Drink Driving Convictions & Disqualification

Our man in Havana

I take it that all disqualications are stayed for 14 days?

dermot_sheehan

Bond-007 wrote:

I take it that all disqualications are stayed for 14 days?

No, only stayed from the moment notice of appeal is filed. Order 101 rule 6 of District Court rules. http://www.irishstatutebook.ie/ZZSI93Y1997.html

maidhc

gabhain7 wrote:

No, only stayed from the moment notice of appeal is filed. Order 101 rule 6 of District Court rules. http://www.irishstatutebook.ie/ZZSI93Y1997.html

If the appeal isn't in within 14 days then it will not be stayed.

Our man in Havana

So it is not possible to drive home from the court?

dermot_sheehan

Once the District Court judge signs the order, you are disqualified, once you file notice of appeal, order is stayed so file notice of appeal before driving home from courthouse.

seamus

I've split this into a new thread as it's quite an interesting topic.

Jo King

seamus wrote:

I've split this into a new thread as it's quite an interesting topic.

The judge can and is often requested to stay the ban for a period of time after the conviction. Some stay the ban for 14 days as a matter of course and will do so for longer if sufficient reasons are given.

445279.ie

Bond-007 wrote:

So it is not possible to drive home from the court?

The ban comes into effect on the 15th day after court unless the Judge orders otherwise. For expamle, if you were in court today and needed time to make arrangements re job, the court can postpone the commencement date for a period of up to 6 months.

Our man in Havana

maidhc wrote:

If the appeal isn't in within 14 days then it will not be stayed.

It would be impossible to get an appeal heard within 14 days imho.

maidhc

Bond-007 wrote:

It would be impossible to get an appeal heard within 14 days imho.

The appeal must be lodged, not heard. If the appeal is not lodged within the 14 day period, then the ban cannot be stayed, and the driver will have to get a taxi to his appeal hearing.