Driving Ban (Sorry If In Wrong Section)

0tinytim0

Got banned for a year for being over the limit, Came Up .37 on the machine thingy...

Wasn't driving, getting cans outa the car near the nightclub before we went in, had the keys on me and it all looked suspicious, Solicitor said i'm guarenteed to get off but he wanted €4000 euro for him and a barrister, couldn't afford it unless i sold my car, so had no choice but to take the ban.

Happend to my mate too, getting a CD ouuta the radio, keys in ignition for radio power, Got banned for 6 years... Crazyness ( wouldn't blow in machine) Gob Shi*e

Looking to see if anyone has got there licence back early at all recently or is there no hope.

Just wondering if there would be any hope of getting a licence back10 days early, girlfriends due baby about 10 days before i get it back, And i'm gonna need the car to drive her in and all that, getting in and out of the hospital with my other child, cant really explain but ya know what i mean

Ambulance could take ages, just thinking the worst here..LOL

Any advice would be a treat

Paddy001

Well if you live in a rural area..... I know fellas that were baned and still driving Ok realistically though I don't think you can get it back early, shouldn't have got her pregnant! :rolleyes: Best have a mate or someone on call thats all you can do

L1011

Was the ban already reduced to 6 months or are you ten days short of a year?

If its the latter you'd be fairly likely to get it reinstated if you applied and turned up in a suit all apologetic with a letter from a doctor confirming her expected date of delivery. If its the former, probably not.

0tinytim0

Paddy001 wrote: »

Well if you live in a rural area..... I know fellas that were baned and still driving Ok realistically though I don't think you can get it back early, shouldn't have got her pregnant! :rolleyes: Best have a mate or someone on call thats all you can do

True True, I suppose It's the only way, In Dublin, And If I Did Drive, I Know I'm The One That Will Be Stopped :rolleyes:

0tinytim0

MYOB wrote: »

Was the ban already reduced to 6 months or are you ten days short of a year?

If its the latter you'd be fairly likely to get it reinstated if you applied and turned up in a suit all apologetic with a letter from a doctor confirming her expected date of delivery. If its the former, probably not.

Ban was for a year and i'm just 10 days short of it, but ya never know, they always go a week or 2 over, Maybe i can try that. Cheers

L1011

0tinytim0 wrote: »

Ban was for a year and i'm just 10 days short of it, but ya never know, they always go a week or 2 over, Maybe i can try that. Cheers

From my local paper, a huge number of people who reapply after 6 months get it back. Be prepared for horrific insurance costs though!

0tinytim0

Yeah i'm ready for that shock :eek: if anyone will even give me insuance

Big Nasty

Paddy001 wrote: »

Well if you live in a rural area..... I know fellas that were baned and still driving Ok realistically though I don't think you can get it back early, shouldn't have got her pregnant! :rolleyes: Best have a mate or someone on call thats all you can do

Very useful info Paddy!

The solicitor is presumably including barrister / counsel fees with his quote. If you are completely genuine in your claims and you have witness', i.e. - you were not sitting in the car revving the bo**ox out of it when you were 'caught' I could imagine the judge being a bit more lenient. But only a solicitor can give you *real* legal advice. Get a second opinion dude!

0tinytim0

MYOB wrote: »

From my local paper, a huge number of people who reapply after 6 months get it back. Be prepared for horrific insurance costs though!

Just out of curiosity, does anyone know who i contact to make a pleas to get it back early or do i just go to court and ask??? havn't a clue

PCPhoto

you can appeal to the district court judge to have the ban reduced/apply for your licence to be returned (after a sufficient amount of time - similar to remission for jail time ...you dont serve the whole amount)

contact court services and ask their advice on the matter - they might tell you where to get the right advice.

I'm sure if you explained to a judge that you might need the car a couple of days early you will get your licence returned and probably best wishes from the judge.

0tinytim0

PCPhoto wrote: »

you can appeal to the district court judge to have the ban reduced/apply for your licence to be returned (after a sufficient amount of time - similar to remission for jail time ...you dont serve the whole amount)

contact court services and ask their advice on the matter - they might tell you where to get the right advice.

I'm sure if you explained to a judge that you might need the car a couple of days early you will get your licence returned and probably best wishes from the judge.

Cool i'll give them a bell soon, Cheers fo all the quick replies, Much Appreciated

johndaman66

Well I know you need to have the keys in the ignition to be done for dangerous driving. As such you may be able to get of on a techncality. Either that or as another poster suggested if you try to come across as really apologetic on your court appearance...dunno which would be the best approach. 4k seems excessive for legal fees. I say that without having a notion what they generally would be so dunno, maybe thats an and around the going rate...wouldn't surprise me too much either.

