Drink driving summons

bobbyy gee

What amount did he have
https://www.citizensinformation.ie/en/travel_and_recreation/motoring_1/driving_offences/drink_driving_offences_in_ireland.html#:~:text=If%20the%20alcohol%20level%20is,the%20end%20of%20the%20matter.

Trans Ann

peter4918 wrote: »

Sorry but based on the possible consequences of something so easily avoidable, waiting for punishment making you feel like crap is fully justified.

Fully agree, He’s only depressed because he got caught and now poor me I’m the victim waiting for the summons to come. Would he be depressed now thinking about his actions if he had drove home that night and not got caught? No I don’t think so and sure OP it’s for a friend of yours :rolleyes:[/quote]

Such ignorance on this. Maybe that's how you would act but the lad is suffering from depression I take it because he was so against drink driving because of what happened to his cousin not because he is in trouble. Your negativity and bitterness show through big time here and in fairness my description of him is true and its to give an insight to show these things happen to anyone before yas attack and he knows too well having seen it now from both sides. And what difference would it make for me to come on here as him when my I'm posting anonymously. All you're doing and the likes of yas are giving us and insight to your way of thinking. I'm not condoning what he done its a disgrace but if I've a mate who is suffering bad and lost everything because he's beating himself up for one mistake then I'm gonna look for answers to help him. So its easy to sit and judge u probably make it your business every day tp judge people to deflect from your own sad life and probably have done worse no doubt.. Who knows...but I doubt you're the sort to try and make sense of anything you can tell by your ignorant uninformed posts. Idiot.

ThewhiteJesus

Thousands get caught for drink driving every year so it’s not an uncommon mistake, luckily no one was hurt so he’ll move on in time I’m sure

begbysback

Mods should be more active here when threads like this are started in the legal forum, some posters seem to think this is the personal issues forum and can’t resist the urge to condemn.

peter4918

[/quote]
Nothing to do with the fact his cousin died from to and he feels he let him down no? [/quote]

Yes he most certainly did let his cousin down but he really didn’t give his cousin a second thought when he got behind the wheel drunk himself & could have inflicted the same fate on some other poor misfortune & their family.

Sure he made a mistake but he got caught so he’ll just have to man up & face whatever consequences come his way.

Maybe he’ll get fined & banned from driving for awhile who knows but he’ll get over it, hopefully lesson learned & be thankful that he never crashed into another car or knocked somebody over.

Not on a high horse but just galls me when people are defending drink drivers and making them out to be the victims.

Trans Ann

peter4918 wrote: »

Nothing to do with the fact his cousin died from to and he feels he let him down no? [/quote]

Yes he most certainly did let his cousin down but he really didn’t give his cousin a second thought when he got behind the wheel drunk himself & could have inflicted the same fate on some other poor misfortune & their family.

Sure he made a mistake but he got caught so he’ll just have to man up & face whatever consequences come his way.

Maybe he’ll get fined & banned from driving for awhile who knows but he’ll get over it, hopefully lesson learned & be thankful that he never crashed into another car or knocked somebody over.

Not on a high horse but just galls me when people are defending drink drivers and making them out to be the victims.[/quote]

I'm not defending him by any means and he's not playing the victim either,I happen to be worried about him and don't take kindly to people speaking about my friend like that when they font know him. Who he is and what he done are two different things. No one is themselves with drink but that's no excuse. He's not playing the victim I can see by him that he's not right since it happened and I'm worried about him that's all. So I asked a simple question and got replies which answered it and others which were angry about it..which is fair enough...but then others saying he deserves depression etc is just not on.

Trans Ann

[Deleted User] wrote: »

Drive him to a solicitor while you're on the way to your urologist appointment.

I had to look that up haha thanks I actually will

CinemaGuy45

begbysback wrote: »

Mods should be more active here when threads like this are started in the legal forum, some posters seem to think this is the personal issues forum and can’t resist the urge to condemn.

Like the OP talking about depression for example what has that got to do with the legal situation?

The OP asked for information of the legal situation and they got it.

The OP played the victim card and rightly got a reality check.

triona1

Strange place boards.ie at times, i tried posting a few minutes ago i may end up with a double post so mods delete as necessary.
I got a six year ban for less ,the answer to the op is it's up to the judge they don't suffer fools so don't be one tell your friend 🙂

begbysback

CinemaGuy45 wrote: »

Like the OP talking about depression for example what has that got to do with the legal situation?

The OP asked for information of the legal situation and they got it.

The OP played the victim card and rightly got a reality check.

