what punishment will I receive for 1st drunk driving offence in Eire?
I was pulled in early december but was not breathalised as I admitted being over the limit, also the gaurd has since said that I had mounted the path.When in the gaurd station I refused the blood/urine test whilst still admitting being over the limit.I refused the test due to having issues with the doctor thst was to carry out said tests.I havnt received a summons as yet
They have no evidence that you were over the booze limit, thus when you go to court, [if you do] your lawyer will be able to argue that you are as pure as the driven snow.
I’m no expert on law, but the laws of England must surely be similar to those of Ireland in that a person is innocent until proven guilty and since the Guarda do not have proof that you were over the limit, then they cannot prosecute.
This may be the reason for the delay in you receiving a summons.
My guess it that you will not be summoned to court.
Just look upon this as a warning and stay off the booze if your gonna drink.
http://uk.youtube.com/watch?v=au30c9ZMIPg
For an offence under the Road Traffic Act, 1994:
http://www.irishstatutebook.ie/1994/en/act/pub/0007/sec0049.html#zza7y1994s49
49(1) the following elements or proofs must be given to the court;
• That you drove or attempted to drive
• That you must have driven or attempted to drive a mechanically propelled vehicle
• That your driving or attempt to drive took place in a public place
• That you were under the influence of an intoxicant to such a degree that you could not properly control the vehicle.
Normally the Garda will give evidence of their observations and the opinion they formed as a result. Other Gardai or doctors who dealt with the person while in the Garda Station can also give evidence in support of this.
This charge is normally preferred where an arrested person has failed to provide a blood, urine or breath specimen with the result that it is not possible to bring a case under either Section 49 (2) (3) or (4).
http://www.citizensinformation.ie/categories/travel-and-recreation/motoring-1/driving-offences/drink-driving-offences-in-ireland
Penalties on conviction for drink driving will vary depending on the amount of alcohol that has been detected in your system. Another factor the court will take account of is whether the offence is your first offence or otherwise.
Remember, all convictions for drink driving carry a mandatory disqualification from driving.
Since 5 March 2007 the monetary penalty or fine for drink driving was increased to a maximum of €5,000. (This change was introduced through the Road Traffic Act 2006).
References :
They have no evidence that you were over the booze limit, thus when you go to court, [if you do] your lawyer will be able to argue that you are as pure as the driven snow.
I’m no expert on law, but the laws of England must surely be similar to those of Ireland in that a person is innocent until proven guilty and since the Guarda do not have proof that you were over the limit, then they cannot prosecute.
This may be the reason for the delay in you receiving a summons.
My guess it that you will not be summoned to court.
Just look upon this as a warning and stay off the booze if your gonna drink.
http://uk.youtube.com/watch?v=au30c9ZMIPg
References :