DRINK DRIVING

Johro · 21-03-2013 09:54PM

NinjaTruncs wrote: »

Perhaps you should change your username to just coke

And never tell a guard 'it was only a bit of craic'.

rubadub · 21-03-2013 09:55PM

Duvetdays wrote: »

If you weren't planning on driving why didnt you sit in the passengers seat with the engine running to keep warm?

I wouldn't risk that, I reckon a garda could do you for it if he was a complete & utter cunt, and from the later posts it sounds like this one was.

Mayoman911 wrote: »

Really? You'd need to be punished to get "drink driving is bad" into your head?

I think the lesson he learnt is to bring a coat & hat next time.

rum and coke wrote: »

The guard said he had observed me for 6 or 7 minutes in the car,and knew I wasn't going to drive

http://www.irishstatutebook.ie/1994/en/act/pub/0007/print.html#sec11

50.—(1) (a) A person shall be guilty of an offence if, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), he is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle.

So sounds like the garda was in the wrong if he knew you had no intent to drive. If it does go to court I hope the judge destroys him, stupid prick, another useless cunt on the force with no cop-on as to what these laws are actually supposed to prevent, a 7 year old has more sense.

TheUsual · 21-03-2013 10:09PM

Lucky man, no criminal record.

I would have told them that my father worked for KPMG and that he was a senior partner.

TheUsual · 21-03-2013 10:14PM

On YouTube already ?

https://www.youtube.com/watch?v=_KlGye9cA-s

Pumpkinseeds · 21-03-2013 10:17PM

Well if I were a guard or a judge for that matter, I certainly wouldn't believe the OP's story. Regardless of whether or not its true it does sound like an out and out lie to be fair. Getting caught behind the wheel of your own car, with the engine running,whilst being over the limit and waiting for the barman to drive you home does sound a little farcical. I'm sure no guard or judge has heard that one before:D

Big Bottom · 21-03-2013 10:29PM

You should'nt have been behind the wheel drunk, end of story.

SV · 21-03-2013 10:32PM

Big Bottom wrote: »

You should'nt have been behind the wheel drunk, end of story.

You can get done for this even in the keys are in your possession and you're sleeping in the car.

To be fair it's not as black and white as it's being made out and if the OP is genuine I hope there's no punishment.

wicklowstevo · 21-03-2013 11:41PM

if you really only had four pints then and you plea guilty then you will get a few points and a fine , which is why that law was put in place, in order to not screw people who make silly mistakes , also i dont beleive for a second that you werent going to drive

SB2013 · 22-03-2013 12:10AM

rubadub wrote: »

I wouldn't risk that, I reckon a garda could do you for it if he was a complete & utter cunt, and from the later posts it sounds like this one was.

I think the lesson he learnt is to bring a coat & hat next time.

http://www.irishstatutebook.ie/1994/en/act/pub/0007/print.html#sec11

So sounds like the garda was in the wrong if he knew you had no intent to drive. If it does go to court I hope the judge destroys him, stupid prick, another useless cunt on the force with no cop-on as to what these laws are actually supposed to prevent, a 7 year old has more sense.

He's probably working of the existing law and not the old one. In any case, he'd have a mighty red face if the op had drove off after he left and plowed into someone.

donegal_road · 22-03-2013 12:20AM

OP, Im sure you will be ok, no reasonable garda would follow through on that.

There was a case up here a few months ago where a guy drove through a checkpoint, as he knew he was over the limit. A chase ensued and after a mile or two, the garda car came on the car parked at the side of the road, and no sign of the driver.
So the gardaí rang back to the station with the reg of the car, and the garda at the station looked up the reg and said that he knew the driver, and that he had his number on his mobile, and "sure I'll give him a call now."

Suddenly the Nokia ringtone sounded from some bushes and trees near where the car was abandoned!

Dwork · 22-03-2013 12:48AM

spoofilyj wrote: »

You can be over the limit after one pint, regardless of weather you feel the effects of it or not.

I dont know much about the process but I thought that if you were over the limit it was an automatic ban for one year, six point and a fine but I'm open to correction.

Be prepared for lots of abuse about drinking and driving especially in AH.

