convicted when it reaches court) need not necessarily mean losing their job, though they will have to declare the conviction next Garda screening. The HR department may then decide what to do.

HOWEVER - any small chance they might have will depend on stopping drinking, entering some sort of education/treatment programme and trying to show that there is no chance this will happen again. Driving unlicensed having drink taken shows very poor judgement and many judges are keen to make examples.

ohnonotgmail · 28-10-2021 9:25am

https://www.boards.ie/discussion/comment/118083786#Comment_118083786

none of that will prevent a conviction. Drink driving is a strict liability offence. It might reduce the penalty but that is it.

thefallingman · 28-10-2021 9:28am

Ok so best advice you need a solicitor first and foremost, they will advise you to contest as a large % get off due to the gardai not following procedures, bear in mind this will then be multiple court hearings and much more cost, or you can take it on the chin, pay the 500 solicitor and 500 the court will make you pay to charity and take the ban, you can then appeal to have it reduced by 50% it’s a nightmare op but plan b will get it over and done with quick.

Allinall · 28-10-2021 9:28am

https://www.boards.ie/discussion/comment/118083763#Comment_118083763

I don't think it was offered as an excuse. More an explanation.

spurious · 28-10-2021 11:03am

https://www.boards.ie/discussion/comment/118083803#Comment_118083803

I know. My point was, having the conviction (if convicted) need not mean they lose their job.

knucklehead6 · 28-10-2021 11:55am

I'm gonna sit firmly with the doubting thomas brigade on this one.

Which bend were they braking to take that the Luas staff saw them and called the gardai?? There aren't that many would require braking to take on that road. Unless our drink driving unaccompanied learner was also speeding.

kit2021 · 28-10-2021 1:43pm

Wasn’t speeding, always slow down when taking a turn, accelerated and panicked causing to accelerate harder before braking

knucklehead6 · 28-10-2021 1:46pm

Still not buying it

dobman88 · 28-10-2021 1:56pm

https://www.boards.ie/discussion/2058215144/dui-charge

Quite a few plot holes in this. Red cow luas stop is just a massive car park. There aren't many places a 3 minute drive home and if it's a 3min drive, it's a 10min walk. Walk home and walk back for the car. Only €4 to park for 24 hours there and can be done by txt so literally no excuse.

How fast must they have been going to crash into a tree and cause damage. I know you said their foot slipped but they must have been tearing round the car park in the first place.

Think this one is for the did not happen pile.

Ljmscooter · 28-10-2021 3:06pm

https://www.boards.ie/discussion/comment/118085061#Comment_118085061

Was drunk so all the above is discredited

DUI charge

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