Driving Offences & Drink Driving Solicitors Galway
At O'Sullivan Kenny LLP, our driving offences and drink driving solicitors in Galway provide expert legal representation for clients facing a wide range of motoring charges, including road traffic offences and other driving-related matters.
O'Sullivan Kenny Driving Offences & Drink Driving Solicitors Galway
Road traffic and driving offences are among the most commonly prosecuted matters before the District Court in Galway. While some of these offences may appear minor, a conviction can lead to serious consequences, including fines, disqualification, or even imprisonment.
If you have been charged with a road traffic offence, it's vital to consult a solicitor for driving offences Galway as soon as possible. This area of law is complex, and professional legal advice may help you avoid penalty points, fines, or more serious penalties.
Driving Licences
It is an offence to drive or allow someone else to drive a vehicle in a public place without a valid driving licence. This also applies to corporate entities.
The prosecution must prove that the accused had control of the vehicle at the time in question. This is decided by a District Court Judge based on the evidence presented.
A mechanically propelled vehicle includes anything adapted for mechanical propulsion, even a bicycle or tricycle with an engine. A public place includes roads and spaces where vehicles are permitted access, whether freely or with conditions.
To secure a conviction, all elements of the offence must be proven beyond reasonable doubt. Often, presenting a valid driving licence covering the relevant date is the strongest defence.
There can be complications, such as whether the driver was using an international permit, how long they had been in the country, or whether they were unknowingly disqualified. Every case has its nuances and should be reviewed by a Galway-based solicitor for driving offences.
Penalties can range from a fine of up to €1,000 for recently expired licences to €5,000 and six months in prison for those who were disqualified at the time.
Driving Ban in Galway & Restoration of Licence
If you've been disqualified from driving in Galway, you may, in some circumstances, be eligible to apply for an early restoration of your driving licence. These applications are made to the District Court and must meet strict legal criteria.
Under recent legislative changes, a person may only apply for the restoration of a licence if the disqualification was their first within the past 10 years. If it is your second driving ban within that timeframe, you can still apply, provided the disqualification did not exceed two years.
Applications can be made once half of the disqualification period has passed. However, the court will only permit the licence to be restored once two-thirds of the period has elapsed. For example, if your ban began in January 2023 for a term of three years, you may apply for restoration in July 2024, but the licence could not be reinstated until January 2025.
Restoration is not automatic. The court will consider your driving history, the reason for the original disqualification, your conduct since, and any other relevant factors. Legal representation is recommended to present the strongest case possible.
Drug & Drink Driving Offences
Drink and drug driving offences, collectively known as "intoxicant offences," are among the most contested charges brought before the District Court in Galway. A conviction results in an automatic disqualification, regardless of whether the defendant pleads guilty or is found guilty after trial.
These cases are legally technical, often involving detailed analysis of procedures followed by Gardaí during roadside tests, arrests, and evidential breath or blood sampling. The relevant legislation spans decades and is continually updated, with a constant flow of judicial interpretations from higher courts.
It is critical to instruct a drink driving solicitor Galway who is up to date with the current legislation and case law. A small procedural flaw or unlawful detention can often lead to the exclusion of key evidence and may result in the charge being dismissed.
Convictions can result in fines of up to €5,000, imprisonment for up to six months, and long-term disqualification from driving. With so much at stake, experienced legal representation is essential.
No Insurance Offences
Driving without valid insurance is one of the most commonly prosecuted road traffic offences in Galway. It is also illegal to allow someone else to drive your vehicle if they are not properly insured to do so. In such cases, the vehicle owner can also face prosecution.
Following a lawful request from An Garda Síochána to produce a certificate of insurance, the burden is on the driver to show that valid cover was in place. This must be done by producing the original insurance certificate—photocopies, discs, or letters from the insurer are not accepted.
There are limited defences available, such as driving without the owner's consent or acting under an employer's instructions. In certain complex cases, insurers may deny coverage due to fraud or failure to disclose previous convictions. Even in these situations, there may still be legal grounds for a defence based on EU and Irish law.
The penalties for no insurance offences are significant. A first offence can result in a fine of up to €5,000, up to six months in prison, and a mandatory two-year disqualification. Five penalty points are also applied to your licence. However, where special reasons exist, a solicitor may argue for leniency on your behalf.
Dangerous Driving, Careless Driving & Driving Without Reasonable Consideration
Dangerous driving, careless driving, and driving without reasonable consideration fall under the broader category of unsafe driving. These offences differ in severity, but all can lead to disqualification and other penalties.
Dangerous driving is the most serious of the three and carries a mandatory disqualification upon conviction in the District Court. Careless driving and driving without reasonable consideration are somewhat less serious, but the court retains the discretion to impose a disqualification order where it deems it appropriate.
Penalties for these offences vary. Dangerous driving carries a maximum fine of €5,000 and up to six months in prison in the District Court. Where serious injury or death results, the case may proceed to the Circuit Court, where the penalties are substantially higher—up to €20,000 in fines and 10 years in prison.
If you are facing prosecution for any of these offences in Galway, it is crucial to seek immediate legal advice from a solicitor with experience in motoring law. Early advice can help identify possible defences and mitigate penalties.
Penalty Point Offences
Penalty point offences are increasingly common in Galway, especially among motorists who spend a lot of time on the road. These offences include speeding, mobile phone use while driving, failing to wear a seatbelt, and others.
When a conviction is recorded, the imposition of penalty points is automatic and mandatory. District Court Judges have no discretion to waive points, and the court cannot apply the Probation Act or use the Poor Box as a workaround.
It is also important to note that reaching the penalty point threshold can result in an automatic disqualification. Many drivers do not realise they are on the verge of losing their licence until it's too late. This is why legal advice is invaluable in every penalty point case.
Fixed Charge Penalty Offences
Fixed Charge Penalty Notices (FCPNs) are a streamlined way to deal with certain minor road traffic offences. They are issued either by Gardaí at the scene or by post following detection by automated cameras or roadside checks.
If you are the registered owner of the vehicle, you have 28 days to pay the initial fine, usually around €80. If payment is not made within this timeframe, the fine doubles and you have a further 28 days to pay. After that, a court summons is issued.
If you were not the driver at the time, you must nominate the person who was, within the timeframe allowed. Failure to do so can lead to prosecution.
It is possible to defend a charge on the grounds that you never received the FCPN. In such instances, the court may dismiss the case. Legal representation can improve your chances of success, particularly if there are other complicating factors.