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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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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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Consumer Rights

If you as a consumer have a difficulty in trying to get a refund when an item you have purchased is defective you are not in the minority. Very often retailers to not adequately inform customers about how to return a defective item to the seller and very often warranties get confused with statutory rights. […]

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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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