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Drink Driving Charge - Solicitor recommendation

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Comments

  • Registered Users, Registered Users 2 Posts: 6 jfelectric


    Thank You Pro. for that much appreciated.
    I will go find a solicitor tomorrow.
    The date of the offence alleged was the 15/4/2011.
    summons date 9/6/2014
    court date 23/10/2014
    then states that the 14/9//2011 application was made to central admin processing unit.

    Would that imply it has been with admin in the court until now? would seem a long time as several others in the area were done at the around the same time, got summons within couple of weeks.
    The bazaar thing is that one of the two Garda who stopped me since retired, apologised to me about 12 months later saying what they done was wrong something to do with 2006 legislation and there would be nothing more about it. He must not have known what the other cop was up to.


  • Registered Users, Registered Users 2 Posts: 8,451 ✭✭✭CharlieCroker


    The original summons was applied for within 6 months so I'd imagine it was an issue with service. Have you moved address? Were you abroad? Do you live in a rural area?


  • Registered Users, Registered Users 2 Posts: 6 jfelectric


    Yes Charlie the summons seems was applied for within 6 months by the Garda all right but looks like the court admin. only responded now to this application otherwise the court case date would have been set for years ago and if I didn't attend I have been arrested by now.
    Is there any way of knowing for sure this was applied for within the 6 months, as it would look like the Garda and Admin colluded, and just back dated it now. For reasons such as the whistle blowers brought to light "cases not going to court".
    Maybe I hope the solicitor get these details
    anyway thanks


  • Registered Users, Registered Users 2 Posts: 6 jfelectric


    Can anyone recommend a good solicitor. Meath Longford Cavan Leitrim Louth Dublin as I would like to defend the case.


  • Registered Users, Registered Users 2 Posts: 8,451 ✭✭✭CharlieCroker


    jfelectric wrote: »
    Yes Charlie the summons seems was applied for within 6 months by the Garda all right but looks like the court admin. only responded now to this application otherwise the court case date would have been set for years ago and if I didn't attend I have been arrested by now.
    Is there any way of knowing for sure this was applied for within the 6 months, as it would look like the Garda and Admin colluded, and just back dated it now. For reasons such as the whistle blowers brought to light "cases not going to court".
    Maybe I hope the solicitor get these details
    anyway thanks

    Relax with the conspiracy theory, you're starting to look desperate.

    The original summons would have had a court date 3-6 months after it was applied for. Any subsequent reissue would be the same. The original summons would have been returned to the Gardai for service but appropriate service couldn't be completed for some reason, hence the reissue.

    You wouldn't have been arrested as there's no power of arrest!


  • Registered Users, Registered Users 2 Posts: 6 jfelectric


    No not desperate at all, just If it looks like a duck!

    Not familiar with the time limits involved and the whole thing about reissuing of the summons. I thought the idea behind the 6 months limit was so that an individual did not have a case hanging over them indefinitely.
    Seems what Pro. has stated the Garda need to go back to the court within 6 months of the first issue if the summons was not served apply again. so they would have done this 7 times in my case, also one of the Garda involved that spoke to me was telling me lies.
    I never changed address and would have been calling at the station many times over the past few years. Gun licenses, tax renewal, passports, to name a few.


  • Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    jon1010 wrote: »
    Coming from somebody who was prosecuted for 54mg breath sample, my best advice for your friend is to tell him to accept it and move on from it. My solicitor advised me to plead guilty straight away to get a low fine, the 2yr driving ban is non negotiable though, although it is possible to appeal after two thirds of the ban has been served!
    The other option the solicitor gave me was to fight the case and try to get off on a technicality, however he informed me that this option would incur a far greater cost in legal fees and my chances of suceeding were very low! Needless to say I went for the first option!

    The legislation is fairtly well tied up now and it is difficult to get an escape route.
    if you have the confidence to speak up for yourself, don't get a solicitor, plead guilty and apologise, the higher you give your earnings as the higher the judge will be inclined to fine you. If asked why you have no solicitor just say that you wish to plead guilty and don't have the money to spare and that you know there will be a fine to pay also.


  • Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    jfelectric wrote: »
    No not desperate at all, just If it looks like a duck!

    Not familiar with the time limits involved and the whole thing about reissuing of the summons. I thought the idea behind the 6 months limit was so that an individual did not have a case hanging over them indefinitely.
    Seems what Pro. has stated the Garda need to go back to the court within 6 months of the first issue if the summons was not served apply again. so they would have done this 7 times in my case, also one of the Garda involved that spoke to me was telling me lies.
    I never changed address and would have been calling at the station many times over the past few years. Gun licenses, tax renewal, passports, to name a few.

    Get a solicitor on to this. There are plenty cases stated re delays in prosecution.


  • Registered Users, Registered Users 2 Posts: 10 guy5


    Hi, if anyone here has a recommendation for a solicitor for advice on a DUI summons I would appreciate it.

    :-)


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  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    Sorry, solicitor recommendations not allowed here
    In most District Court areas there are solicitors who are good at DD cases
    Your usual solicitor will be able to advise depending on area involved
    As this is an old thread am closing it now


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