25 October, 2020
25 October, 2020
Patrick Horan is a drink driving Solicitor. Patrick represents clients who have been arrested for drink driving right across Ireland. He has appeared in almost every court in Ireland on at least one occasion and in many courts on multiple occasions.
The one word that Patrick consistently reiterates to new clients is “Detail.”
“Detail is the golden rule. It is one of the least appreciated aspects of criminal defence. The trial Judge wasn’t there on the day that you were arrested and therefore doesn’t know what was said by whom and when. “So, the Judge is trying to assess the credibility of the witness as they give evidence before them, and one of the main criteria by which a Judge assesses the credibility of any witness is their recall of events. “What time was it? Where were they driving? Where had they come from? Where were they stopped? What did the Garda say to them? What was the weather like? Did anything strike them as odd or strange?
“Witnesses consistently let themselves down by a poor recollection of what happened when they were arrested for drug driving. I’ve always made it a cornerstone of my defence of drug driving cases that on my first consultation with the client I insist that they write down in great detail all of the events which occurred on the day they were arrested while those events are still fresh in their minds. “It may be many months before the case comes to court and in that time essential details may understandably be forgotten”.
"Fundamentally, the Gardai need to be able to prove that you had consumed alcohol while driving but also that you had consumed so much alcohol so that it impaired your driving.
If your account of what happened when you were arrested is quite vivid and detailed, it tends to undercut the Garda assertion that you were engaged in intoxicated driving, and this is something they must be able to prove beyond a reasonable doubt. If you were so drunk, then how is it that your recollection of events is so vivid?"
"My number one tip for you if you have been arrested for drink driving is to write out the events as they unfolded from start to finish. When you do that you are laying the foundation stone for the future defence of your case in Court. But do it now, do it today. As time goes by memory understandably fades".
If you have a query or question call Patrick.
He's happy to listen to you
t) 021- 484 2368
(m) 087-765 9133
(e) [email protected]
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