Hi im new to this site and have a few questions.About 8 months ago i was pulled over by the gardai just outside my estate was arrested and taken to the station and provided a piss sample it came up positive which i knew it would as i do occasionally do smoke the odd joint during the week but that specific night i was not stoned but it was in my system
I got the summons for court but didnt attend it as my solicetor told me he was going to seek a gary doyle order.In the gardas statement he said which i still cant believe he did that I was hardly able to stand and and my speech was slurred and he could smell intoxicants from my breath but i have a promble with this load of bollox he claims i couldnt stand but yet i was fully capable to fabricate weld and fit gate on my sisters house he said my speech was slurred but he got slurred confused with speech impediment have a small stutter he said he could smell intoxciants from my breath while i was smoking a jonh player cigarette could not believe the bullshit i was been stitched up with when i wasnt even stoned
The solicter told me he uses a master statement just scribbles out one name and puts me in instead.Looking at four years off the road and with work 24 miles away from home it looks like im going to be unemployed thanks to a bollox really.
Does anyone no if i should even go to court or when i got my solicter to attend the first date to request the gary doyle order did i submit to a commercial court contract its confusing this court stuff
Does blacks law dictionary terms apply to our court???
any info would be greatly appreciated
Hi pj c, I don't know much about law myself but I was wondering about the piss sample.
Are there not different strengths of reading, to tell how long before the sample was taken, was it in the body? Or if the sample strength is so much that you would be unable to stand up beside your car, surely that would read very high on the sample?
There might be something in that, if your sample test would contradict the "witness" word that you were wasted. I would imagine there are different ranges for those tests.
And also, did any other garda not see you? Can they be asked if you were wasted?
Did you know that if you passively inhale marijuana the THC stays in your system for up to 10 days. Did you attend any parties in the proceeding 10 days prior to you arrest? Where there any people at that party who may have been smoking marijuana that you may have inadvertently inhaled?
As far as I am aware there is currently no legislation that states the "unsafe" level of thc that must be present in ones body to deem one unfit to drive.
On October 2013 Michael Ryan, a student from Berrings, Co Cork, pleaded not guilty at Cork District Court to a charge of driving while under the influence of an intoxicant, this intoxicant being cannabis. Michael Ryan admitted to smoking two Joints (I'm not aware of the time-frame), despite his admission the case was dismissed on the basis that the evidence did not prove he was incapable of having control of the car.
The name of the Judge involved with this case was one Judge Olann Kelleher. Advise your solicitor of this particular prior case, and advise him to inform the judge of this particular case.
As far as I can tell the current legislation around drug driving is shaky at best. I would imagine your case will be likewise dismissed. Do keep us up to date on how things are progressing, and try not to worry yourself sick.
hi pj c
I can't remember where I heard it, but not long ago if my memory serves me correctly I heard a judge throughout a case similar to yours in Ireland. If you've got more savvy than me you should be able to find it. As far as the Constitution goes it is my understanding the lower courts cannot hear and will not hear arguments about law and constitution this argument would have to go to a higher courts. If you read the Constitution particularly the preamble article 1 article 6 article 9.3 article 15.4.1 15.4.2 article 40.3.1 40.3,2 40.4.1 43.1.1 article 45 and article 58 if you read these carefully and consider
for a start
article 6.2 governments authority is void if it is not in strict alignment and compliance with the Constitution
Part of the preamble which can be regarded as the guiding superior statement states. "And seeking to promote the common good with due observance of prudence charity and justice, so that the dignity and freedom of the individual may be assured..."