Look, the op gave a bit more details than was necessary, then the high horse brigade came out in force, the op is also at fault for being too obliging, what they really needed to do was return the reality check and tell some posters to fcuk off.

Trans Ann

CinemaGuy45 wrote: »

Like the OP talking about depression for example what has that got to do with the legal situation?

The OP asked for information of the legal situation and they got it.

The OP played the victim card and rightly got a reality check.

I'm new to this thing. So I was told to enter it in legal discussions? So its appears to be really bothering people? I get the whole drink driving part wild bother people me but describing someone as depressed appears to have pissed people off. I have a right to defend what I wrote you're the one who seems to want me to have a reality check because you're on some kind of high horse and you think I'm not able to deal with your bull****. No victim card just a back story and an opinion. Maybe get out more honey

CinemaGuy45

Trans Ann wrote: »

I'm new to this thing. So I was told to enter it in legal discussions? So its appears to be really bothering people? I get the whole drink driving part wild bother people me but describing someone as depressed appears to have pissed people off. I have a right to defend what I wrote you're the one who seems to want me to have a reality check because you're on some kind of high horse and you think I'm not able to deal with your bull****. No victim card just a back story and an opinion. Maybe get out more honey

I am a man first of all and I am not on a high horse.
I think you are the person in question not a friend.

I have not had personal experience of a drunk driver either but I am sure many have.

Without emotion or judgment drink is a factor in a large percentage of fatalities on the road.
You get behind the wheel with drink and the Guards catch you what do you expect them to do?
Don't forget the Guards have to attend these road deaths and inform loved ones.

The legal system is busy right now the Guards have up to six months to deal with this.

We have all made mistakes in life but you have been caught and you are most likely going to lose your driving licence.
If the Guards are too busy or the case falls into the cracks you might get lucky.
This paragraph was the advice you wanted.

Your friend:D has not been put into the stocks and had rotten fruit thrown his way.
He decided to get into a car and drive it with drink taken and in return the state is very likely going to take away his right to drive seems fair to me.

I am not wishing anything bad on anybody but do I think people who get behind the wheel are taking drink should have their licence taken away yes I do.

I agree a stilly mistake with no malice behind it well a driving licence is a privilege not a right.

As regards depression and stress due to this incident if could have been avoided be getting a taxi.

triona1

CinemaGuy45 wrote:

As regards depression and stress due to this incident if could have been avoided be getting a taxi.

And there is the answer and from what I got from a judge a 6 year ban i was getting my handbag and stuff out of my car with my keys in my hand and proof I had rang a taxi,after mammy and daddy we all still have someone to answer to and rightly so in this case it's a judge. I hope it all works out ok.

Trans Ann

CinemaGuy45 wrote: »

I am a man first of all and I am not on a high horse.
I think you are the person in question not a friend.

I have not had personal experience of a drunk driver either but I am sure many have.

Without emotion or judgment drink is a factor in a large percentage of fatalities on the road.
You get behind the wheel with drink and the Guards catch you what do you expect them to do?
Don't forget the Guards have to attend these road deaths and inform loved ones.

The legal system is busy right now the Guards have up to six months to deal with this.

We have all made mistakes in life but you have been caught and you are most likely going to lose your driving licence.
If the Guards are too busy or the case falls into the cracks you might get lucky.
This paragraph was the advice you wanted.

Your friend:D has not been put into the stocks and had rotten fruit thrown his way.
He decided to get into a car and drive it with drink taken and in return the state is very likely going to take away his right to drive seems fair to me.

I am not wishing anything bad on anybody but do I think people who get behind the wheel are taking drink should have their licence taken away yes I do.

I agree a stilly mistake with no malice behind it well a driving licence is a privilege not a right.

As regards depression and stress due to this incident if could have been avoided be getting a taxi.

Oh whatever I did't even read any of that you've obviously issues...

mynamejeff

triona1 wrote: »

And there is the answer and from what I got from a judge a 6 year ban i was getting my handbag and stuff out of my car with my keys in my hand and proof I had rang a taxi,after mammy and daddy we all still have someone to answer to and rightly so in this case it's a judge. I hope it all works out ok.

if you got 6 years off the road it is very unlikely that it was your first time getting caught right ?

donegal_man

Have little to no sympathy for anyone who drinks and drives, everyone knows the rules and whether the OP or their friend is the offender is neither here nor there. However they came asking for information so here's a link.

