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Garda checkpoint refused to give sample =big trouble

2

Comments

  • #32
    Wesser
    Registered Users, Registered Users 2 Posts: 1,813 ✭✭✭Wesser


    Were you on benzodiazepines? Or z drugs?
    If so not safe to drive and would have been detectable on testing.

    If not ie just an ssri e.g. lexapro then not detectable with testing. Don't know why you would think a guard would laugh if you're on an antidepressant.


  • #33
    Foweva Awone
    Registered Users, Registered Users 2 Posts: 1,740 ✭✭✭Foweva Awone


    By anti-depressants, do you mean benzos/zimmos? Are you taking them as prescribed?

    More to this story.


  • #34
    tuxy
    Closed Accounts Posts: 14,980 ✭✭✭✭tuxy


    Wesser wrote: »
    Were you on benzodiazepines? Or z drugs?
    If so not safe to drive and would have been detectable on testing.

    If not ie just an ssri e.g. lexapro then not detectable with testing. Don't know why you would think a guard would laugh if you're on an antidepressant.

    Irreverent, the OP has not been charged with drink or drug driving but refusing to give a valid specimen which is often a more serious offence.

    The court can not speculate if someone had drink or drugs in their system with no valid test.
    They can only work with the proven fact that a specimen was refused to be given.


  • #35
    baldshin
    Registered Users, Registered Users 2 Posts: 1,448 ✭✭✭baldshin


    Charles Ingles wrote: »
    Solicitor keeps asking for more time etc. Says the best thing to buy time before automatic ban

    Solicitor doesn't give a hoot, and is hoping for as many mentions as possible so they get paid for every appearance, either from you or free legal aid.


  • #36
    Wesser
    Registered Users, Registered Users 2 Posts: 1,813 ✭✭✭Wesser


    Yes I agree totally irrelevant
    I was just trying to work out the OP s motives for avoiding the test.


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  • #37
    Charles Ingles
    Banned (with Prison Access) Posts: 1,180 ✭✭✭Charles Ingles


    tuxy wrote: »
    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?

    I know how serious it is and in a mess.
    I actually wish I was drinking would be easier to accept.
    Truth is I was sober no penalty point good driving record.
    I can only tell judge the truth.
    Was even going to offer to do community service in the hope I can keep my licence.
    I wouldn't bother posting lies up on this thread why bother?
    Maybe some posters don't think I deserve benefit of the doubt.


  • #38
    Charles Ingles
    Banned (with Prison Access) Posts: 1,180 ✭✭✭Charles Ingles


    baldshin wrote: »
    Solicitor doesn't give a hoot, and is hoping for as many mentions as possible so they get paid for every appearance, either from you or free legal aid.

    No I pay my own bills I work have paid solicitor 650 already


  • #39
    tuxy
    Closed Accounts Posts: 14,980 ✭✭✭✭tuxy


    Wesser wrote: »
    Yes I agree totally irrelevant
    I was just trying to work out the OP s motives for avoiding the test.

    With benzodiazepine a blood test can be done and if you have a valid prescription and the levels in the blood are not above what a doctor has prescribed you will not be charged.
    So it wouldn't make any sense to avoid a blood test if you are taking medication as prescribed.


  • #40
    Dante7
    Closed Accounts Posts: 1,542 ✭✭✭Dante7


    tuxy wrote: »
    Irreverent, the OP has not been charged with drink or drug driving but refusing to give a valid specimen which is often a more serious offence.

    The court can not speculate if someone had drink or drugs in their system with no valid test.
    They can only work with the proven fact that a specimen was refused to be given.

    Correct. But judges have a definite history of allowing loopholes in drink driving legislation. I'd be interested to see if the OP can pull a fast one here.


  • #41
    Charles Ingles
    Banned (with Prison Access) Posts: 1,180 ✭✭✭Charles Ingles


    Dante7 wrote: »
    Correct. But judges have a definite history of allowing loopholes in drink driving legislation. I'd be interested to see if the OP can pull a fast one here.

