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By: Tracey Solicitors  05/12/2011
Keywords: debt collection

The results of committing a driving office in Ireland can lead to paying a fine, receiving penalty points, disqualification from driving and/or imprisonment.  In addition, the costs of insurance premiums for the offender are likely to increase significantly.

Under the Road Traffic Act 2010 new drink driving laws have being implemented as of the 28th of October 2011.

It is always recommended that you would contact your Solicitor if you are being prosecuted for an offence in order to be fully advised of the options available to you to have the mater dealt with.

Different penalties apply for different classes of drivers, there are 2 classes of drivers; Full valid licence holder and the second class is other specified persons;   

Full valid licence holder: Experienced Drivers

If at the time of driving your alcohol level is within the limits as set out below, you will be issued with a fixed penalty notice. If  you comply with the fixed penalty notice and pay the  fine on the notice within 28 days, the additional penalty stated on the notice will be imposed but you will not have to go to court. If you have received a fixed penalty notice within the previous 3 years you are not eligible for a drink driving fixed penalty notice.

Penalties for Full valid licence holders:

Blood alcohol level per 100ml  

Fine

Additional Penalty

Exceeding 50mg but not exceeding 80mg

€200

3 penalty points

Exceeding 80mg but not exceeding 100mg

€400

6 months Disqualification

Breath alcohol level per 100mcg

Fine

Additional Penalty

Exceeding 22mcg but not exceeding 35mcg

€200

3 penalty points

Exceeding 35mcg but not exceeding 44mcg

€400

6 months disqualification

Urine alcohol concentration per 100 ml

Fine

Additional Penalty

Exceeding 67mg but not exceeding 107mg

€200

3 penalty points

Exceeding 107mg but not exceeding 135mg

€400

6 months disqualification

Other specified persons are defined as follows

The holder of a learner permit or holder of a licence for a period not exceeding 2 years from its date of issue or drivers of tractors, drivers with trailers, professional drivers such as Taxi Drivers, Truck Drivers. Such offenders may accept the following penalty without going to Court.  

Penalties for other specified persons

Blood alcohol level per 100 ml

Fine

Additional Penalty

Exceeding 20ml but not exceeding 80ml

€200

3 month Disqualification

Breath alcohol level per 100mcg

Fine

Additional Penalty

Exceeding 9mcg but not exceeding 35mcg

€200

3 month Disqualification

Urine alcohol level

Fine

Additional Penalty

Exceeding  27mg but not exceeding 107mg

€200

3 month Disqualification

Contesting the Penalty;

If you wish to contest the penalty as set out above the option available to you is to contest the matter in Court. Different penalties apply for contesting the matter in Court;

OFFENCE

Minimum Period

1st Offence

2nd Offence

Blood alcohol level per 100 ml of blood

Exceeding 50mg but not exceeding 80mg

6 months

1 Year

Exceeding 80 mg but not exceeding 100 mg

1 Year

2 Years

Exceeding 100 mg but not exceeding 150 mg

2 Years

4 Years

Exceeding 150 mg or over

3 Years

6 Years

Refusal offences

4 Years

6 Years

Breath Alcohol Concentration

Exceeding 22mcg but not exceeding 35mcg

6 months

1 Year

Exceeding 35 mcg but not exceeding 44 mcg

1 Year

2 Years

Exceeding 45 mcg but not exceeding 66 mcg

2 Years

4 Years

Exceeding 67 mcg or over

3 Years

6 Years

Refusal offences

4 Years

6 Years

Urine Alcohol Concentration

Exceeding 67mg but not exceeding 107mg 

6 months

1 year

Exceeding 107mg but not exceeding 135mg

1 Year

2 Years

Exceeding 136mg but not exceeding 200mg

2 Years

4 Years

Exceeding 201mg or over

3 Years

6 Years

Fine

The maximum fine one may receive upon conviction is €5,000.00 as per the road traffic act 2006.

Commencement of Proceedings.

The prosecution of a Drunk Driving Offence commences in the District Court, we would suggest that once you have received a Charge Sheet or a Summons for an offence that you contact the office immediately to arrange a consultation with a Solicitor.

Our Services

  1. Undefended - Plead guilty
    Consultation prior to hearing, to liaise with Gardai on the morning of court in respect of evidence, representation at court, to enter plea of guilty on behalf of defendant, deal with any extenuating circumstances in respect of fine.
  2. Defended - Plead not guilty and fight charge at hearing.
    Consultation prior to hearing, to liaise with the Gardai on the morning of charge, representation at court, to enter plea of not guilty on behalf of defendant, secure a Gary-Doyle order (copies of all statements and evidence from the Gardai)

To review evidence on receipt from Gardai and to send evidence, for advice and opinion on defence to Barrister. To advise you in light of all evidence from Gardai.

To attend court on hearing date, to defend charge, to cross examine Gardai on evidence, make submission to judge.  (deal with extenuating circumstances in respect of fine if necessary).

The prosecution of a Drunk Driving Offence commences in the District Court, we would suggest that once you have received a Charge Sheet or a Summons for an offence that you contact the office immediately to arrange a consultation with a Solicitor.

Early Restoration.

If you have been Disqualified you may apply to the District Court for an early restoration of your licence, one may only apply where they have received a Disqualification that is more that 2 years. The District Court may hear an application for an early restoration after one has served ½ of their disqualification period and the Court may order the restoration of the licence after one has completed 2/3rd’s of the Disqualification period.

Keywords: debt collection

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