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Court listing for drunk driving

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  • 08-04-2021 10:25am
    #1
    Effects
    Registered Users Posts: 9,761 ✭✭✭


    I'm looking for some information about a court case for drunk driving today in Dublin.
    Are court lists published for these? Am I right to think that it's in the District Court?
    It's for a neighbour, who has crashed into my car on a number of occasions, so I'd like to follow the outcome.


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    #2
    angel eyes 2012
    Registered Users Posts: 896 ✭✭✭angel eyes 2012


    Effects wrote: »
    I'm looking for some information about a court case for drunk driving today in Dublin.
    Are court lists published for these? Am I right to think that it's in the District Court?
    It's for a neighbour, who has crashed into my car on a number of occasions, so I'd like to follow the outcome.

    District Court lists are not published and there is restricted physical access due to Covid at the moment. Best case is that the local reporter might cover the case in the local newspaper.


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    #3
    Effects
    Registered Users Posts: 9,761 ✭✭✭Effects


    Thanks for that. It's kind of bewildering, as the person has been caught a load of times over the past two years, yet still on the road.
    Last time my car needed €1500 worth of work to fix it, and I was amazed that they had insurance to cover it.


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    #4
    tdf7187
    Registered Users Posts: 1,597 ✭✭✭tdf7187


    Effects wrote: »
    Thanks for that. It's kind of bewildering, as the person has been caught a load of times over the past two years, yet still on the road.
    Last time my car needed €1500 worth of work to fix it, and I was amazed that they had insurance to cover it.

    An individual arrested for drink driving can continue to legally drive their car in the time period between arrest/charging and the court case (and, of course, thereafter, if acquitted). The time period between charging and the court case is not supposed to exceed 6 months, but sometimes deferrals are requested and granted for various reasons. Of course, he or she may be driving without insurance, or may not have declared the arrest to the insurance company. Even if they have declared it, they have not (yet) been convicted and their premium would not necessarily increase. Alternatively, he/she may already be banned but is still driving. Difficult to ascertain, unfortunately, as unless a reporter happens to be present many drink driving cases never make it to the media.


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    #5
    Victor
    Registered Users Posts: 78,241 ✭✭✭✭Victor


    Effects wrote: »
    It's for a neighbour, who has crashed into my car on a number of occasions
    Have you reported each of these incidents? Talking to the garda you dealt with may be useful.


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    #6
    Claw Hammer
    Registered Users Posts: 6,160 ✭✭✭Claw Hammer


    Effects wrote: »
    Thanks for that. It's kind of bewildering, as the person has been caught a load of times over the past two years, yet still on the road.
    Last time my car needed €1500 worth of work to fix it, and I was amazed that they had insurance to cover it.

    At can take a long time to get a persoon off the road. The case can take months to get to a hearing, then there can be an appeal,or a case stated or a judicial review, followed in some cases by appeals of those. Some drink driving cases have gone on for 12 years.


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    #7
    Effects
    Registered Users Posts: 9,761 ✭✭✭Effects


    Victor wrote: »
    Have you reported each of these incidents? Talking to the garda you dealt with may be useful.

    I reported the last one, which was the most serious. Then came in for a torrent of abuse from her for getting the Gardaí involved. I can't remember the Garda's name at this stage though, as it was about a year ago.


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    #8
    Effects
    Registered Users Posts: 9,761 ✭✭✭Effects


    Claw Hammer wrote: »
    At can take a long time to get a persoon off the road. The case can take months to get to a hearing, then there can be an appeal,or a case stated or a judicial review, followed in some cases by appeals of those. Some drink driving cases have gone on for 12 years.

    It's hard to understand how it can take so long. She was caught three times in one week alone. And during one of those stops she had a glass of wine in her hand!


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    #9
    micar
    Registered Users Posts: 1,876 ✭✭✭micar


    Jesus...horrible way for her to be .... a serious alcoholic

    A driving ban is completely unenforceable..... there is nothing except incarceration to stop someone from driving.

    Will hitting someone bring her to realise the error of her ways?


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    #10
    Claw Hammer
    Registered Users Posts: 6,160 ✭✭✭Claw Hammer


    Effects wrote: »
    It's hard to understand how it can take so long. She was caught three times in one week alone. And during one of those stops she had a glass of wine in her hand!

    So what? there still has to be a court case. There can be appeals etc.


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    #11
    Effects
    Registered Users Posts: 9,761 ✭✭✭Effects


    Claw Hammer wrote: »
    So what?