    Not trying to pull a fast one,I'm a hard worker and father who hit a very bad period of mental health nearly committed suicide


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  • #42
    Dante7
    Closed Accounts Posts: 1,542 ✭✭✭Dante7


    Charles Ingles wrote: »
    Not trying to pull a fast one,I'm a hard worker and father who hit a very bad period of mental health nearly committed suicide

    I don't mean pulling a fast one personally, more legally.


  • #43
    Charles Ingles
    Banned (with Prison Access) Posts: 1,180 ✭✭✭Charles Ingles


    Wesser wrote: »
    Were you on benzodiazepines? Or z drugs?
    If so not safe to drive and would have been detectable on testing.

    If not ie just an ssri e.g. lexapro then not detectable with testing. Don't know why you would think a guard would laugh if you're on an antidepressant.

    Xaxax and steraline


  • #44
    tuxy
    Closed Accounts Posts: 14,980 ✭✭✭✭tuxy


    Charles Ingles wrote: »
    I know how serious it is and in a mess.
    I actually wish I was drinking would be easier to accept.
    Truth is I was sober no penalty point good driving record.
    I can only tell judge the truth.
    Was even going to offer to do community service in the hope I can keep my licence.
    I wouldn't bother posting lies up on this thread why bother?
    Maybe some posters don't think I deserve benefit of the doubt.

    I believe you and sympathise as I know anyone can panic and do the wrong especially when they are not used to dealing with the garda.

    The issue is that you refused to give a sample and do not seem to have a legitimate excuse.

    The Judge may even sympathise and feel you were hard done by but his hands are tied when it come to mandatory sentences. He can make the decision on how much the fine is but can not change that it is a minimum 4 years licence suspended. You can apply to have it returned early after 3/4 of the time has passed and you can be sure to get it back at that stage if you do not come before the courts again.


  • #45
    Charles Ingles
    Banned (with Prison Access) Posts: 1,180 ✭✭✭Charles Ingles


    Dante7 wrote: »
    I don't mean pulling a fast one personally, more legally.

    Is there compassion in the law because I could do with it.
    I'd gladly do community service instead I know the law is for everyone but I loose my licence I'm out of work


  • #46
    tuxy
    Closed Accounts Posts: 14,980 ✭✭✭✭tuxy


    Sorry it's actually after 2/3 not 3/4 for early restoration. So 32 months would be the actual time off the road.
    I'm not sure what you solicitor is trying to do I don't see any point in dragging it out unless he thinks you have a legitimate defence.

    A judge can only be compassionate in giving you a lenient sentence within the guidelines so the monetary fine could be very small and the minimum driving ban for that offence will be 4 years.


  • #47
    drunkmonkey
    Registered Users, Registered Users 2 Posts: 28,501 ✭✭✭✭drunkmonkey


    You panicked, your on prescription drugs, with all the news of fake tests you were terrified to do it, you release in hindsight it was misplaced aprehinsion a side effect of the medicines you were on.


  • #48
    tuxy
    Closed Accounts Posts: 14,980 ✭✭✭✭tuxy


    Also I forgot one more thing a judge can do. If you need a few months to get things in order before the driving ban starts he can give extra time before you have to hand in your licence. In most cases these requests are granted, especially if you currently drive to work.


  • #49
    baldshin
    Registered Users, Registered Users 2 Posts: 1,448 ✭✭✭baldshin


    Charles Ingles wrote: »
    Is there compassion in the law because I could do with it.
    I'd gladly do community service instead I know the law is for everyone but I loose my licence I'm out of work

    There can be in some scenarios, but unfortunately I think you won't find much luck here. As the offence is for failing to provide a specimen, you don't really have anything to argue, it's very black and white. But then, Judges in Ireland are completely unpredictable, and usually to the benefit of the defendant, so you never know.


