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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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Maintenance Payments

My Ex-Husband is not paying maintenance for the children or if he is, he is giving the children the money to give to me. Parents have an obligation to maintain their children and there are legal rules and regulations set up to enforce this. Generally the matter can be dealt with in the local District […]

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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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Evidenzer Machine

The Evidenzer Machine   Within the last 2 years, the Gardai, when taking breath samples in a Garda Station to check for the presence of alcohol have started to use a machine known as the Evidenzer. Before that the breath testing machine was known as the Intoxilyser. In relation to the use of the Intoxilyser, […]

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