Republic of Ireland Law
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1. What is it that you want my opinion on? Please set out the facts and the question arising from it.
1. To answer your second question first, the Gardai cannot change the charge from a lower charge to a higher charge after applying for a Summons outside of the 6 month time limit to commence proceedings. To answer your first question, if you get convicted of the new drug mandatory 1 years offence, then the judge will not rule on whether the charge is sufficient for the 4 year ban. The case would have to be brought on the four year ban if this is to be upheld by the judge. The key point is that this case would have to be run from the outset by the Gardai and you and your legal representatives given the chance to defend yourselves on it, for the four year ban to be upheld.
2. Normally a fluid test would be done before a blood test, but the fact that such a test was not done, does not preclude a prosecution on the basis of the blood test on its own. I would not place too much emphasis upon this point because you can be convicted on the basis of the blood test alone.