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Legal Eagle
Legal Eagle, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 277
Experience:  Solicitor
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If a person had been drink driving in Ireland and

Customer Question

Hi, if a person had been drink driving in Ireland and breathalysed and was just 1 point above the legal limit(it was on the lowest end of the scale for an experienced driver)and was a first offence, this person was give a 3 month driving ban. This person never had any previous convictions of any kind and is a family man with young children with a full time job, his place of work is a long distance away. A guilty plea had not yet been made. According to Irish law what are the chances of an appeal being successful?
Submitted: 6 months ago.
Category: Republic of Ireland Law
Expert:  Remus2004 replied 6 months ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Customer: replied 6 months ago.
Hi, if a person had been drink driving in Ireland and breathalysed and was just 1 point above the legal limit(it was on the lowest end of the scale for an experienced driver)and was a first offence, this person was give a 3 month driving ban. This person never had any previous convictions of anykind and is a family man with young children with a full time job, his place of work is a long distance away. A guilty plea had not yet been made. According to Irish law what are the chances of an appeal being successful and the ban being overturned?
Expert:  Remus2004 replied 6 months ago.

Actually this is outside of my jurisdiction.

I will opt out for others.

Expert:  Legal Eagle replied 6 months ago.

Good morning, hopefully I can help. Has this matter already been to court? If so when was this?

Customer: replied 6 months ago.
Hi, this matter has not yet been to court.
Expert:  Legal Eagle replied 6 months ago.

Okay, were you issued with any penalty notices or just a summons?

Customer: replied 6 months ago.
I was issued with a penalty notice which states a fine of a €200 and 3 month driving disqualification. I have yet to pay the fine.
Expert:  Legal Eagle replied 6 months ago.

Okay, well if you choose not to pay the fine, you will be summonsed to Court. If you are summonsed to Court, the gardai will give evidence against you and will have to prove their case. Without having disclosure of all of the documents on which the gardai intend to rely, it is impossible to say whether you will win or lose your case so it is a risky strategy. There are also mandatory sentences for drink driving, so if the case is proved, the judge cannot opt not to ban you.

Expert:  Legal Eagle replied 5 months ago.

Is there anything else I can help you with?