ADVICE NEEDED! COURT DATE FOR THE "INTENTION" TO DRINK AND DRIVE

outofthisrock

Almost a year ago exactly, on the 26-02-12 after finishing work at 10:30pm, I drove to meet my two friends in a Tesco car park about 3 minutes walking distance from a nightclub we were all planning to attend.

I parked up my car at the very back of the car park and my friends got into it with me, where we all started drinking a shoulder of vodka each along with a mixer. We were using my car simply because we had no other place to pre-drink and because it was late. The intention was to finish the shoulder, leave the car park and walk up to the night club and all get a taxi home together afterwards.

I had often left my car in this same Tesco car park before and always collected it the following day. There was absolutely no intention whatsoever of moving the car from the position it was in that night. I have never driven under the influence and am just as against drink driving as anybody else.

Roughly eight to ten minutes before we were about to leave my car battery died. We had been listening to music the whole time on the cars c.d player and here's where I admittedly made a very stupid mistake. I turned on the engine to charge the battery.

We still had a little bit left to drink and wanted to finish the c.d we were listening to. Bear in mind, we were at the back of a car park on an extremely foggy night and it was completely deserted.

The engine was running for little over a minute when suddenly we saw lights in the distance. I turned off the engine quickly as a car approached. BANG, an un-marked garda car pulled up beside us and I was arrested and brought to the station.

About half an hour later I was breathalyzed and found to be over the limit. I was told by the super independent that I had two choices; pay a 200 euro fine or face a court charge. I told him I would pay the 200 fine, as up until that point in my life I had no previous convictions and wanted to maintain a clear record. I was told to hand in my full drivers licence within the next ten working days, (the two guards who arrested me forgot to check at the scene that I had one) and then I was released.

I handed in my licence the very next day and was given a receipt as proof of this. I never received the fine and for 10 months I didn't hear a word. I was fully convinced I was after being left of the hook for good behavior and co-operation. By **** was I wrong.

Out of nowhere, just last December, I got a letter with a court sitting for the 21st of march 2013, (next month) with the official accusation I have to answer to stating that I was "in charge of a mechanically propelled vehicle with the intent to drive/attempt to drive the said vehicle but not driving or attempting to drive while their was a present in your body a quantity of 22 microgrammes of alcohol per 100 millilitres of breath, to wit 25 microgrammes of alcohol per 100 milliltres of breath).

To make matters even worse I am hoping to emigrate to Canada this June, and the only thing left required for my visa application at the moment is a police certificate. Is it still possible to get the certificate?, could my visa get refused because of this and should I get legal representation for my court date?.Basically....am I screwed??. I know the engine running and keys in the ignition probably puts the nail in the coffin for me, but any advice/help would be greatly appreciated.

valleyoftheunos

No advice allowed as per charter.

See a solicitor, They will be the best person to advise you.

ABajaninCork

I think you'd better get a brief. One who is well versed in these kind of cases...

Good luck!

ResearchWill

Go to a solicitor don't listen to anything you hear on the Internet, there are serious issues that a solicitor can advise you on. There is a very slight chance you may be entitled to legal Aid.

To pick a solicitor, ask friends and family, go to local DC and watch them in action, speak to whoever you pick and make sure ye click and you understand what he or she is saying.