New: How to Get Out of a Drink Driving Charge in Cork

Is there a way out? Keep reading.

"I was over the limit. So that’s it, right?"

That’s the sentence I hear most. Almost word-for-word. People ring me, often in a panic, and the tone is always the same: defeated.

They’re not calling to fight or even consider fighting. They’re calling to confirm that it’s all over. They assume that it is.

But here’s what I tell them: just because you were over the legal limit doesn’t mean you’re automatically guilty. And just because you were arrested in Cork doesn’t mean you’re definitely going off the road.

"100% of my acquittals involve people who were clearly

over the limit, sometimes well over.

Yes, that’s right: 100%

Absolutely everyone who was acquitted was over the limit.

Rationally they have to be"

Drink driving law in Ireland isn’t as simple as the media (or some lawyers) make it sound. There’s a big difference between being caught... and being convicted.

That difference is the courtroom. And in court, it’s not just about alcohol levels, it’s about legal proofs.

And in that courtroom is the one person who decides the issue: you’ve guessed it. The judge.

Cork District Court Is a Serious Court, But That Doesn’t Mean You’re Doomed

Some clients worry that Cork District Court is “too strict” or “too big” or that they’ll somehow be “lost in the shuffle of so many cases”.

They imagine that a smaller town might be more lenient or more forgiving.

I understand the fear. But I appear regularly in Cork District Court, and I’ve seen drink driving cases dismissed there too over the years.

The truth is, whether you’re in Cork or Cavan, the same basic rules apply:

• The Gardaí have to prove everything beyond reasonable doubt.

• You don’t have to prove anything at all.

• And if even one key step is missing, your case can collapse.

That might sound like a loophole. It’s not. It’s the law.

What Has to Be Proven in a Drink Driving Case?

The law sets out a strict sequence the Gardaí must follow. Some of the most important parts include:

• Were you properly cautioned?

• Were you continuously observed before the breath test?

• Were the forms signed in the correct sequence?

• Was the equipment working properly?

These things might sound technical. But over the years I’ve seen judges in Cork dismiss cases over one missing step.

Not because they wanted to, but because they weren’t happy, for one reason or another, that the State had proven their case beyond a reasonable doubt.

Real Talk: I’ve Won Drink Driving Cases in Cork

Without naming names or giving away strategies, here’s something real.

I’ve defended professionals — Gardaí, nurses, engineers, doctors — who were sure they were going off the road.

Some had high readings. Some made admissions at the scene.

Some were convinced they had no defence.

And yet, in court, their cases fell apart.

"Many firms will advertise heavily online,

then send someone you’ve never met

to stand beside you on the day.

I don’t do that"

Sometimes it was a procedural flaw. Sometimes it was a failure of proof. But always, it came down to one principle:

They (the State) have to get all the elements of the offence right all the time.

You just have to create one doubt in the judge’s mind.

That’s the standard. Not “maybe” or “probably.” But beyond a reasonable doubt.

Cork Isn’t Just a Location It’s a Legal Arena

I’m not based exclusively in Cork.

But I appear there regularly. I know how the courtroom works.

And I fight your case personally. Only in unavoidable circumstances (extremely rare) do I arrange for an expert barrister to fight your case.

If you hire me, you get me.

Many firms will advertise heavily online, then send someone you’ve never met to stand beside you on the day.

I don’t do that.

Drink driving cases are too serious. You either win, or you lose your licence.

Often your job. Sometimes access to your children.

This is not something to take lightly.

What Some Lawyers Miss

Some lawyers assume that if you were over the limit, you’re going to be disqualified.

So their goal is to “minimise the damage.”

Plead guilty.

Ask for leniency, whatever that means.

You might as well just hand over the keys.

That might work for some clients. But not for mine.

Because in my view, if a conviction means disqualification, then the only rational option is to avoid a conviction.

And to do that, we look backwards, from the possible outcome, all the way back to the weakest point in the State’s case.

That’s where we apply pressure.

That’s where we try to create doubt.

FAQs

Q: Do I need to go to court in Cork?

Yes. If you’ve been arrested and given a summons, you must appear in Cork District Court on the date listed. Failure to appear can result will likely result in a warrant for your arrest.

Q: Will I be disqualified on the first day?

No. The first date is for initial appearances, not trial. If you plead not guilty, your case will be adjourned for a number of months at least.

Q: I was over the limit — do I have any defence?

You might.

100% of my acquittals involve people who were clearly over the limit, sometimes well over.

Yes, that’s right: 100%

Absolutely everyone who was acquitted was over the limit.

Rationally they have to be.

If they weren’t over the limit, they wouldn’t have been summoned to court in the first place.

What matters is whether the Gardaí followed every legal step.

That’s where many cases fall apart.

Q: Is winning easy?

Absolutely not. The Gardai in Cork are very well trained in the prosecution of drink and drug driving offences. They are some of the best in the country.

So no, these cases are very definitely not easy. So you need to think long and hard.

Final Thought

You’re not just scared, you’re probably ashamed too. Most of my clients are.

But you’re not the first person to make a mistake.

And you're not the first to think it's hopeless when it's not.

After all, it’s the choice between going off the road… or driving home.

And everybody wants to drive home.