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How To Get Off With Drink Driving Charges

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  • Guard was on holidays.

  • Guard was on Maternity Leave

  • Guard was sick and the State couldn’t tell when they would return.

  • Guard didn’t know the case was listed for hearing (and didn’t turn up).

  • An important State witness was missing for trial (and didn’t turn up)

  • The State couldn’t prove an essential element of the case e.g., time of driving. 

  • The Judge had a doubt about the evidence.

  • An important piece of documentary evidence went missing.

  • An important piece of documentary evidence was used incorrectly.

  • The Garda lost his notebook. 

  • The defendant was charged with the incorrect charge.

  • The defendant was charged with an offence unknown under law (typographical error on summons).

  • The guidelines for use of breathalyser at roadside or in station were not followed.

  • Legal guidelines not followed.

  • Garda never gave evidence of the blood-alcohol content certificates

  • Guard arrested defendant on private property and never gave evidence of the power authorising him to do so.

  • Garda had resigned from the force.

These are some of the many reasons why drink driving cases can be dismissed in court.

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All these things have happened in cases of mine.

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In each of the cases mentioned above the prosecution was ultimately dismissed.

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In about half the cases the dismissal of the prosecution case had nothing to do with a legal issue or an evidential issue.

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It had to do with something else, something unconnected to the trial of the case itself.

This is the reality of court.

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Its also a reality of life.

These are some of the many reasons why drink driving cases can be dismissed in court.

​

All these things have happened in cases of mine.

​

In each of the cases mentioned above the prosecution was ultimately dismissed.

​

In about half the cases the dismissal of the prosecution case had nothing to do with a legal issue or an evidential issue.

​

It had to do with something else, something unconnected to the trial of the case itself.

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Because they couldn’t remember specific details of the case (these were recorded in their notebook) they couldn’t make their statement.

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That meant they couldn’t comply with the court order to deliver Garda statements to the Defence.

Again, this is a highly unusual event. 

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But these things happen.

Because that is life.

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But because of this unusual event the case was ultimately dismissed.

 

None of these occurrences are “technicalities”.

These are accidents and chance.

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They don’t happen in every case, but they do happen.

His Priority Is The Same As Yours: Keeping You On The Road.

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