PATRICK HORAN SOLICITORS

Twenty-Four years experience in both  prosecution and criminal law defence in Ireland. 

CRIMINAL LAW
DANGEROUS DRIVING
CARELESS DRIVING
DRINK DRIVING
DRUG DRIVING
DRUG POSESSION
DRUG OFFENCES

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MAIN PRACTICE AREAS

Criminal Law

As a general rule, every case is won and lost on the facts, and it is to this area -the individual facts of your case -that we dedicate special attention to at the outset.

 
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CRIMINAL LAW

Drink Driving

"But I was Drinking and Driving, that's the end of it, right?"

No. It's just the start. Drink driving is often a subjective test i.e. the Guard believes that you were intoxicated and driving erratically, you most likely disagree with this. 

It comes down to a difference of opinion. It's rarely a question of who is telling the truth (although that is always a concern) but rather who's version of events is more likely to be true. 


It is a universal truth acknowledged by most lawyers that two people can witness the same set of circumstances and both recall them completely differently. 

Mistakes can be made by Gardai too. 

(see "Drink Driving Overview" , "Drink Driving: What You Need to Know" and other related articles in blog section for more)



Drug Driving


That Joint you smoked three weeks ago will disqualify you today. 



You read that right. If you've consumed cannabis even three weeks ago (it can stay in your system for up to 28 days) and are required to provide a roadside saliva test today, you will be arrested if it shows up in your system. 


The Gardai are now testing for up to 8 different substances in a person's blood.


However the road traffic acts lay down strict rules that the Gardai must abide by and a failure to do so can weaken their case against you. 

(see "Drug Driving" in blog section for more)


Dangerous Driving

Was my driving that bad that it could be classified as dangerous?


Possibly, but it's also equally possible that your driving was "elevated" by the Garda to the status of "dangerous" because they know that a booklet of Dangerous Driving convictions look far more impressive on their CV when it comes to promotion that mere Careless Driving convictions.  

There is no single agreed-upon definition of Dangerous Driving.

Rather, there are many ingredients which may collectively constitute the offence.

As such it is a subjective test and subjective tests are always open to interpretation. 

Dangerous Driving does carry a mandatory disqualification from driving if convicted, but there are ways to navigate a dangerous driving prosecution and still emerge from court with your driver's licence intact. 

(see "Dangerous Driving" in blog section for more)


Careless Driving


While a Judge may disqualify a person from driving if they have been convicted of the offence of Careless Driving, it is a discretionary matter. Therefore they are open to arguments and submissions as to why they should not disqualify you. 

(see blog section for more)  


Possession of Drugs

You're a stepping-stone towards some Garda's promotion chances. 

It's been an open secret within An Garda Siochana for decades that the more prosecutions that you have for drugs, the greater your chances of promotion. 


This has predictably led to Gardai attempting to 'boost' their drugs detection numbers, not by targeting conventional drug dealers, but by arresting and prosecuting the poor, unemployed and students i.e. "low hanging fruit".  

The Judiciary adopts a different approach depending on the substance that you have been found in possession of and whether you have been found in possession of an illegal substance in the past. 

(see "Drugs" in blog section for more)


Possession of Drugs for Sale/Supply


The Judiciary are becoming increasingly hostile towards those persons found in possession of drugs for sale or supply. A jailable offence as of right, the Courts require reasonable and verifiable proof of why they should not jail a person once convicted.

(see blog section for more) 


Possession of Drugs for Sale or Supply Where Value Exceeds EUR13,000


The most serious of drugs offences, a conviction for this offence carries a mandatory 10 year custodial sentence. 

(see blog section for more)

Criminal Law: General Principles


Includes discussion of evidential matters such as Identification Evidence, as well as FAQ's about what to expect if you have been summoned to court. 

(see blog section for more)


Road Traffic Offences


Includes discussions of general principles (e.g. "duty to disclose" information to insurance companies) as well as an analysis of Insurance, Driver's Licence, NCT and Mobile Phone prosecutions.

(see blog section for more)

*For more information please see the Blogs by clicking the button below

If you, or someone you know, is worried about a court appearance or potential prosecution, feel free to get in touch.