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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.

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.

This is the reality of court.

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.

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

Again, this is a highly unusual event. 

But these things happen.

Because that is life.

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

 

None of these occurrences are “technicalities”.

These are accidents and chance.

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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