Defense to drink driving

thestar · 04-08-2018 01:29PM #1

A defense that was and is used quite a lot to drink driving, having been involved in an accident is that the driver had a drink after the crash to deal with the shock etc. I am now informed that this is not the case anymore and that in these instances, drivers can be arrested for drink driving. Can anybody shed any light on this for me?

GM228 · 04-08-2018 02:59PM

It is known as the Hip Flask defence and can still be used, it is however an extremely difficult defence to raise and successful defences based on it are very rare.

Under His Eye · 04-08-2018 03:53PM

As the punishment for DD is not negotiable people will try anything as there is nothing to lose by raising various defences.

The best one I ever heard of that actually worked was a guy that the Gardaí couldn't locate the ignition key. I was amazed that he won.

drunkmonkey · 04-08-2018 04:41PM

If your really wanted to chance your arm don't wind down the windows and lock the doors, they need a warrant to break into the car and if you put your hand or face against the glass they can't smash it. You'll be sober by the time they get into you.
It'll take big kohonas but should work.

Mod
To Drunken Monkey
Pls do not post such foolish advice here again

GM228 · 04-08-2018 04:55PM

drunkmonkey wrote: »

If your really wanted to chance your arm don't wind down the windows and lock the doors, they need a warrant to break into the car and if you put your hand or face against the glass they can't smash it. You'll be sober by the time they get into you.
It'll take big kohonas but should work.

I really hope that's a joke.

They do not need a warrant to enter your car, they can use reasonable force to do so including breaking a window and you can't put your face on every window at the same time.

Lmklad · 04-08-2018 08:00PM

drunkmonkey wrote: »

If your really wanted to chance your arm don't wind down the windows and lock the doors, they need a warrant to break into the car and if you put your hand or face against the glass they can't smash it. You'll be sober by the time they get into you.
It'll take big kohonas but should work.

That’s sounds more American. Definitely do not need a warrant to enter.

earlyevening · 04-08-2018 08:10PM

What about the gum disease defence. "Sorry guard, I habitually rinse my mouth with this alcohol containing mouthwash as advised by my dentist". Won't get you past a urine test though....unless you admit you partake in the world one era routine of dipping your genitals in alcohol rinse to prevent syphilis. Still stumped at a blood test though.

Henry Ford III · 04-08-2018 08:13PM

There is no defense for drink driving. If you did it and got caught you deserve whatever you get for it.

fullstop · 04-08-2018 08:21PM

drunkmonkey wrote: »

If your really wanted to chance your arm don't wind down the windows and lock the doors, they need a warrant to break into the car and if you put your hand or face against the glass they can't smash it. You'll be sober by the time they get into you.
It'll take big kohonas but should work.

Mod
To Drunken Monkey
Pls do not post such foolish advice here again

Yeah, fairly believable one. Right up there with knocking off his hat so he can't arrest you.

Victor · 04-08-2018 09:01PM

drunkmonkey wrote: »

If your really wanted to chance your arm don't wind down the windows and lock the doors, they need a warrant to break into the car and if you put your hand or face against the glass they can't smash it. You'll be sober by the time they get into you.
It'll take big kohonas but should work.

Mod
To Drunken Monkey
Pls do not post such foolish advice here again

Won't work in a convertible.

Unlikely to work anywhere else either.

italodisco · 04-08-2018 09:09PM

Only a scumbag would be trying to defend drink driving after an accident, and only a scumbag would be advising on what best ways to do it.

Under His Eye · 04-08-2018 09:10PM

italodisco wrote: »

Only a scumbag would be trying to defend drink driving after an accident, and only a scumbag would be advising on what best ways to do it.

After Hours/Morals forum is that way. >>>>>>>>>>>>>>>>>>>>>>

drunkmonkey · 04-08-2018 09:11PM

Victor wrote: »

Won't work in a convertible.

Unlikely to work anywhere else either.

I'd fancy my chances in a fiat 500.

Time · 04-08-2018 09:47PM

Henry Ford III wrote: »

There is no defense for drink driving. If you did it and got caught you deserve whatever you get for it.

There's plenty of defences to a charge of drink driving

uck51js9zml2yt · 04-08-2018 09:58PM

fullstop wrote: »

Yeah, fairly believable one. Right up there with knocking off his hat so he can't arrest you.

Does that really work ??

I got breathalysed once. I was coming from church. I was thankful we use blackcurrant juice instead of wine

dr.fuzzenstein · 04-08-2018 09:58PM

Under His Eye wrote: »

After Hours/Morals forum is that way. >>>>>>>>>>>>>>>>>>>>>>

Yeah, where do these people get off?
Mentioning morals and right or wrong here are the equivalent of going to a vampire party with a wooden stake and garlic/holy water perfume.

