Drink Driving

ukg07

I am temporally working in Ireland and I'm a UK resident. I know drink driving is a very silly thing to do but I was stopped for it. I'v been told that I will get an automatic 3 year driving ban and this will affect me in the whole of Europe. Could someone tell me how true this is? And also I was told by the Garda that if I wasnt to turn to court after returning to the UK that I wont actually get convicted so there for wont get banned? Can anyone confirm this? or will they convict me in my absence n present me with a driving ban? Many thanks

MagicSean

If a persone is convicted of driving under the influence there is a mandatory driving ban. If a person is convicted of failing to provide a sample there is a mandatory driving ban.

If you have signed a bailbond and do not turn up to court then a bench warrant and penal warrant will be issued for you. You may also be convicted in your absence.

peckerhead

Pay a solicitor to show up for you in court. They "like" that, and your fine will probably be lower, perhaps enough to offset the solicitor's fee. Also, write a cap-in-hand letter to the Court Clerk, which will be read by the judge on the day. Keep it short, don't justify yourself, apologise unreservedly and say you've learnt an important lesson, etc.

Depending on how much you were over the limit, there is a sliding scale of 12/24/36 months' mandatory ban, an endorsement and a fine at the judge's discretion — typically €300 for a first offence, but it can go much higher. The ban won't be applicable outside the Republic, but whatever licence you're using will be endorsed and this may affect your insurance in the UK, or give you problems down the road with car rental firms, etc.

Unless you have both a UK and an Irish licence, in which case "lose" the Irish one and get a replacement one issued (for endorsement), then revert to the English one.

And don't do it again.

MagicSean

In many cases I've observed the judge refuse to allow any mitigation when the accused doesn't bother showing up.

Wils110

Driver type Concentration of alcohol Fine Additional penalty
Experienced drivers (a) Not exceeding 80mg of alcohol per 100ml of blood
(b) Not exceeding 107mg of alcohol per 100ml of urine
(c) Not exceeding 35mcg of alcohol per 100ml of breath €200 3 penalty points
Experienced drivers (a) Exceeding 80mg but not exceeding 100mg of alcohol per 100ml of blood
(b) Exceeding 107mg but not exceeding 135mg of alcohol per 100ml of urine
(c) Exceeding 35mcg but not exceeding 44mcg of alcohol per 100ml of breath €400 6 months disqualification
Other drivers (a) Not exceeding 80mg of alcohol per 100ml of blood
(b) Not exceeding 107mg of alcohol per 100ml of urine
(c) Not exceeding 35mcg of alcohol per 100ml of breath €200 3 months disqualification
Court system
If you have to go to court the disqualification periods for drink driving convictions are as follows:

Concentration of alcohol First offence (period of disqualification) Second offence (period of disqualification)
(a) Not exceeding 80mg of alcohol per 100ml of blood
(b) Not exceeding 107mg of alcohol per 100ml of urine
(c) Not exceeding 35mcg of alcohol per 100ml of breath 6 months 1 year
(a) Exceeding 80mg but not exceeding 100mg of alcohol per 100ml of blood
(b) Exceeding 107mg but not exceeding 135mg of alcohol per 100ml of urine
(c) Exceeding 35mcg but not exceeding 44mcg of alcohol per 100ml of breath 1 year 2 years
(a) Exceeding 100mg but not exceeding 150mg of alcohol per 100ml of blood
(b) Exceeding 135mg but not exceeding 200mg of alcohol per 100ml of urine
(c) Exceeding 44mcg but not exceeding 66mcg of alcohol per 100ml of breath 2 years 4 years
(a) Exceeding 150mg of alcohol per 100ml of blood
(b) Exceeding 200mg of alcohol per 100ml of urine
(c) Exceeding 66mcg of alcohol per 100ml of breath 3 years 6 years

How pissed where you

ResearchWill

peckerhead wrote: »

Pay a solicitor to show up for you in court. They "like" that, and your fine will probably be lower, perhaps enough to offset the solicitor's fee. Also, write a cap-in-hand letter to the Court Clerk, which will be read by the judge on the day. Keep it short, don't justify yourself, apologise unreservedly and say you've learnt an important lesson, etc.

