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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 13381
Experience:  Barrister 17 years experience
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Courts office informed me after a call that i was being

Customer Question

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?
Submitted: 18 days ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 18 days ago.

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

Expert:  Buachaill replied 18 days ago.

1.  There is no absolute requirement that a fluid test must be done before a blood test can be done for a drug driving charge.  Essentially, you can get convicted on the basis of the blood test alone.  So, the Garda prosecuting this charge will have to rely solely on the blood test.  However, the Garda must be confident that he will secure a conviction on the basis of the blood test alone.

Customer: replied 18 days ago.
Thanks for your reply, can i also ask
Can a garda bring 2 seperate drink/drug driving charges on same summons?Can 18 months for a first court appearence pose difficult for prosecution?
Expert:  Buachaill replied 18 days ago.

2.  I regret to say that you cannot ask the GArdai to bring 2 separate drink/drug driving charges on the same Summons. This is a matter which is purely within the Garda´s discretion.  Secondly, with the lapse of time, memories get poorer, so it is always more difficult for the prosecution to mount a prosecution with the passage of 18 months.  So, there is a greater chance that the Gardai will get something wrong as time moves on from the date of the offence.

Customer: replied 18 days ago.
Sorry, i didnt me myself ask garda to bring seperate charges however can they summons someone for 2 seperate drink driving ch
Customer: replied 18 days ago.
Charges on same summons
Expert:  Buachaill replied 18 days ago.

3.  Essentially, there is one offence per Summons.  The Gardai cannot in essence mount two prosecutions of two different offences in one Summons.   However, they can charge you for a more serious offence and then accept a plea to lesser charge, which is incorporated in the more serious charege.