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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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I lost my liscence in a n.ireland court.i did not hear one

Customer Question

I lost my liscence in a n.ireland court.i did not hear one word of what was being said,there being no sound system.my solicitor,being a bankrupt and not allowed in court sent alonga"cub"graduate.iread about the case in the local paper and to my horror found I was disgracefully defended.I am an invalide,have to take various medications which I take at night.On the day I was arrested there was a high pollen count and I suffer dreadfully from sinusitis.Iprepared a casserole tasted an open bottle of wine to see was it ok to use .it seemed ok so I plonked it in and put it to oneside to marinade.I wanted to go into Dunnes Stores,5 min.drive away.i had some night nurse which I use for sinus sometimes.i swallowed maybe 1/2 a bottle because I thought by the time iget back that will have kicked in and I can perhaps have a little rest wen I come back.I suffer from acid reflux,have oesophitis and so avoid acid food and I don't drink alcohol.apparently I burped when the assistant was helping me with the chair.anyway she reported me to the police who(miraculously)appeared on the scene ,tapped my window at the lights 200 yards away.he said a member of staff had reported me having a smell of drink and so I did the usual and found to be 8 points over limit.i had burped again and I found this vile stuff coming into my mouth.For one awful moment I thought I was going to be sick.the police left me home and chatted and laughted with us.they said they were surprised because they did not get a smell of drink off me.we chatted about teeth implants because I was in the midst of the work being done.i was wearing a temporary plate stuck in with Polygrip and I was sort of lisping and tripping over some words.I was not worried because I was a non drinker.i must mention that I had been on juiced food only as I had no bite.i gave all this information plus a full and complete file from my doctor on my state of health and what medication I was taking to my solicitor.Not one word of this was mentioned in court.How do I get a full transcript of the court case.even the policeman did not stand up for me and in fact apparently said I appeared to be drunk in the shop,never mentioned the member of staff.He said I appeared confused and was slurring my speech!!
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

I am sorry for the delay you've experienced.

How can I help with this?
Customer: replied 4 years ago.

I would like your opinion on whether I should appeal or do have a case worth spending money on.should I take the case to another solicitor-anything

Expert:  Jo C. replied 4 years ago.
Is it right to say that you were disqualified for drink driving?
Customer: replied 4 years ago.


yes but I am not contesting that.my question is,if you read my account again surely my explanation of how it got there deserves to be used in my defence/.speaking as an expert is this case worth appealing?

Expert:  Jo C. replied 4 years ago.
I'm really sorry if I'm missing the point but at this stage I am not sure what your complaint is?

You accept the offence? A ban is mandatory.

What is the mitigation in the arrest?