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What happens when a drink driving ban is up?

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  • Registered Users Posts: 3,945 ✭✭✭0ph0rce0


    Stheno wrote: »
    Your driving ban invalidated your insurance and while banned you had no licence, so the above two statements are untrue.

    Well I wasn't driving during the ban, I meant after the ban was lifted of course


  • Registered Users Posts: 3,945 ✭✭✭0ph0rce0


    what part of disqualified to drive do you not understand?

    you had no insurance and no license because you should not be driving.

    we will leave out the fraud, to complicated for you.

    Like I said I wasn't driving while in the ban was in place. I'm not a complete idiot.


  • Registered Users Posts: 1,759 ✭✭✭gustafo


    0ph0rce0 wrote: »
    Well I wasn't driving during the ban, I meant after the ban was lifted of course

    well when it will come to light which it will and the insurance company's find out i think you will find it very hard if not impossible to get insurance again,

    At the end of the day it's fraud and insurance company's won't even entertain you.


  • Registered Users Posts: 7 cantwellsam


    DavyD_83 wrote: »

    Kinda off topic: can you get penalty points opn a Provisional License?

    Yes you can. Your license number, the 9 digit one is the same on your full, as it is on your provisional.


  • Registered Users Posts: 20,429 ✭✭✭✭kneemos


    0ph0rce0 wrote: »
    Well I wasn't driving during the ban, I meant after the ban was lifted of course

    Correct me if I'm wrong but the guards say you were driving erradically and they saw you leaning against your car drinking?


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  • Registered Users Posts: 3,945 ✭✭✭0ph0rce0


    gustafo wrote: »
    well when it will come to light which it will and the insurance company's find out i think you will find it very hard if not impossible to get insurance again,

    At the end of the day it's fraud and insurance company's won't even entertain you.

    It was 10 years ago, we'll see, i'll deal with that when the time comes.

    Right i'm off for a drive


  • Posts: 24,715 [Deleted User]


    gustafo wrote: »
    well when it will come to light which it will and the insurance company's find out i think you will find it very hard if not impossible to get insurance again,

    At the end of the day it's fraud and insurance company's won't even entertain you.

    What the poster did was obviously totally wrong but once it was more than 5 years ago he is almost definitely in the clear especially if he is with a different insurance company as he is only obliged to declare convictions in the last 5 years when getting insurance.

    I have heard of people being done while not driving, i.e. sleeping in the car etc and I think its an absolute disgrace. The person should have to be in the drivers seat with the engine on before being done for drunk in charge or else be driving before they can be done.


  • Registered Users Posts: 3,945 ✭✭✭0ph0rce0


    kneemos wrote: »
    Correct me if I'm wrong but the guards say you were driving erradically and they saw you leaning against your car drinking?

    Pretty much, I got the cans out, started walking, they stopped me, took my keys, went to my car, snooped around it, arrested me, and made up some bull **** story in court.

    I asked for the CCTV from the street but of course they wouldn't and I got my solicitor to get it and it went missing of course. Would have showed when I got there, and when I got my can out, with no driving with alcohol in my system what so ever.

    They had nothing better to do than just **** someone over that night, and I was in the wrong place at the wrong time.


  • Registered Users Posts: 1,759 ✭✭✭gustafo


    What the poster did was obviously totally wrong but once it was more than 5 years ago he is almost definitely in the clear especially if he is with a different insurance company as he is only obliged to declare convictions in the last 5 years when getting insurance.

    I have heard of people being done while not driving, i.e. sleeping in the car etc and I think its an absolute disgrace. The person should have to be in the drivers seat with the engine on before being done for drunk in charge or else be driving before they can be done.

    That used to be the case, but now most if not all insurance company's ask have you ever had any convictions, that would mean any time since you started driving.


  • Registered Users Posts: 3,012 ✭✭✭Plazaman


    0ph0rce0 wrote: »
    I got done for drinking beside my car, went out, went for a few pints, had cans in the car so we went up and got them to drink before we went into the club.

    Guards drive around the corner, handcuffs on, bring me back to blow in the machine, limit was 0.35 I blew a 0.36, make up some bull**** story in court and banned for a year, endorsement on the license for 3 years.

    I didn't give a **** cause I didn't do anything wrong, so I copied my license before it got stamped and always sent that in for insurance, yes I know fraud, wasn't paying 4000 to drive, when I got it back it was just handed back no retest

    When in the station the guards kept asking me Do You Have Anything To Say? YES I Said I wasn't even in my car nevermind ****ing driving, Scumbags.

    That's a bit píssy to be sure but I think there is something about having your car keys on you when pissed and in the vicinity of your car, you may have no intention to drive but have the ability to do so. Maybe I'm wrong, anyone?

    The reason I say this is I do remember reading a local court case where a guy was out on the lash and decided to sleep in his car. He was sound asleep in the passenger seat when the Guards woke him up and nicked him. However the court was told that the car keys were in his jacket which was in the boot of the car and he had no intention of driving so he got off.


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  • Registered Users Posts: 129 ✭✭Mansized Wreath


    Was it for DUI? I have a feeling even after the ban ends His insurance will go up considerably. AFAIK there is a shared database of info the guards and insurace companies can feed off
    Nope. Court expects you to inform insurance company of the ban, they don't follow it up with you nor write to them.


  • Registered Users Posts: 3,945 ✭✭✭0ph0rce0


    Plazaman wrote: »
    That's a bit píssy to be sure but I think there is something about having your car keys on you when pissed and in the vicinity of your car, you may have no intention to drive but have the ability to do so. Maybe I'm wrong, anyone?