Citizen's Advice Drink Driving Offences

BaronVon

triona1 wrote: »

And there is the answer and from what I got from a judge a 6 year ban i was getting my handbag and stuff out of my car with my keys in my hand and proof I had rang a taxi,after mammy and daddy we all still have someone to answer to and rightly so in this case it's a judge. I hope it all works out ok.

Since this is a supposed legal forum, I will have to ask. Is a 6 year ban not for a second or subsequent conviction for drink driving? So this was not your first conviction?

con___manx1

The Irish Court system in really slow in general. On of my friends was caught with no insurance. It took nearly 2 years before it went to court then he got a 2 year ban.

Trans Ann

con___manx1 wrote: »

The Irish Court system in really slow in general. On of my friends was caught with no insurance. It took nearly 2 years before it went to court then he got a 2 year ban.

Wow a bit ridiculous he should've got solicitor to speed it up couldn't he???. Apparently citizen information informed my friend it will be six months max to wait for this one so he has another two months I guess. Some people mentioned that already in this thread also.
So that be that.

ThewhiteJesus

peter4918 wrote: »

Nothing to do with the fact his cousin died from to and he feels he let him down no? [/quote]

Yes he most certainly did let his cousin down but he really didn’t give his cousin a second thought when he got behind the wheel drunk himself & could have inflicted the same fate on some other poor misfortune & their family.

Sure he made a mistake but he got caught so he’ll just have to man up & face whatever consequences come his way.

Maybe he’ll get fined & banned from driving for awhile who knows but he’ll get over it, hopefully lesson learned & be thankful that he never crashed into another car or knocked somebody over.

Not on a high horse but just galls me when people are defending drink drivers and making them out to be the victims.[/QUOTE]

if this isn't you on a high horse, i'd hate to see you on one.

CinemaGuy45

Trans Ann wrote: »

Oh whatever I did't even read any of that you've obviously issues...

You drink you don't get behind the wheel you must not have read that either.

You are the one with the issue.

Trans Ann

CinemaGuy45 wrote: »

You drink you don't get behind the wheel you must not have read that either.

You are the one with the issue.

Stop coming on to me will ya??. I'm not interested. I'm a married woman.

Bass Reeves

There are a good few here willing to cast the first stone. It amazing they go through life without making a mistake. They never do or contemplate doing anything wrong. It no wonder Ireland had so many saints. It must be an Irish thing.

There loads of other mistakes you can make that can cause mayhem but drink driving brings s peculiar streak out in some people. Speeding and wreckless driving seems to not get the same attention but hey that's life

Uncle Pierre

triona1 wrote: »

And there is the answer and from what I got from a judge a 6 year ban i was getting my handbag and stuff out of my car with my keys in my hand and proof I had rang a taxi,after mammy and daddy we all still have someone to answer to and rightly so in this case it's a judge. I hope it all works out ok.

I never set out to "cyber stalk" anybody through their posts history, but I found your story here strange, because nobody gets a six-year ban for simply removing some items from their car while holding their keys in their hand. So I had a look at what you posted before, and found this one -
https://www.boards.ie/vbulletin/showpost.php?p=112439182&postcount=171

You say there that the keys were actually in the ignition, and that you'd drunk three cans of beer while sitting in the car. Is that not the very definition of being drunk in charge, rather than a hard luck story?

Fact remains too that you don't get a six-year ban for a first offence.

Brand_New

Uncle Pierre wrote: »

Fact remains too that you don't get a six-year ban for a first offence.

One would think that 6 years for a first offence would be easily appealed by any half competent solicitor.

inthenip

Check the address on the summons, if it's wrong where the driver was stopped it will be thrown out.

Know a few drink drivers who got off with my help.

The Witches Cat

Tell your friend he will be fine and ignore all these idiots up on their high horse preaching.
I know its scary but he will go to court and i assume he will plead guilty and it will be over in matter of minutes. Licence endorsed, banned for a year and a slap on the wrist.
Nobody was hurt and hopefully he wont do it again.

We all make mistakes.
Tell him to put it behind him.

hullaballoo

inthenip wrote: »

Check the address on the summons, if it's wrong where the driver was stopped it will be thrown out.

Know a few drink drivers who got off with my help.

The Judge will just amend the summons to reflect the location because it doesn't actually go to the offence.

This has been common practice for years now.

You may be a regular Johnny Cochrane but the wrong location on the summons point is nowhere near the Chewbacca defence.

inthenip

hullaballoo wrote: »

The Judge will just amend the summons to reflect the location because it doesn't actually go to the offence.

This has been common practice for years now.