I do think it was very irresponsible of you to get behind the wheel after drink.

Imagine if you had hit and killed another road user the guilt you would have to live with for the rest of your life. Its simply not worth it in my opinion.

I just hope this is lesson learned and you will not do it again.
Its surprising that this still happens imo.

While parked up? Hit them with what? The door while getting out?

Vicar in a tutu · 22-03-2013 01:08AM

Shoulda told him you were just waiting for a mate

kirving · 22-03-2013 01:15AM

The best thing the OP can do is to get the barman to corroborate his story in court. It would be important to have additional evidence such as the barman not driving himself that night, or that it was a regular occurance.

skimpydoo · 22-03-2013 02:59AM

Pumpkinseeds wrote: »

Well if I were a guard or a judge for that matter, I certainly wouldn't believe the OP's story. Regardless of whether or not its true it does sound like an out and out lie to be fair. Getting caught behind the wheel of your own car, with the engine running,whilst being over the limit and waiting for the barman to drive you home does sound a little farcical. I'm sure no guard or judge has heard that one before:D

We don't know if the car was the OP's or the bar man's as he never stated.

Kesha · 22-03-2013 03:19AM

hm...
stopped without even going to drive...
... so...what did the barman then think that he was driving or google?

rubadub · 22-03-2013 10:29AM

SB2013 wrote: »

He's probably working of the existing law and not the old one.

So what has changed in the new law? what is the new law? I see a 2010 road traffic act and its the same about this issue.

Plazaman · 22-03-2013 10:47AM

rubadub wrote: »

I wouldn't risk that, I reckon a garda could do you for it if he was a complete & utter cunt, and from the later posts it sounds like this one was.

I think the lesson he learnt is to bring a coat & hat next time.

http://www.irishstatutebook.ie/1994/en/act/pub/0007/print.html#sec11

So sounds like the garda was in the wrong if he knew you had no intent to drive. If it does go to court I hope the judge destroys him, stupid prick, another useless cunt on the force with no cop-on as to what these laws are actually supposed to prevent, a 7 year old has more sense.

Hard to call that one. OP was in the drivers seat with the engine running! That would definitely be considered "intent to drive" even if car didn't move. I think even if it was his car, he was in the drivers seat with the engine was off but had the keys in his hand, that would also be intent to drive. It's a nice grey area like a lot of laws in our Country.

I was searching for a thread (can't find it) that was on Boards last year afaik about the guy who was sleeping in the back seat of his car and he was going to be taken in by the Guards. However in his case he showed the boys in blue that the car keys were in a bag in the boot so they were happy enough with that. They were talking about intent on that thread too and the different combinations.

Zebra3 · 22-03-2013 10:53AM

rum and coke wrote: »

If I got this fine and 3 points,I certainly would have learned a lesson.

But if you go to jail, you won't have?

rubadub · 22-03-2013 10:56AM

Plazaman wrote: »

Hard to call that one.

not hard for the garda

rum and coke wrote: »

The guard said he had observed me for 6 or 7 minutes in the car,and knew I wasn't going to drive

StephenHendry · 22-03-2013 10:57AM

the fact the op was in the drivers seat, which created the problems. the op may not necessarily have been drunk but thats not the issue. the garda saying to you op that you will be 'ok' probably means you'll only be hit with a fine and some points on your licence. i think you were really unlucky anyway and few minutes earlier/later you'd have had a lift home,

ratracer · 22-03-2013 11:05AM

I don't think the OP's story is believable at all. I think the garda suspected he was going to drive the the car, stopped him before he had the chance to do it and then, perhaps as OP may not have appeared too drunk, has given him the chance to just get points and a fine, no ban, and a lesson learned. So rather than the garda been called a lot of things here, he's stopped a drink driver and prevented him losing his license for a while.

SuperGrover · 22-03-2013 11:09AM

Kevin Irving wrote: »

The best thing the OP can do is to get the barman to corroborate his story in court. It would be important to have additional evidence such as the barman not driving himself that night, or that it was a regular occurance.

A few years back a mate of mine was sitting in his drivers seat, me in the passenger seat, outside a pub, engine running. Gardai were watching. They busted him.