    The reason I say this is I do remember reading a local court case where a guy was out on the lash and decided to sleep in his car. He was sound asleep in the passenger seat when the Guards woke him up and nicked him. However the court was told that the car keys were in his jacket which was in the boot of the car and he had no intention of driving so he got off.

    I can understand that alright, but its still stupid. Especially that I was 0.01 over the limit to drive, but really didn't matter anyway cause I wasn't driving.

    The funny thing is when In court with everyone for the same offence, one lad that read something like over 100 got no fine and no ban, 2 little posh boys who were pissed well over the limit and caught street racing in cars they didn't own got no fine and let go.

    Yet the one person who didn't drive gets a 1 year ban, 3 year endorsement and a 500 quid fine.

    Jokers.


  • Registered Users Posts: 20,429 ✭✭✭✭kneemos


    0ph0rce0 wrote: »
    I can understand that alright, but its still stupid. Especially that I was 0.01 over the limit to drive, but really didn't matter anyway cause I wasn't driving.

    The funny thing is when In court with everyone for the same offence, one lad that read something like over 100 got no fine and no ban, 2 little posh boys who were pissed well over the limit and caught street racing in cars they didn't own got no fine and let go.

    Yet the one person who didn't drive gets a 1 year ban, 3 year endorsement and a 500 quid fine.

    Jokers.

    You don't get a one year ban for .01


  • Registered Users Posts: 173 ✭✭GMROCKS


    any idea where to look 4 insurance after dui,,me 4 yr ban refused to blow,,told them take the piss they didnt:)


  • Registered Users Posts: 3,945 ✭✭✭0ph0rce0


    kneemos wrote: »
    You don't get a one year ban for .01

    Oh trust me you do, everyone else might not, but I did.


  • Registered Users Posts: 20,429 ✭✭✭✭kneemos


    0ph0rce0 wrote: »
    Oh trust me you do, everyone else might not, but I did.

    Three months at most,your bull**** is catching up with you.


  • Registered Users Posts: 3,945 ✭✭✭0ph0rce0


    There is no bull**** there my good sir, I couldn't give a **** if your a guard yourself.

    I know exactly what happened, I was .1 over the limit and I was banned for one year.

    I would gladly go to the police station with you and ask for the readout if they still have it on file.

    And like I said the guards were complete ****.


  • Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    kneemos wrote: »
    I can assure you it is right.

    Go and read Section 29 of the Road Traffic Act 1961 as inserted by Section 7 of the Road Traffic Act 2006 as amended by Section 67 of the Road Traffic Act 2010 and come back to me.
    kneemos wrote: »
    They may have changed the rules but it certainly used to be the case.

    Ah. Well then you can presumably unassure me.


  • Registered Users Posts: 20,429 ✭✭✭✭kneemos


    Reloc8 wrote: »
    Go and read Section 29 of the Road Traffic Act 1961 as inserted by Section 7 of the Road Traffic Act 2006 as amended by Section 67 of the Road Traffic Act 2010 and come back to me.



    Ah. Well then you can presumably unassure me.

    No.


  • Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Touchay.

    Well played sir.


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  • Registered Users Posts: 74 ✭✭dollypet


    *looks round*
    cool story bro:cool:


  • Closed Accounts Posts: 2,350 ✭✭✭doolox


    If you are sitting in a car with the keys in the ignition even if you never move it you are in charge of a motor vehicle and can be bagged etc and are subject to all the rigours of the law as if you were driving.

    I remember this happening to a man who was listening to a match on the radio in his car on his private driveway who was approached, cautioned and bagged by cops even though he wasnt seen to be moving the car in a public place.

    It was probably a case of the cops word against the mans. Also I suspect they were after a habitual offender and were determined to get their man.

    Another case involved a person at a wedding retrieving some item from her car parked in a public place when accosted by the cops only this time she didnt have the keys in the ignition but it was a close thing with a lot of verbals between the woman and the cops.

    When drunk NEVER ever put the keys in the ignition of a car as this seems to be the cross over point between legal and illegal. Better still get someone sober to retrieve left behind stuff from a car if staying overnight somwhere after consuming alcohol.


  • Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    0ph0rce0 wrote: »
    The funny thing is when In court with everyone for the same offence, one lad that read something like over 100 got no fine and no ban, 2 little posh boys who were pissed well over the limit and caught street racing in cars they didn't own got no fine and let go.

    Yet the one person who didn't drive gets a 1 year ban, 3 year endorsement and a 500 quid fine.

    Jokers.

    Naaaaaaaaaaaaaaaaaaaaah.

    The other folk you mentioned are either made up or were not convicted of drink driving offences.


  • Closed Accounts Posts: 967 ✭✭✭HeyThereDeliah


    doolox wrote: »
    If you are sitting in a car with the keys in the ignition even if you never move it you are in charge of a motor vehicle and can be bagged etc and are subject to all the rigours of the law as if you were driving.

    I remember this happening to a man who was listening to a match on the radio in his car on his private driveway who was approached, cautioned and bagged by cops even though he wasnt seen to be moving the car in a public place.

    It was probably a case of the cops word against the mans. Also I suspect they were after a habitual offender and were determined to get their man.

    Another case involved a person at a wedding retrieving some item from her car parked in a public place when accosted by the cops only this time she didnt have the keys in the ignition but it was a close thing with a lot of verbals between the woman and the cops.

    When drunk NEVER ever put the keys in the ignition of a car as this seems to be the cross over point between legal and illegal. Better still get someone sober to retrieve left behind stuff from a car if staying overnight somwhere after consuming alcohol.

    I'm not convinced its this easy for cops to arrest someone for drunk in charge.
    They have to form the opinion you were going to drive surely, keys in ignition, engine hot or running, smell of alcohol from driver.


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