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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 13381
Experience:  Barrister 17 years experience
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Buachaill, can i have your opinion on following. In regards

Customer Question

HiCustomer can i have your opinion on following. In regards ***** ***** conversation as previous.
Submitted: 19 days ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 19 days ago.

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

Expert:  Buachaill replied 19 days ago.

1.  What is it that you want my opinion on?  Please set out the facts and the question arising from it.

Customer: replied 19 days ago.
1. If a charge under section 4(1a) new drug driving mandatory 1 year is brought and person convicted, does the judge rule on whether the charge is suffice to ban for 4 years or does the garda have to apply for charge to be brought under section 4.1? driving while not having proper control2. Can garda change the charge from a lower charge to a higher charge after applying for summons outside of 6month time limit to commence proceedings?
Expert:  Buachaill replied 19 days ago.

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.

Customer: replied 19 days ago.
Courts office informed me after a call that i was being summonsed for former. I was taken a back as no fluid test was done before blood test. Would this not be a must for Garda under this charge
Customer: replied 19 days ago.
Expert:  Buachaill replied 19 days ago.

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.