Edit: Should have said drink driving as opposed to dangerous driving

0tinytim0

johndaman66 wrote: »

Well I know you need to have the keys in the ignition to be done for dangerous driving. As such you may be able to get of on a techncality. Either that or as another poster suggested if you try to come across as really apologetic on your court appearance...dunno which would be the best approach. 4k seems excessive for legal fees. I say that without having a notion what they generally would be so dunno, maybe thats an and around the going rate...wouldn't surprise me too much either.

##

I just got the wrong guard on the wrong night i think, but i'll give the courts a ring and see if i can get some advice, Cheers

Fishtits

More to the point, I think that the legal fees charged should be looked at. The mechanism of the law should be available to everyone... or it fails its purpose.

Charging several grand for a days (hours) work is obscene and limits the regular punter's options severely. ( BTW I have Solicitors & Barristers who are life long buddies, so I know you lot are used to creaming it, If one of you are dumb enough to challenge this I will gladly lay your fee base bare...)

About time these guys joined the real world IMHO.

Offering an argument to an advocate... I'll be very surprised if there is no take up...

revenant

man i think you got creamed with costs for that case. you'll need to speak to a solicitor, as its as well to have somebody who knows what they're at , (get a different one), and they will submit the relevant paper work to the district court. your entitled to reapply after half your ban so 6 months in your case but get going on it before this in order to get a court date. i was in a similar situation and my legal costs were only a couple of hundred. based on the fact that you were barely over the legal limit and were not actually driving you pretty much certain to get it back unless the judge is a real ahole. put a suit on look contrite and let your legal do the talking. its a bit of purgatory but it'll be over in 10 mins. your insurance will be loaded by about 500 depending on any other convictions points what your driving years with full licence etc. dolmen insurance in artane or burke insurance in galway will get you the best quote. i wouldn't even consider driving without insurance or not disclosing to the insurance company that you have a conviction unless you fancy another taste of the legal system and 6 years on a bus and believe me 6 months without wheels is going to suck enough. good luck with it and good luck with the baby

Jo King

If the ban is for less than 2 years it cannot be lifted early. This has been the case for offences committed after 5th of March 2007 since that date. Driving while banned can result in a jail sentence. Some judges automatically impose a custodial sentence for this offence.

Sponge Bob

0tinytim0 wrote: »

Got banned for a year for being over the limit, Came Up .37 on the machine thingy...

Wasn't driving, getting cans outa the car

Possession of keys means you are 'in charge' and you can be banned for being drunk 'in charge'

Thats why people take the keys off drivers when they are pissed and sleeping it off in their cars , if the cops do not find the keys the driver cannot be charged with anything .

If in doubt get someone else to hold the keys OUTSIDE the car while you get in and get your stuff out of it . Having keys while NOT in car and while pissed does not mean you are in charge . 'Drunk in Charge' means over limit with keys WHILE inside car .

Keeping the door open at all times OR entering from passenger seat OR back seat and absolutely not sitting in drivers seat may help you on a technicality if you really must get in the car while pished .

Johnny Utah

Fishtits wrote: »

More to the point, I think that the legal fees charged should be looked at. The mechanism of the law should be available to everyone... or it fails its purpose.

Charging several grand for a days (hours) work is obscene and limits the regular punter's options severely. ( BTW I have Solicitors & Barristers who are life long buddies, so I know you lot are used to creaming it, If one of you are dumb enough to challenge this I will gladly lay your fee base bare...)

About time these guys joined the real world IMHO.

Offering an argument to an advocate... I'll be very surprised if there is no take up...

This is nonsense. Solicitors aren't creaming it anymore. Around 850 solicitors had to sign on in December alone. I would estimate that there's probably 1000, maybe even 2000, unemployed solicitors at this stage. Take a look at some of the threads in the legal discussion forum regarding unemployment if you don't believe me.

Newly qualified solicitors are working for buttons at the moment, some are even working without a wage just to gain experience.

Plus, how do you know exactly how many hours are involved in preparing a case?





(Mods- sorry for going off-topic but I felt this point had to be addressed).

stealthyspeeder

Im realising how lucky I am after reading this, last year I went to Newcastle (up north) and was staying at a friends, he didnt have his house keys on him, it was raining and we had a carry out and we were going out. So I parked up near the club, and put my steering lock on (keys for this are on my keyring with car keys), put the radio on (keys in the ignition) and started getting stuck into the carryout in my car with a few mates. The police came over and told me he could do me for Drink Driving (I actually laughed at him cause I genuinely didnt know that keys in the car let alone the ignition = drink driving) anyway, he was really sound, I told him the craic and he was cool enough about it, he parked up near the car park exit until we all finished and watched us go into the club.