You may be a regular Johnny Cochrane but the wrong location on the summons point is nowhere near the Chewbacca defence.

Funny how I know three people that got away with it because of this. The judge threw it out.

All within the last two years. Two went through the same checkpoint.

Trans Ann

Trans Ann wrote: »

I think he admitted it to the manager and he was told because he will lose his licence he won't be able to work there, so I think it was more he walked and thought what's the point as oppose to being fired.

The difference is he would have kept his job a little longer, could seek redress if the sacking was unfair and could claim welfare immediately.

He sounds a right idiot.

Gardai have 6 months to apply for the summons, summons can take another few months. Could be upto a year. Probable not but can be. Are up sure under the new rules he's not subject to a fine?

inthenip

inthenip wrote: »

Funny how I know three people that got away with it because of this. The judge threw it out.

All within the last two years. Two went through the same checkpoint.

I think you fib

inthenip

Niner leprauchan wrote: »

I think you fib

Nope and another one comes to mind where a bean Gaurd let the person have a cigarette before going to proper breathalyser machine.
Case thrown out as well because of that.

inthenip

Niner leprauchan wrote: »

I think you fib

https://www.advertiser.ie/athlone/article/21655/wrong-address-gets-man-off-drink-driving-charge-court-hears

GM228

inthenip wrote: »

Funny how I know three people that got away with it because of this. The judge threw it out.

All within the last two years. Two went through the same checkpoint.

Hullaballoo is correct, see this post where I previously detailed the statutory provisions relating to such:-

https://www.boards.ie/vbulletin/showthread.php?p=101980649

inthenip

https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.longfordleader.ie/news/news/420699/wrong-address-of-checkpoint-sees-bunlahy-drink-driving-charge-dismissed.html&ved=2ahUKEwjEhrud6ODrAhVTQkEAHcr-BkcQFjAAegQIBBAC&usg=AOvVaw2WnaH04bKif9BavqnsVf3R

I'm showing you examples and know real life examples. Above is another one.

Do you want me to link you twenty articles because I can from a Google search of cases been thrown out due to wrong addresses?

Uncle Pierre

inthenip wrote: »

https://www.advertiser.ie/athlone/article/21655/wrong-address-gets-man-off-drink-driving-charge-court-hears

That's a different thing. That's the Garda's sworn evidence differing from what's on the charge sheet.

Not clear where the offence actually took place - Main Street (as stated by Garda) or High Street (as stated on charge sheet). But let's say it was on Main Street, and charge sheet was therefore incorrect. If Garda realised this before the case was heard, he could apply for an amendment to the charge sheet so that it read Main Street instead, and the amendment would be granted.

So an incorrect location on a charge sheet doesn't automatically mean that a case will be thrown out.

The Longford story is behind a paywall so I can't see the details of that one.

GM228

You can only do it if an error is prejudicial to the right to a fair trial just like in your link where the Guard gave the wrong evidence, there are very few thrown out this way, forget the articles, there is statute and court decisions of our higher courts that confirm this.

The second like likely relates to the authorised location of a mandatory checkpoint.

inthenip

GM228 wrote: »

You can only do it if an error is prejudicial to the right to a fair trial just like in your link where the Guard gave the wrong evidence, there are very few thrown out this way, forget the articles, there is statute and court decisions of our higher courts that confirm this.

Your clueless

https://www.rte.ie/amp/1069434/

endacl

inthenip wrote: »

Your clueless

Their clueless what?

GM228

inthenip wrote: »

Your clueless

https://www.rte.ie/amp/1069434/

LOL, nothing in that relates to what you claim!

inthenip

GM228 wrote: »

LOL, nothing in that relates to what you claim!

That people get off drink driving charges all the time for the smallest of technicalities?

Address of where the offence had been committeed is the main one.

GM228

inthenip wrote: »

That people get off drink driving charges all the time for the smallest of technicalities?

Address of where the offence had been committeed is the main one.

The link does not mention once technicalities or adresses, in fact what it does say is:-

the courts do not record the reasons why cases are dismissed or struck out.

Get a refund from whoever gave you the Cop Out 101 course.

inthenip

GM228 wrote: »

The link does not mention once technicalities or adresses, in fact what it does say is:-

I know real life examples of.

*Two people got away with it as the Gaurds had wrong address on where they were brethalyzed.

* The other person I know the Bean Garda let him smoke a cigarette before taking a proper breathalyser in the station.

Your just quoting an the statue book. Any little technicality it's easy to get off the summons.

hullaballoo

inthenip wrote: »

I know real life examples of.

