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Not accepting automatic suspension fixed-charge Drink Driving

  • 31-10-2018 02:33PM
    #1
    drunkmonkey
    Registered Users, Registered Users 2 Posts: 28,448 ✭✭✭✭


    Just noticed this in the Times today

    "New drink-driving laws that impose an automatic three-month driving ban for an infringement, rather than penalty points, are likely to make matters worse. If drivers found to be over the limit do not accept their automatic suspension when fixed-charge notices are sent to them in the post, their cases will be referred to the courts. This will take time. Once there, if convicted and sentenced, they can appeal on technical or procedural grounds – a process likely to take several years. During all of that time, their licences remain valid and they can continue to drive"
    Source

    So does that mean you can refuse to accept the automatic ban and continue to drive until your case is heard?


Comments

  • #2
    whippet
    Registered Users, Registered Users 2 Posts: 7,759 ✭✭✭whippet


    possibly .. but the down side is that with FPNs should you not accept the FPN and choose the court route the penalty is usually stiffer?


  • #3
    Under His Eye
    Closed Accounts Posts: 907 ✭✭✭Under His Eye


    Yes. The ban only applies if the FCPN is paid.

    You are under no obligation to accept any FCPN. Court is always an option. Many people do not realise this.


  • #4
    drunkmonkey
    Registered Users, Registered Users 2 Posts: 28,448 ✭✭✭✭drunkmonkey


    whippet wrote: »
    possibly .. but the down side is that with FPNs should you not accept the FPN and choose the court route the penalty is usually stiffer?

    I did not see where the penalty is stiffer anywhere.


  • #5
    drunkmonkey
    Registered Users, Registered Users 2 Posts: 28,448 ✭✭✭✭drunkmonkey


    Under His Eye wrote: »
    Yes. The ban only applies if the FCPN is paid.

    You are under no obligation to accept any FCPN. Court is always an option. Many people do not realise this.

    Dos that apply to all FCPN, i.e. a parking ticket?


  • #6
    Under His Eye
    Closed Accounts Posts: 907 ✭✭✭Under His Eye


    drunkmonkey wrote: »
    Dos that apply to all FCPN, i.e. a parking ticket?
    Yes.


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  • #7
    ohnonotgmail
    Registered Users, Registered Users 2 Posts: 41,262 ✭✭✭✭ohnonotgmail


    drunkmonkey wrote: »
    I did not see where the penalty is stiffer anywhere.


    The minimum penalty increases to 6 months if you are convicted in court.


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