Depending on how much you were over the limit, there is a sliding scale of 12/24/36 months' mandatory ban, an endorsement and a fine at the judge's discretion — typically €300 for a first offence, but it can go much higher. The ban won't be applicable outside the Republic, but whatever licence you're using will be endorsed and this may affect your insurance in the UK, or give you problems down the road with car rental firms, etc.

Unless you have both a UK and an Irish licence, in which case "lose" the Irish one and get a replacement one issued (for endorsement), then revert to the English one.

And don't do it again.

I thought an Irish ban of UK driver allowed that driver to be banned in UK, http://www.transport.ie/pressRelease.aspx?Id=169

ukg07

peckerhead wrote: »

Pay a solicitor to show up for you in court. They "like" that, and your fine will probably be lower, perhaps enough to offset the solicitor's fee. Also, write a cap-in-hand letter to the Court Clerk, which will be read by the judge on the day. Keep it short, don't justify yourself, apologise unreservedly and say you've learnt an important lesson, etc.

Depending on how much you were over the limit, there is a sliding scale of 12/24/36 months' mandatory ban, an endorsement and a fine at the judge's discretion — typically €300 for a first offence, but it can go much higher. The ban won't be applicable outside the Republic, but whatever licence you're using will be endorsed and this may affect your insurance in the UK, or give you problems down the road with car rental firms, etc.

Unless you have both a UK and an Irish licence, in which case "lose" the Irish one and get a replacement one issued (for endorsement), then revert to the English one.

And don't do it again.

The solicitor I spoke to said if I dont plan on coming back to Ireland then just dont turn up to court, they will be a bench warrant put out but they wont come to Englad to arrest me for it? He seemed to think it wont affect my Enlglish licence. Im very confused?

ukg07

MagicSean wrote: »

In many cases I've observed the judge refuse to allow any mitigation when the accused doesn't bother showing up.

Does this mean I will still be convicted in my absence?

ResearchWill

ukg07 wrote: »

The solicitor I spoke to said if I dont plan on coming back to Ireland then just dont turn up to court, they will be a bench warrant put out but they wont come to Englad to arrest me for it? He seemed to think it wont affect my Enlglish licence. Im very confused?

From the CPS website http://www.cps.gov.uk/legal/l_to_o/mutual_recognition_of_driving_disqualification/#a02

Effects of mutual recognition of driving disqualifications with Ireland
If a driver resident in the UK is disqualified from driving in Ireland, the disqualification will also apply in the UK. The driver will be informed of any remaining period of disqualification due to be served in the UK; the driving licence must be surrendered until the disqualification period has been served in full and it will be an offence to drive in the UK during that period.

Likewise, if a driver resident in Ireland is disqualified in the UK, the disqualification will also be applied in Ireland by the Irish authorities.

ukg07

ResearchWill wrote: »

From the CPS website http://www.cps.gov.uk/legal/l_to_o/mutual_recognition_of_driving_disqualification/#a02

Effects of mutual recognition of driving disqualifications with Ireland
If a driver resident in the UK is disqualified from driving in Ireland, the disqualification will also apply in the UK. The driver will be informed of any remaining period of disqualification due to be served in the UK; the driving licence must be surrendered until the disqualification period has been served in full and it will be an offence to drive in the UK during that period.

Likewise, if a driver resident in Ireland is disqualified in the UK, the disqualification will also be applied in Ireland by the Irish authorities.

I understand this mate but I cant understand why the solicitor as said he will plead NOT GUITY in my absence and said if I dont return to Irealnd then I will be fine???

ResearchWill

ukg07 wrote: »

Does this mean I will still be convicted in my absence?

Usually where there is no possibility of jail time the DC may decide to hear the case of a no show, which may involve a conviction. If the court decides not to hear the matter then a bench warrant will issue, which will cause difficulty if you ever enter Ireland again.

You can instruct a solicitor to deal with the matter in your absence if you wish, or you may decide to turn up, or you may decide to ignore the Irish legal system and take that risk, but you have to take any fall out from which ever decision you make.

peckerhead

ResearchWill wrote: »

I thought an Irish ban of UK driver allowed that driver to be banned in UK, http://www.transport.ie/pressRelease.aspx?Id=169

I stand corrected; didn't realise that. [Edit: and ResearchWill got there quicker...]

The Irish court's ruling is not legally valid outside the jurisdiction, but notification of the ban is sent to the UK from the Irish authoritites. Here's how it works from the UK end.

