PATRICK
HORAN
SOLICITORS
Former member of An Garda Siochana.
REPRESENTING PEOPLE IN DUBLIN & ACROSS IRELAND.
How To Get Off With Drink Driving Charges
![IMG-20240131-WA0004 (1) (1) (1) (1).webp](https://static.wixstatic.com/media/92e714_90bd0ace2a9a45d8a26ab9d4a7b3b40e~mv2.webp/v1/fill/w_358,h_554,al_c,q_80,usm_0.66_1.00_0.01,enc_avif,quality_auto/IMG-20240131-WA0004%20(1)%20(1)%20(1)%20(1).webp)
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Guard was on holidays.
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Guard was on Maternity Leave
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Guard was sick and the State couldn’t tell when they would return.
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Guard didn’t know the case was listed for hearing (and didn’t turn up).
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An important State witness was missing for trial (and didn’t turn up)
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The State couldn’t prove an essential element of the case e.g., time of driving.
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The Judge had a doubt about the evidence.
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An important piece of documentary evidence went missing.
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An important piece of documentary evidence was used incorrectly.
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The Garda lost his notebook.
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The defendant was charged with the incorrect charge.
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The defendant was charged with an offence unknown under law (typographical error on summons).
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The guidelines for use of breathalyser at roadside or in station were not followed.
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Legal guidelines not followed.
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Garda never gave evidence of the blood-alcohol content certificates
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Guard arrested defendant on private property and never gave evidence of the power authorising him to do so.
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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.
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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.
​
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.
![IMG-20240131-WA0000 (1) (1) (1) (1).webp](https://static.wixstatic.com/media/92e714_066e91c5b0a547f3b6206a4b5bff36d0~mv2.webp/v1/fill/w_440,h_662,al_c,q_80,usm_0.66_1.00_0.01,enc_avif,quality_auto/IMG-20240131-WA0000%20(1)%20(1)%20(1)%20(1).webp)
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.