I turned up at the court and gave witness that we were just keeping warm while waiting for friends to come out of the pub. Door was locked so we couln't go back in. We were then going to walk to a house party nearby.

We were believed, case was thrown out.

Kesha · 22-03-2013 11:48AM

rubadub wrote: »

stupid prick, another useless cunt on the force

While I feel the same, I also wonder:
Would you mind if I called you "useless ****" as well?
And, if you do: does a moderator outrank a garda on this forum?
Or perhaps it is a case of In presentia outweighing In absentia?

Please do elaborate a little!

Kesha · 22-03-2013 11:50AM

As it turns out I can't even post C U N T! But YOU can
Interesting...

rubadub · 22-03-2013 11:52AM

ratracer wrote: »

I don't think the OP's story is believable at all. I think the garda suspected he was going to drive the the car

have you bothered to read the thread at all???!

this is my third time to quote this now.

rum and coke wrote: »

The guard said he had observed me for 6 or 7 minutes in the car,and knew I wasn't going to drive

ratracer wrote: »

So rather than the garda been called a lot of things here,

Few called him anything. I am surprised more didn't. If what is said is true then he had no right to stop him, he did not know the law. He was a complete fucking moron by the sounds of things. They should have better screening in templemore. Its quite disturbing to think a garda with such lack of common sense could get through and is supposedly policing the streets, if I had a relative with similar low mental capacity I would no like to see them wander the streets alone at night, let alone police them. Did he REALLY think there is a law intended to stop this action? the mind boggles...

ArielAtom · 22-03-2013 11:58AM

I know someone that this happened to. He went for a few beers after work, had one to many decided to get a taxi home but went to the Chipper 1st. Sat into the car to eat his chips, engine on to warm up. Done and a two year ban.

ratracer · 22-03-2013 12:00PM

I am quite capable of reading and have read this thread, because I have a different take opinion of it than doesn't need the sarcastic reply.

I said I think the garda decided not to prosecute him and hence gave him the story to aid him. Along the lines of 'I've been watching you for a few minutes, I hope you're not intending driving that car' Sitting in the driver seat of the car with the engine running is enough intent to drive if the garda had decided on prosecuting.

So re qoute it three four five hundred times for all I care, your seeing one side of the story, i gave a different opinion on it.

Ormus · 22-03-2013 12:06PM

This is all simple.

If the OP is telling the truth about what the Garda said, then all he has to do is contest the charge, get the Judge to ask the Garda (under oath if necessary) whether he really said what the OP says he said, ie that he didn't believe there was intent to drive the vehicle.

If there was no driving and no intent to drive, then there was no law broken.

Get the barman to corroborate if necessary by way of statement (probably no need for him to appear in court)

Thing is, the OP's story is a bit sketchy - Why didn't he sit in the passenger seat? Why did he say he was "stopped"? Why would a Garda arrest a guy and then tell him he didn't think he broke the law and didn't think he was gonna break the law? Why does the OP say he will have learned his lesson if fined etc?

Sofaspud · 22-03-2013 12:26PM

SuperGrover wrote: »

A few years back a mate of mine was sitting in his drivers seat, me in the passenger seat, outside a pub, engine running. Gardai were watching. They busted him.

I turned up at the court and gave witness that we were just keeping warm while waiting for friends to come out of the pub. Door was locked so we couln't go back in. We were then going to walk to a house party nearby.

We were believed, case was thrown out.

Same happened to a friend of mine, a few of us left the pub on a freezing night after only 3 pints, "waiting for a mate", so we sat in the car to warm up. We only lived a 10 minute walk away so he was going to pick up the car in the morning.
After a couple of minutes a garda car pulled up and breathalysed him and brought him in, but by the time he got to the station for the second test his alcohol level had gone below the legal limit.

The gard mentioned that they'd watched from a dark wooded area across the road, which makes me think that when they have quotas to fill, they look out for this outside pubs and jump on it even when they know there's no intent to drive.

Kolido · 22-03-2013 12:33PM

Why didnt you stay in the pub to keep warm op?

Could of had another quick one while waiting.:pac:

DRINK DRIVING

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