HughMann · 04-08-2018 10:23PM

drunkmonkey wrote: »

If your really wanted to chance your arm don't wind down the windows and lock the doors, they need a warrant to break into the car and if you put your hand or face against the glass they can't smash it. You'll be sober by the time they get into you.
It'll take big kohonas but should work.

Mod
To Drunken Monkey
Pls do not post such foolish advice here again

I heard too it's not adultery if you hold your breath.

cute geoge · 04-08-2018 11:11PM

A local guy driving a big tractor was stopped at check point one morning and over the limit ,he cleverly abandoned the tractor in middle of road and lmmoblised it so no one could move it .Any way after being carted off to station to be cautioned and blood tested ,the guards brought him back again to move the tractor and the case was over turned for this reason!!!

Atlantic Dawn · 04-08-2018 11:17PM

What kind of high class idiot would drink after a crash to only be then breathalysed?

funnyname · 04-08-2018 11:23PM

https://www.irishexaminer.com/ireland/judge-blasts-hip-flask-defence-in-hurlers-drink-driving-case-212029.html

mynamejeff · 05-08-2018 12:36AM

cute geoge wrote: »

A local guy driving a big tractor was stopped at check point one morning and over the limit ,he cleverly abandoned the tractor in middle of road and lmmoblised it so no one could move it .Any way after being carted off to station to be cautioned and blood tested ,the guards brought him back again to move the tractor and the case was over turned for this reason!!!

I call BS on this

your telling me they couldn't find a culchie garda who knew how to drive a tractor?

JJayoo · 05-08-2018 12:43AM

How is somone expected to make a rational/logical/responsible decision when they are hammered drunk.

That's the problem with expecting people not to drink and drive, get pissed and logic gets seriously dulled.

Atlantic Dawn · 05-08-2018 12:47AM

Body cams on every Garda in the state would be a great asset, you can't argue with video evidence when it shows you were away with the fairies at the time in question.

mynamejeff · 05-08-2018 12:50AM

Atlantic Dawn wrote: »

Body cams on every Garda in the state would be a great asset, you can't argue with video evidence when it shows you were away with the fairies at the time in question.

how would that prove level of intoxication though which is the offence.

there is not will to eradicate drink driving in ireland , if there was there would be 0% limit on drink driving

wonski · 05-08-2018 12:55AM

funnyname wrote: »

https://www.irishexaminer.com/ireland/judge-blasts-hip-flask-defence-in-hurlers-drink-driving-case-212029.html

What a joke...

Am I reading it right, case dismissed???

Losty Dublin · 05-08-2018 01:34AM

fullstop wrote: »

Yeah, fairly believable one. Right up there with knocking off his hat so he can't arrest you.

Worked out fine for this sham

https://www.youtube.com/watch?v=u72a-zb8HrU

drunkmonkey · 05-08-2018 09:41AM

Losty Dublin wrote: »

Worked out fine for this sham

He didn't produce his licence or move the car over when requested so he'd already committed two offences.
If he had of shown his licence and moved over what would have been the next move.

Glass fused light · 05-08-2018 09:53AM

wonski wrote: »

What a joke...

Am I reading it right, case dismissed???

It had to be the state could not prove its case.
However if the will was there, the Uncle should have been charged with interferring with a Garda investigation. By asking if the driver had been tested and providing the alcohol prior to the test the clear intent was to subvert the investigation. And any ex-Garda should be aware that of that or should be made to testify in open court that he was an incompetent employee.

Under His Eye · 05-08-2018 09:56AM

It is a solicitors duty to find holes in the states case and exploit them to their clients benefit.

I find it highly amusing that some people find this reprehensible.

drunkmonkey · 05-08-2018 10:22AM

Under His Eye wrote: »

It is a solicitors duty to find holes in the states case and exploit them to their clients benefit.

I find it highly amusing that some people find this reprehensible.

Can you call your solicitor before blowing in the bag, I understand it's probably not a wise move but are you entitled to?

Time · 05-08-2018 11:10AM

drunkmonkey wrote: »

Can you call your solicitor before blowing in the bag, I understand it's probably not a wise move but are you entitled to?

You can request a solicitor, but you can’t refuse to undergo the test until you have spoken with one. The test is mandatory and a solicitor can’t advise you to refuse it. Instead they’d have to try and show there was a procedural flaw afterwards

Defense to drink driving

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