  • #50
    tuxy
    Closed Accounts Posts: 14,980 ✭✭✭✭tuxy


    baldshin wrote: »
    Judges in Ireland are completely unpredictable, and usually to the benefit of the defendant, so you never know.

    IMO this is true in many cases but it's not that they don't find people guilty it's more to do with sentencing but like I said in this case the judges hands are tied when it comes down to mandatory driving licence suspensions.


  • #51
    Ultimate Seduction
    Closed Accounts Posts: 4,463 ✭✭✭Ultimate Seduction


    Whatever about the swab on side of road but you refused to give a sample to a doctor in the station. No excuse for that.


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  • #52
    Foweva Awone
    Registered Users, Registered Users 2 Posts: 1,740 ✭✭✭Foweva Awone


    Charles Ingles wrote: »
    Xaxax and steraline

    Sertraline I assume?

    Not a good idea to drive after taking Xanax, especially if you're not used to it.


  • #53
    tuxy
    Closed Accounts Posts: 14,980 ✭✭✭✭tuxy


    Foweva Awone wrote: »
    Sertraline I assume?

    Not a good idea to drive after taking Xanax, especially if you're not used to it.

    Still has no bearing on the case, if anything it should make someone more relaxed about giving a blood sample.


  • #54
    Alison_Flynn
    Banned (with Prison Access) Posts: 6 ✭Alison_Flynn


    Ultimate Seduction wrote: »
    Whatever about the swab on side of road but you refused to give a sample to a doctor in the station. No excuse for that.

    What if he had a phobia of needles and suffered from lack of breath?


  • #55
    Dante7
    Closed Accounts Posts: 1,542 ✭✭✭Dante7


    Charles Ingles wrote: »
    Is there compassion in the law because I could do with it.
    I'd gladly do community service instead I know the law is for everyone but I loose my licence I'm out of work

    Ask to talk to the superintendent. Be 100% honest. They can smell bull**** from a mile away.


  • #56
    tuxy
    Closed Accounts Posts: 14,980 ✭✭✭✭tuxy


    Alison_Flynn wrote: »
    What if he had a phobia of needles and suffered from lack of breath?

    I believe that's an expensive option involving specialists coming before the courts. Only a solicitor could give advice on if they was something worth pursuing.


  • #57
    tuxy
    Closed Accounts Posts: 14,980 ✭✭✭✭tuxy


    Dante7 wrote: »
    Ask to talk to the superintendent. Be 100% honest. They can smell bull**** from a mile away.

    The super is the one that will be pushing for a conviction on this as any verdict of innocence could be used in future cases all over the country.


  • #58
    IrishLad90
    Registered Users, Registered Users 2 Posts: 849 ✭✭✭IrishLad90


    Have not read the whole thread.
    Honestly, a lot of this is going to come down to him seeing straight through it. A ban is likely, but you could contest it. Id expect fines totalling up to 1250 and/or community service


  • #59
    tuxy
    Closed Accounts Posts: 14,980 ✭✭✭✭tuxy


    IrishLad90 wrote: »
    Id expect fines totalling up to 1250 and/or community service

    Way off imo, the judge will probably go easy on the fine, something closer to €500 as they will probably feel the mandatory ban is enough of a punishment. Almost no chance of community service imo.


  • #60
    Hoboo
    Registered Users, Registered Users 2 Posts: 3,876 ✭✭✭Hoboo


    Alison_Flynn wrote: »
    What if he had a phobia of needles and suffered from lack of breath?

    And it hurt to take a pi$$??


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  • #61
    tuxy
    Closed Accounts Posts: 14,980 ✭✭✭✭tuxy


    It was a road side swab test that was refused so I think they were only testing for drugs(benzo/coke/opiates/cannabis) and not alcohol(i know it's a drug too)
    Failure or refusal of the swab test means a mandatory blood test at the station. I don't think a urine test would be reliable for current level of these drugs in the system.


This discussion has been closed.
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