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Drink driving conviction

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  • 27-07-2023 10:12am
    #1
    lozelle676
    Registered Users Posts: 3 ✭


    Please no judgement, my husband drank and drove his car he was over 150mg he got out of the car and a person came along and phoned the guards he was taking in and tested (toxicolgy) report arrived couple days later, now he has been told by friends as he was not actually in the car they cannot charge him drink driving he wants to say his friend drove and ran away, he admitted to the guards on the night now he is taking off changing his mind, I'm so worried I want him to be honest as I can't see him getting away with this bull story, and not mention of he has to lie on oath, and help here I'm so devasted and he's still talking this bull. Please any advise tia

    Post edited by Beasty on


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    #1
    Peregrinus
    Registered Users Posts: 26,511 ✭✭✭✭Peregrinus


    Your husband shouldn't lie on oath, but he doesn't have to say anything at all — if he's taken to court, he does not have to give evidence if he does not want to. The onus is on the prosecution to prove that he was driving or attempting to drive a car within the three hours before he was tested.

    Normally this is done by a guard testifying that they saw the defendant driving or attempting to drive, but from what you say in this case the guards can't testify as to that . They can't compel your husband to give evidence about whether he was driving. So they are going to have to prove it in some other way — possibly by calling as a witness the person who phoned them, who presumably did see your husband driving, or possibly by seeking to put into evidence an admission made by your husband on the night.

    The admissibility of evidence is a fairly technical area of law, and if your husband is going to plead not guilty and then challenge the evidence presented by the guards, I would strongly advise him to be advised by, and represented by, a solicitor. He should certainly not rely on what he has been "told by friends".



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    #2
    Kimbot
    Moderators, Computer Games Moderators, Social & Fun Moderators Posts: 18,570 Mod ✭✭✭✭Kimbot


    So he is going to plan on getting someone else in trouble for something that he done, if he tells them his "friend" was driving then they will want to know the details of said friend and it will cause them issues. Tell him to just own up to it and take the punishment and learn from it going forward.



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    #3
    Panthro
    Registered Users Posts: 14,805 ✭✭✭✭Panthro


    An independent witness seen him and he admitted driving to the police.

    Time to accept what he's done and not drag anyone else down with him.



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    #4
    spaceHopper
    Registered Users Posts: 3,991 ✭✭✭spaceHopper


    The limit is 50mg he was 150 over so 200mg. He needs to get legal advice. Pulling a stroke to get out of it will mean that if he's convicted he can't fall back on mitigation

    https://www.citizensinformation.ie/en/travel-and-recreation/motoring/driving-offences/drink-driving-offences-in-ireland/



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    #5
    lozelle676
    Registered Users Posts: 3 ✭lozelle676


    Yes he was well over the legal limit, I'm so cross, even if witness didn't see him actually driving it was his car that crashed so I don't think he will get away with any of this crap, he needs to own up but he is adamant he will get away with it thank u



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    #6
    crusd
    Registered Users Posts: 1,241 ✭✭✭crusd


    Not clear from description what were the events leading to the person calling the guards.

    Was there an accident or did the witness just see he was a drunk driver when he exited the car? You mention he is going to claim his friend drove and ran away. If this was an accident the friend would be guilty of leaving the scene of an accident and subject to prosecution. In this case your husband would either have to implicate a friend who did nothing, implying your husband is a c*nt, or not say who this friend is and making the story completely implausible and implying your husband is an idiot.

    If it was the case where the car was just parked, again saying a friend ran away is highly implausible implying your husband is an idiot.

    The prosecution do not have prove beyond a reasonable doubt that there wasn't another driver, just beyond a reasonable doubt that your husband was the driver. Assuming no procedural errors by the guards and given there was a witness and your husbands statement to the guards at the time, the implausible scenario he will present wont give any reasonable doubt unless he has a friend who will admit to driving the car and running away, and giving a reason why they ran away, potentially implicating themselves.

    In summary your husband is either a.) a cu*t, b) an idiot or c) both.


    Edit: just saw your reply that it was after a crash, without implicating a friend of a crime they did not commit your husband is f*cked. Should be facing a dangerous driving conviction too I would imagine, and if they proceed with this cock and bull story could also face prison.



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    #7
    ZookeeperDub
    Registered Users Posts: 1,280 ✭✭✭ZookeeperDub


    https://www.boards.ie/discussion/2058306673/drink-driving-conviction

    So he was drunk, drove the car, was seen and reported. Admitted to the Garda that he was. Now the plan is to turn around and lie?

    I guess these friends are legal experts?



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    #8
    lozelle676
    Registered Users Posts: 3 ✭lozelle676


    Ur right he is both, he is not telling me full story but he crashed and got out of car to look at it (it's a right off) so he says then as he was out of the car another driver arrived and called garda, but didn't witness the accident, he went to station and admitted it and samples took.



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    #9
    Jim2007
    Moderators, Business & Finance Moderators Posts: 10,288 Mod ✭✭✭✭Jim2007


    https://www.boards.ie/discussion/comment/120902792#Comment_120902792

    It never ceases to amaze me how the amateur always fancies his chances in these situations... He clearly was not in charge of his facilities when the accident happened so he has no idea what the withness saw or did not seen and of course he does not know exactly what he said or did not say to the Garda and he is going to pen it on his imaginary friend....

    A couple of things you might put to him:

    • Where did his imaginary friend get into the car? The Garda will go back and ask at the establishment were he consumed the alcohol
    • Did he happen to pass an CCTV cameras where the Garda would be able to get confirmation that his "imaginary friend" could be seen driving the car
    • Is he planning on being charged with insurance fraud on top of everything else - he can't tell the Garda and the courts one store and the insurance company another one

    If he is determined to go through with this all you can do is get him a good solicitor and hope they can talk him out of it.



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