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Drink Driving Cases Dismissed. Drink Driving Technicalities Ireland. Drink Driving Solicitors Cork

Cork, Ireland

22 August, 2021

Support | Legal Index Ireland

22 August, 2021

Drink Driving Limits Ireland I’ll assume that this is your first time being prosecuted for drink driving. Drink driving disqualifications vary, depending on the level of alcohol in your blood, urine or breath. The higher the level of alcohol in your system, the higher the disqualification. If this is your first prosecution the maximum disqualification will not exceed 3 years. Blood Between 51-80mg of alcohol: 6 moths. Between 81-100: 1 year. Between 101-150: 2 years. Above 150mg: 3 years. Urine Between 68-107mg alcohol: 6 months. Between 108-135: 1 year. Between 136-200: 2 years. Above 200: 3 years. Breath Between 23-35mg alcohol: 6 months. Between 36-44mg: 1 year. Between 45-66mg: 2 years. Above 66mgs: 3 years. Drink Driving Technicalities Ireland A cautionary tale: drink driving cases are hard to win, they are. Saying otherwise is both untrue and unfair. Years of training have made most Guards very proficient at drink driving procedures. They know what they’re talking about. Additionally, when you’re the defendant against 3-4 members of the Gardai in court, it can be an intimidating environment. Latest statistics in Ireland are that about 66% of all people arrested for drink driving are convicted. But that means 34% are not. That lucky 34% have succeeded for any one of many reasons e.g. a vital witness had not turned up, a vital piece of evidence has not been brought to court, the prosecution evidence has been poor, or the defence evidence has been so good as to render a doubt in the Judge’s mind. Any one of these reasons (or one or two combined) can cause the case to be struck out. Everybody has a story about what happened when they were arrested for drink driving. It's so important to write that story out in minute detail. Include in it everything that happened, every comment made, no matter how trivial you think it is. Give this story a lot of time. Getting it right is the foundation stone for your future defence. So, start writing. can you still drive after being charged with drink driving drink driving technicalities ireland drink driving cases dismissed how to appeal a drink driving ban in ireland patrick horan solicitor drink driving solicitors cork solicitors specialising in drink driving do i need a solicitor for drink driving

Video Transcript

Can you still drive after being charged with drink driving? Yes, you can. You're entitled to drive your car up to the point where you're either found guilty or you plead guilty to drink driving

in court. Court is the operative word here. Only a court can find you guilty. An insurance company can't for instance. So, you're entitled to drive your car until you either plead guilty to

drink driving or have been found guilty of drink driving and that difference in time between arrest and being found guilty or pleading guilty can sometimes be weeks but it can also be

many, many months. So, you're entitled to drive until a court finds you guilty and imposes a disqualification on you, yes.

Drink driving technicalities Ireland. Ok the first thing you need to understand about that expression “drink driving technicalities” is that there is no such thing as a technicality. That’s a

made-up term that the media use to talk about drink driving or if people are acquitted of drink driving. There is no such thing as a technicality. There is just the law. The Guards must follow

lawful procedures set out in the law and if they don’t follow those procedures the court can find the case not proven. That’s just the court asserting that the law wasn’t followed correctly

So there’s no technicality, there’s no “loophole”. That’s another word that’s made up that’s not actually true. There’s no loophole, there’s just the law. So that’s all that it is. So when the law

is not followed properly a case can be dismissed. That’s not a technicality, its not a loophole, its just that the law wasn’t followed: that’s what that means.

Drink Driving Cases Dismissed. One of the main ways that we imagine a case being dismissed is where the evidence is heard from the prosecution, the evidence is heard from the defence

and the Judge finds that the evidence of the prosecution wasn’t compelling enough and strikes the case out. That’s the view most people have. But there’s other reasons why a case might

be dismissed. Yes the prosecution evidence mightn’t be very strong or the Judge might have a doubt about the prosecution evidence. But there’s other ways where the case might be dismissed.

Maybe the case was fixed for hearing and a vital piece of documentary evidence goes missing or is not in court or a witness, a vital witness may not have turned up to court. Any one of those things

can trigger an automatic strike-out of the case if one of those things is seen by the court to be a very vital aspect of the prosecution case, so there’s many ways why a case might be dismissed

How to appeal a drink driving ban in Ireland. If you’ve been found guilty of drink driving by the District Court you can then at that point, in court, file a Notice of Appeal, you can appeal the

disqualification decision by the District Court there and then in court. And when the proper appeal papers are filled out and properly lodged you’ll get a copy back from the court clerk and

that will indicate that your appeal is lodged. You’re entitled to drive during that period until the appeal comes up but the appeal is held now in the Circuit Court, which is a higher court, and

they will re-hear the case all over again from start to finish. If you’re successful, then the disqualification will be removed but if not, then the decision of the lower court will remain

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Snippet 1 - can you still drive after being charged with drink driving
Can you still drive after being charged with drink driving? Yes, you can. You're entitled to drive your car up to the point where you're eithe
Snippet 2 - drink driving technicalities ireland
Drink driving technicalities Ireland. Ok the first thing you need to understand about that expression “drink driving technicalities” is th
Snippet 3 - drink driving cases dismissed
Drink Driving Cases Dismissed. One of the main ways that we imagine a case being dismissed is where the evidence is heard from the prosecution

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