KINSALE COCAINE 7’S Article by Eamonn Fleming, Solicitor, Bandon, May 2019. For the last 3 years I have been defending people caught in possession of Class A drug Cocaine at Kinsale 7’s rugby May Bank holiday weekend. Prior to 2017 I defended nobody from Kinsale 7’s for possession of coke. Since then, I have […]
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Drug Driving Lecture
Drug Driving Part 3 of The Road Traffic Act 2016 (which relates to Intoxicated Driving Offences – Driving Under The Influence of Drugs), was effectively brought into operation on the 13th April 2017 by SI.129/2017. It created two new statutory offences of Drug Driving and “in charge” under the influence of drugs by the insertion […]
Lecture by Eamonn Fleming, Solicitor on Bail Applications
The Constitutional right to Bail and DPP v O’Callaghan [1996]. “Serious Offences” and the Bail Act 1997, (as amended). Ronan v Coughlan and the DPP [2005]. Despite the Constitutional changes made following a Referendum in 1996, and the restrictions contained in the Bail Act 1997(as amended), any discussions on the right to Bail […]
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 […]
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 […]
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 […]
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 […]
Spent Convictions and Criminal Records in relation to Criminal Offences Committed by people under the age of 18.
If a person under the age of 18 has been found guilty of an offence (other than an offence required to be tried by the Central Criminal Court, for example murder or rape) and 3 years or more has lapsed since the finding of guilt and that person has not been “dealt with” for an […]
Paying your fines by instalment
Article by Eamonn Fleming The Fines Act of 2004 which came into force in January 2016 allows a person who has been fined in court to pay that fine by instalment via the Post Office . It applies to all fines greater than €100.00 and in effect you can spread your instalments out over a […]
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 […]