Can you see any evidence of prudence charity injustice
Article 45 directives of social policy are so far of course. They could not be more so
Articles 40.3.1 and.2 interesting enough but do refer to you as a citizen, however article 43 1.1 is special
the State acknowledges that man in virtue of his rational being has the natural right antecedent to positive law to the private ownership of external goods. notice it says man
Article 15.4.1 and.2 basically state laws repugnant to constitution are invalid
Article 58 States that all judges are under an oath of office as are the guards which promise to uphold the Constitution without fear or favour et cetera
Article 9.3 Fidelity to the nation and loyalty to the state of the principle duty of every citizen
This last article clearly compels you as a citizen to defend the Constitution, in my dictionary Fidelity is defined as strict and accurate conformity and adherence to the original intent i.e the preamble and quite possibly the 1916 proclamation. Within the Constitution the state is defined as the guardian of the common good your loyalty lies with the entity that acts as such, not the criminal scum that are posing as such .the governments authority is void you had a duty to challenge the jurisdiction. It is very probable that using this information Will not succeed but if you go about it right and established on the record your non consent,you may one day get remedy and redress
i am a pothead myself but i do not condone dopy driving ,not that i am saying you were. best of luck
Hmm, my earlier post seems to have vanished, anyhoo, check out the following link http://www.irishexaminer.com/ireland/judge-joint-smoker-in-control-.... Based on this case your case should be likewise dismissed, advise your solicitor of case mentioned in the link.
Keep us up to date on how things are progressing and try not to worry yourself sick.
Cheers guys for all the responses I was in no way incapable of driving i would not think about about driving if i thought i was unfit
cheers for the link too pal may show this to my solicitor.Just got my hearing date for the 11 of feb pisses me off that a corrupt shite bag should be allowed to keep the peace psssh.
I have one more question for yall can a gard say how fast you were going with any speed cameras because in the gard statement he says i was doing 55 in a 30 zone which is also bollox my solicter says the gard can do this
I would have thought the burden of proof is on the guard however it will be presumed that the guard is truthful and honest. You need to create doubts about that. The fact that he issues Standard charges may be a useful place to start investigations. As you seem to be already entangled it would be helpful to yourself if you can appear reasonable and affable to the judge. Writing a carefully constructed letter to the judge explaining yourself your honesty hard-working reasonable and understanding manner , can be helpful as you get the chance to say what you want , and to get what you want said If you can afford to I would suggest you contact the common law society, who have just published A book called Gary Doyle order, at €50 it's a bit pricey to say the least, but I don't doubt that there has been a lot of work to realise it. And these lads are well worthy of support, maybe your solicitor might buy one . They will also give you information over the phone at a modest cost . Only you can decide how much you want to fight this and how to do it. If you do fight you need to study as much as you can. And be prepared to lose and be punished for having the audacity for fulfilling duty and defending your God-given rights. Good luck in what ever you choose
Hi pj c, why where you stopped initially by the cops, what was his reason for stopping you? Secondly, did the cops presume that you had alcohol in your system and that you where drink driving because you never mentioned if the cops asked you to take a breath test. The cops generally would not take you to the station for a urine sample unless you refuse to take a breath test first. If you refuse a urine test i know that they will charge you regardless because of refusal. Also was there anybody with you in your car that could act as witness on your behalf to verify that you where not toking or speeding on the night in question.
I hope the cop does not turn up in court and the judge strikes out the case. Best o luck.
Its your word against his really but I cant see the judge going against the garda you could ask for a half life test on your sample but thats going to be very expensive I guess :(
happened to me :( but i was 'done' by the same guard twice (in the space of a month) the tests were always going to be positive and the guard knew this. 6 yer ban, eur1000 fine and about eur4000 wasted on poxy barristers/solicitors fees. There is no fair play in the courts. I was a hgv driver and I admit that I smoked at the weekends i was 19 ffs. I too was in no way'incapable of driving my vehicle' ( i had got it that far with no hassle ;) .) but in court they dont want to know. they stole my job with lies and when I do get my license back I will be close to unemployable. So much for punishments that fit the offence. I caused no harm, loss or injury to anyone (except myself) which in some twisted way makes their judgment valid. BTW if i knew at the time you are better off refusing samples as this only carries a two year ban but hey ho, you live and learn.
I too agree that there are no fair play rules for common public, however, if you are rich and influential, rules can be easily bent over. My cousin has been working with one of top DUI attorney Los Angeles and have told me so many times that how rich and influential get acquitted.