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Garda checkpoint refused to give sample =big trouble

  • 28-01-2019 10:41PM
    #1
    Charles Ingles
    Banned (with Prison Access) Posts: 1,180 ✭✭✭


    Help
    Title says it all any advice?


«13

Comments

  • #2
    Fann Linn
    Registered Users, Registered Users 2 Posts: 8,631 ✭✭✭Fann Linn


    Why the refusal?
    Were ye drunk?


  • #3
    highgiant1985
    Registered Users, Registered Users 2 Posts: 1,802 ✭✭✭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


  • #4
    Del2005
    Registered Users, Registered Users 2 Posts: 19,138 ✭✭✭✭Del2005


    Charles Ingles wrote: »
    Help
    Title says it all any advice?

    Hire a solicitor and download some taxi apps.


  • #5
    Charles Ingles
    Banned (with Prison Access) Posts: 1,180 ✭✭✭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


  • #6
    Johnny Red Cab
    Closed Accounts Posts: 128 ✭✭Johnny Red Cab


    Were you arrested and taken to the station?


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  • #7
    Charles Ingles
    Banned (with Prison Access) Posts: 1,180 ✭✭✭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.


  • #8
    Ultimate Seduction
    Closed Accounts Posts: 4,463 ✭✭✭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.


  • #9
    Fann Linn
    Registered Users, Registered Users 2 Posts: 8,631 ✭✭✭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?


  • #10
    Charles Ingles
    Banned (with Prison Access) Posts: 1,180 ✭✭✭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


  • #11
    Charles Ingles
    Banned (with Prison Access) Posts: 1,180 ✭✭✭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


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  • #12
    Eric Cartman
    Registered Users, Registered Users 2 Posts: 26,242 ✭✭✭✭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.


  • #13
    s7ryf3925pivug
    Closed Accounts Posts: 3,999 ✭✭✭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.


  • #14
    punisher5112
    Registered Users, Registered Users 2 Posts: 24,519 ✭✭✭✭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.


  • #15
    Charles Ingles
    Banned (with Prison Access) Posts: 1,180 ✭✭✭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


  • #16
    punisher5112
    Registered Users, Registered Users 2 Posts: 24,519 ✭✭✭✭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.


  • #17
    Charles Ingles
    Banned (with Prison Access) Posts: 1,180 ✭✭✭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


  • #18
    punisher5112
    Registered Users, Registered Users 2 Posts: 24,519 ✭✭✭✭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.


  • #19
    s7ryf3925pivug
    Closed Accounts Posts: 3,999 ✭✭✭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.


  • #20
    s7ryf3925pivug
    Closed Accounts Posts: 3,999 ✭✭✭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?


  • #21
    punisher5112
    Registered Users, Registered Users 2 Posts: 24,519 ✭✭✭✭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


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  • #22
    s7ryf3925pivug
    Closed Accounts Posts: 3,999 ✭✭✭s7ryf3925pivug


    punisher5112 wrote: »
    Gardai don't lie..,.... Oh dear

    Not what I said.


  • #23
    Charles Ingles
    Banned (with Prison Access) Posts: 1,180 ✭✭✭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


  • #24
    Ultimate Seduction
    Closed Accounts Posts: 4,463 ✭✭✭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.


  • #25
    n!ghtmancometh
    Registered Users, Registered Users 2 Posts: 407 ✭✭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.


  • #26
    fergus1001
    Registered Users, Registered Users 2 Posts: 2,613 ✭✭✭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


  • #27
    Charles Ingles
    Banned (with Prison Access) Posts: 1,180 ✭✭✭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


  • #28
    TallGlass
    Closed Accounts Posts: 4,906 ✭✭✭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.


  • #29
    [Deleted User]
    Posts: 15,055 ✭✭✭✭ [Deleted User]


    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


  • #30
    Charles Ingles
    Banned (with Prison Access) Posts: 1,180 ✭✭✭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


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  • #31
    tuxy
    Closed Accounts Posts: 14,980 ✭✭✭✭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?


This discussion has been closed.
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