*Two people got away with it as the Gaurds had wrong address on where they were brethalyzed.

* The other person I know the Bean Garda let him smoke a cigarette before taking a proper breathalyser in the station.

Your just quoting an the statue book. Any little technicality it's easy to get off the summons.

How many times do you think a journalist has felt compelled to write about all the times the judge simply amends the summons? You're relying on a very dubious source to back yourself up.

The practical reality is that raising the point that the location on the summons is wrong will lead to an application by the prosecuting Garda to amend and the judge happily amending the error.

I suppose in some ways you are unlucky that it so happens that the people you are arguing the point with happen to have the real life experience to know what you're saying is rubbish because being honest, threads about drink driving summonses infrequently attract too many lawyers to them. Not your day, I'm afraid.

inthenip

hullaballoo wrote: »

How many times do you think a journalist has felt compelled to write about all the times the judge simply amends the summons? You're relying on a very dubious source to back yourself up.

The practical reality is that raising the point that the location on the summons is wrong will lead to an application by the prosecuting Garda to amend and the judge happily amending the error.

I suppose in some ways you are unlucky that it so happens that the people you are arguing the point with happen to have the real life experience to know what you're saying is rubbish because being honest, threads about drink driving summonses infrequently attract too many lawyers to them. Not your day, I'm afraid.

Why do you think only two in three get prosecuted if Gaurds and judges can easily amend the summons?

So out of 300 people done for drink driving 100 people get off.

I'm just writing about my experiences with people who were got caught and got away with it. It an avenue to look into if you were ever done.

I'm not a solicitor so would be better contacting them and getting their advice bit it's an avenue worth exploring if the address is wrong.

And by the way I don't condone drinking whatsoever.

GM228

inthenip wrote: »

Why do you think only two in three get prosecuted if Gaurds and judges can easily amend the summons?

So out of 300 people done for drink driving 100 people get off.

There are 100s of reasons why people can get off a criminal charge, your adding 2 + 2 and getting 5 to try prove your point.

And yes Judges can easily amend a summons, it's provided for in law and used regularly and has plenty of case law on the issue,a summons is no more than a mechanism to bring you to court, it is not a foundation which the charge relies on.

inthenip

As in my last post I'm not a solicitor, if the address is wrong, consult with one and will probably stop you losing your license.

Your instantly dismissing it when it does actually happen and two people I know got away with it because of it.

That's the my last post on this topic as you can't seem to wrap your head it does happen.

inthenip

inthenip wrote: »

https://www.advertiser.ie/athlone/article/21655/wrong-address-gets-man-off-drink-driving-charge-court-hears

Read your own links, from 10 years ago I might add.

"when the judge agreed the place of arrrest given by the garda in evidence"

So again, it does not happen. It's a simple amendment on the summons.

Two people here that I personally consider highly having read many of their posts in this section, have explained why.

Yuu on the other hand, misread reports. Misunderstand reports and the information provided and can't spell ban Garda.

inthenip

Niner leprauchan wrote: »

Read your own links, from 10 years ago I might add.

"when the judge agreed the place of arrrest given by the garda in evidence"

So again, it does not happen. It's a simple amendment on the summons.

Two people here that I personally consider highly having read many of their posts in this section, have explained why.

Yuu on the other hand, misread reports. Misunderstand reports and the information provided and can't spell ban Garda.

Was the case dismissed or not from that article? Answer the question. I understand it was from 10 years ago.

The two people I know got off without a blemish on their record. The case was dismissed.

I don't really care anymore as if your so naive to think that this still doesn't happen you havnt a clue.

Whether it was laziness on the judges part I don't know.

Your taking the opinion of people who ARE NOT Solicitors, remember that, but act like they would love to be.

Uncle Pierre

inthenip wrote: »

Was the case dismissed or not from that article? Answer the question. I understand it was from 10 years ago.

Did you read the post above that I wrote myself? It's at #87.

I'm not a solicitor myself, but even I can see the difference between what actually happened in that case, and what you're saying happens regularly.

Yes, people regularly avoid conviction for drink driving, for all sorts of reasons. But to suggest that the incorrect address being on the charge sheet will automatically lead to dismissal is just plain wrong, when the address can be easily amended if that amendment is applied for when the case is first called in court.

Obviously neither I nor anybody else knows exactly what happened in the two cases that you say you know about personally. I doubt you know exactly either, unless you were in the courtroom as they happened. And even if you were, there's a chance you may have misunderstood the finer points of it, in the same way you misunderstand that newspaper report from 2010.