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What are your rights if you are injured while flying?

What are your rights if you are injured while flying?   Although airplane travel today is extremely safe unfortunately accidents can still occur while travelling by air causing injuries to passengers.  This can include accidents as a result of overhead luggage falling on passengers or hot drinks being spilt on passengers in the course of […]

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Are you driving carefully or dangerously?

On the 9th January 2013 Kevin O’Sullivan was knocked down by Michael O’Shea in County Kildare. Kevin was standing behind a JCB at roadworks when he was struck by Michael’s car and killed. At the Circuit Court in December 2014, Michael was convicted, after a jury trial of careless driving causing death. Michael was fined […]

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Lecture as given by Eamonn Fleming Solicitor to West Cork Bar Association in July 2016 and to the Southern Law Association February 2017 re Spent Convictions and National Vetting Bureau

Spent Convictions.   The Criminal Justice (Spent Convictions and Certain Disclosures) Act of 2016 has been in force since the 29th April 2016 .   At the time Minister for Justice and Equality Francis Fitzgerald stated……. “the effect of the Act will be that where persons are applying for employment (other than employment which is exempt […]

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Legal Defences to Speed Camera Vans…. Section 81 of the Road Traffic Act 2010

  A little known section of the Road Traffic Act effectively authorising the Minister for Justice to enter into an agreement “ with any person” for the performance by “……authorised persons of any function…relating to the establishing of……. proof of….. an offence including the provision of maintenance and operation of equipment and the development production […]

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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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Drunken Driving, Court of Appeal Overturns High Court Decision on Printout from Evidenzer Machine

Article by Eamonn Fleming   In September 2015 Judge Noonan in the High Court found that the failure of the Gardaí to produce the entire form of printout from the Evidenzer machine meant that the printout (English version only) did not comply with the requirement of Road Traffic Regulations, therefore was not evidence and could […]

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Cancellation of Motor Insurance Policy arising out of Drunken Driving Conviction

Article by Eamonn Fleming   I recently acted for a person in the defence of a drunken driving charge. The drunken driving incident also involved a collision that occurred between her and another person.   Having contested the drunken driving charge in full the court convicted my Client of drunk driving, fined her and disqualified […]

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