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Author Archive | Eamonn Fleming

Driving While Under the Influence of Drugs

Driving While Under the Influence of Drugs  Article by Eamonn Fleming  The expression “Drunken Driving” is really shorthand for driving while under the influence of an intoxicant.  An intoxicant can include alcohol or drugs. The offence occurs if the Gardaí can prove, firstly, that a person drove the car, in a public place, secondly, that […]

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Speed Camera Vans;

If the flashing lights of oncoming cars do not alert you to the presence of a “camera van” around the corner you may find yourself with a fixed penalty notice which if you don’t pay will land you in the District Court the prospect of a hefty fine and penalty points.   In an article […]

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Setanta Insurance, Cover or Not

Article by Eamonn Fleming As a result of the collapse of Setanta Insurance Company in 2004 approximately 1,750 claims remain in existence against policy holders with that insurance company arising out of road traffic accidents which the injured parties are claiming were caused as a result of the fault of the Setanta policy holders. The […]

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Setanta Insurance, Cover or Not

Article by Eamonn Fleming As a result of the collapse of Setanta Insurance Company in 2004 approximately 1,750 claims remain in existence against policy holders with that insurance company arising out of road traffic accidents which the injured parties are claiming were caused as a result of the fault of the Setanta policy holders. The […]

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Co-Habitation Agreements

Co-habitation Agreements – a sleeping giant The Marriage Act of 2015 went into force on the 16th November 2015 and repealed the ban on same sex marriages In Ireland. It also made provision for the recognition in Iraland of foreign same-sex marriages ( although not an automatic recognition). It phased out the entitlement of same […]

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Breath Test Results in Irish & English

If you were convicted of drunken driving within the last two weeks you should immediately appeal this conviction to the Circuit Court as you have a good chance of getting off. This is the case if you were breathalysed using an Intoxalyser in view of the decision of Judge Noonan in the High Court on […]

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Unlawful Use of Handcuffs

Unlawful Use of Handcuffs in Suspected Drink Driving Situation In the Case of DPP .v. Cullen decided by Judge Fennelly in the Supreme Court in February 2014, the Court ruled that in arresting a person for a criminal offence a Garda may only use such force as is reasonable in all the circumstances. In the […]

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