    She's been in multiple car accidents, knocked down one pedestrian, led the Gardaí on chases on multiple occasions.

    Someone like that shouldn't be allowed to drive, pending court cases that seem to take years.


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    #12
    An Ri rua
    Registered Users Posts: 4,475 ✭✭✭An Ri rua


    Effects wrote: »
    I'm looking for some information about a court case for drunk driving today in Dublin.
    Are court lists published for these? Am I right to think that it's in the District Court?
    It's for a neighbour, who has crashed into my car on a number of occasions, so I'd like to follow the outcome.

    I enquired about a case where I had been the witness (due to dangerous driving, they had to attend, but apparently a deal was done on steps). Sister of a big money celebrity.
    Court Registrar in Laois effectively told me the outcome was none of my business. Despite my turning up for court. Despite Sergeant saying that for dangerous driving there was a mandatory court appearance...
    Never in local papers either.


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    #13
    Claw Hammer
    Registered Users Posts: 6,160 ✭✭✭Claw Hammer


    Effects wrote: »
    She's been in multiple car accidents, knocked down one pedestrian, led the Gardaí on chases on multiple occasions.

    Someone like that shouldn't be allowed to drive, pending court cases that seem to take years.

    There is no legal means to stop a person driving pending a court case. She has a presumption of innocence until convicted, which revives on appeal. No matter what a person is alleged to have done the only way to have the person off the road would be to arrest and charge them and try and have it made a bail condition that the person does not drive pending the hearing.


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    #14
    coylemj
    Registered Users Posts: 25,326 ✭✭✭✭coylemj


    Claw Hammer wrote: »
    .... the only way to have the person off the road would be to arrest and charge them and try and have it made a bail condition that the person does not drive pending the hearing.

    Even if you could find a district court judge to include that condition, it would be overturned in 5 minutes by the High Court. Because it would be seen as an attempt to prematurely impose a disqualification order in advance of the court hearing. Where the defendant could be found not guilty.


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    #15
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    coylemj wrote: »
    Even if you could find a district court judge to include that condition, it would be overturned in 5 minutes by the High Court. Because it would be seen as an attempt to prematurely impose a disqualification order in advance of the court hearing. Where the defendant could be found not guilty.

    It happens regularly when charged with a serious driving offence, it is lawful - permitted under S6 of the Bail Act 1997.


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    #16
    coylemj
    Registered Users Posts: 25,326 ✭✭✭✭coylemj


    GM228 wrote: »
    It happens regularly when charged with a serious driving offence, it is lawful - permitted under S6 of the Bail Act 1997.

    Happens 'regularly'? I have never read about anyone getting bail on condition that they don't drive a car.

    And it's only 'lawful' because you consider that it's covered by this general provision in S.6 ......
    the recognisance may be subject to such conditions as the court considers appropriate having regard to the circumstances of the case....

    Which also lists off specific conditions which may be imposed but these do not include (as implied by your post) refraining from driving as a condition of bail. It may happen in certain situations but not as often as you suggest.

    http://www.irishstatutebook.ie/eli/1997/act/16/section/6/enacted/en/html#sec6


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    #17
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    coylemj wrote: »
    Happens 'regularly'? I have never read about anyone getting bail on condition that they don't drive a car.

    And it's only 'lawful' because you consider that it's covered by this general provision in S.6 ......


    Which also lists off specific conditions which may be imposed but these do not include (as implied by your post) refraining from driving as a condition of bail. It may happen in certain situations but not as often as you suggest.

    http://www.irishstatutebook.ie/eli/1997/act/16/section/6/enacted/en/html#sec6

    It's not something I just consider lawful due to a general provision, S6 of the Criminal Justice Act 2017 amended S6 of the Bail Act 1997 to specifically include the provision.

    And yes it does happen regularly (and has actually done so long since before the 2017 amendment) when charged with a serious driving offence.

    Here's one such condition imposed in 2014:-

    https://www.google.com/amp/s/amp.independent.ie/irish-news/courts/strict-bail-condition-on-road-rampage-accused-includes-a-ban-on-sitting-in-front-seat-of-any-vehicle-30028154.html


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    #18
    AndrewJRenko
    Registered Users Posts: 28,362 ✭✭✭✭AndrewJRenko


    Effects wrote: »
    She's been in multiple car accidents, knocked down one pedestrian, led the Gardaí on chases on multiple occasions.

    Someone like that shouldn't be allowed to drive, pending court cases that seem to take years.

    They're not 'accidents', they are crashes.


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