I'd have to wonder about that solicitor's advice. In addition to the ban following you to the UK anyway, why would you waste the court's time, be convicted anyway, and probably pay a higher fine?

ResearchWill

ukg07 wrote: »

I understand this mate but I cant understand why the solicitor as said he will plead NOT GUITY in my absence and said if I dont return to Irealnd then I will be fine???

Maybe get another solicitor, it is my understanding that if a ban is given, then the CPS in UK are advised, and I believe a court application is made to give the ban effect in UK.

It is always better if fighting a case to turn up, you may have to give evidence, the courts will arrange to set a specific day for hearing that is convenient.

ukg07

Cheers, Thanks for the info guy's. It's still very confusing tho cos both the Garda that stopped me n the solicitor that I spoke both basically said if I'm not a permanent resident in Ireland then I should just not bother turning up at court and I will be OK, apart from if I ever returned to Ireland and caught driving again then the punishment would be twice as bad. I can honestly say the fact iv got the possibility of losing my UK licence has defonately made me learn my lesson. Thanks once again guys.

ResearchWill

ukg07 wrote: »

Cheers, Thanks for the info guy's. It's still very confusing tho cos both the Garda that stopped me n the solicitor that I spoke both basically said if I'm not a permanent resident in Ireland then I should just not bother turning up at court and I will be OK, apart from if I ever returned to Ireland and caught driving again then the punishment would be twice as bad. I can honestly say the fact iv got the possibility of losing my UK licence has defonately made me learn my lesson. Thanks once again guys.

No offence to any member of AGS but not a good idea to take legal advice from them, they have a job todo and part of that job is not to give legal advice, his job is to detect and prosecute crime.

The solicitor may be incorrect, but to be fair this is a relatively new area of law, ok almost 3 years, but I doubt any or many lawyers have come across the matter happening.

Is the solicitor an expert in Drink Driving, depending how important your licence is a full fight may be best and get a good DD solicitor and if appeal Barrister involved.

I assume you have been charged by charge sheet and have a return date, at least get you solicitor to request copy statements to see if there is any good legal point on the evidence before deciding what to do.

ukg07

The solicitor said he's dealt with many drink driving cases but never come across anyone being banned in the UK as well as Ireland. Well I don't drive for a living but have to take my wife to the hospital every other night to get dialysis so that's the only importance of my licence. As I'm already back home in the UK is they any point in spending all that money to come back to Ireland to go to Court to get banned if I'm going to be banned whether I turn up to court or not?

ukg07

Could some one suggest a good solicitor as well please?

peanut123

Similar question... I have a full Irish licence but I have been caught drink driving in Ireland and am going to lose my licence (probably within the next 2-3 months), but I am meant to be starting a job in England in a few weeks which I need a licence for. I explained this to the guard who told me I may be able to acqiure a UK licence to allow me to drive over there, anyone have any information regarding this

CallMePaul

Sorry for jumping in on the thread but I'm due to be put off the road in the next two weeks barring a miracle (or technicality).

My question is how long can I drive for after the actual court day?

Did I read somewhere it was 2 weeks? ... I can't find anything now on it to confirm.

ResearchWill

CallMePaul wrote: »

Sorry for jumping in on the thread but I'm due to be put off the road in the next two weeks barring a miracle (or technicality).

My question is how long can I drive for after the actual court day?

Did I read somewhere it was 2 weeks? ... I can't find anything now on it to confirm.

I am assuming its not an appeal, so yes ban does not take effect till day 15, to allow for appeal. But your solicitor can also request a postponement for upto 6 months. If you appeal ban does not start until appeal decided.

CallMePaul

ResearchWill wrote: »

No offence to any member of AGS but not a good idea to take legal advice from them, they have a job todo and part of that job is not to give legal advice, his job is to detect and prosecute crime.

The solicitor may be incorrect, but to be fair this is a relatively new area of law, ok almost 3 years, but I doubt any or many lawyers have come across the matter happening.

Is the solicitor an expert in Drink Driving, depending how important your licence is a full fight may be best and get a good DD solicitor and if appeal Barrister involved.

I assume you have been charged by charge sheet and have a return date, at least get you solicitor to request copy statements to see if there is any good legal point on the evidence before deciding what to do.

No it's not an appeal and there won't be an appeal either.

If I'm lucky I'll get off on a technicality and if not I'll take the punishment for my stupidity

Thanks.