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 MOTORING :::
We defend people on drunk driving, dangerous driving, no insurance,
failure to report an accident,
failure to have a driving licence.
Recently a ban of 12 months was introduced for driving without insurance.
The Judge has the power to reduce the length of the ban or to eliminate it altogether if there are special and substantial reasons in the particular case.
No licence, please remember that it is an offence to drive without having a driving licence with you. Many garda road checks result in this offence being committed and prosecuted for.
Drunk driving this is certainly a serious offence, normally a 2 year ban applies, and a substantial fine. A 4 year ban applies for a second offence committed within 4 years of the first.
There are graded penalties for people driving with low amounts of alcohol in their system, ranging from 3 months ban to the previously mention 2 year ban.
There are defences open in drunk driving, particularly in a case of a road traffic accident.
The prosecution are required to prove that the person was driving over the limit within 3 hours of supplying a sample of breath or blood or urine at the garda station.
There is a conception by the general public that certain procedures must be followed after an accident, e.g that the cars must not be moved until the police is called.
Depending on the type of accident, it is very often unnecessary and only serves to cause traffic hold ups.
The following is intended as the brief outline of the "do - and - dont" as a general guide.
When there is traffic accident in which there are no obvious injuries, telephone the Gardai and inform them of this in any event. This may often result in they not calling out to the scene except if there is a disruption to traffic. The matter should be reported to the Garda station local to the area in which the accident occurred.
Where there is a serious injury and an ambulance is required, the gardai will nearly always attend and may caution one or both drivers and in due course take statements from various people involved in the accident and witnesses and a file of statements will be taken for a decision, usually to be made by the Superintendant in the Garda Station as to whether a prosecution will result.
Whether there is sufficient evidence from the statement to convict a person of a traffic offence such as careless driving or dangerous driving and that is normally done through the Superintendant in the local garda station.
 DO THE FOLLOWING
• Get registration number of other vehicle, this is the most important information.
People often have taken insurance details from the other driver only to discover that the insurance is faulty, that there was not in fact any insurance on the vehicle at the time.
This may result in a solicitor becoming involved with the Motor Insurers Bureau who cover uninsured drivers and untraceable drivers and so then the most important piece of information is the registration number.
• TAKE DOWN INSURANCE DETAILS which can be readily obtained from the disc on the screen.
Each driver should exchange insurance particulars with the other Please be polite but be firm in your resolution to take information from the other driver.
People are often shocked following the accident and may take insufficient or misleading information from the other driver.
Report the accident to the gardai, where the gardai do not attend at the scene of the accident, go yourself to the local garda station and ask them to take the details down in their book.
This is important because if the other party denies that the accident occurred or particularly if he is uninsured, there is a book in each garda station which reports details of road traffic accidents.
 DON’T
• Don’t admit liability at the scene of the accident.
It will be surprising to many people that a condition of insurance policy is never to admit liability following a traffic accident. However it would seem that liability is pretty much all on one side, then exchange particulars and indicate to the driver that you are going to report the matter to your Insurance Company.
Many examples exist of drivers admitting liability at the scene of the accident and denying it later on.
If there is an admission of liability at the scene of the accident it is not conclusive that you are going to be held to blame subsequently.
Nonetheless it is better for all sides concerned that liability should not be admitted at the accident scene.
If the gardai come, they will ask you to explain what happened.
• Don’t leave the scene of the accident until particulars have been exchanged.
If there is an irate driver who is insisting that cars remain in their position following the accident until the gardai are called and have come, be careful and find out whether or not the gardai will come and if not, firmly state to the other driver that you have fulfilled your obligation and that you are reporting the matter to the gardai yourself.
If there is an injury you should remain at the scene until the gardai arrive.
• Don’t take what the other driver states to you at the scene of the accident as being conclusive.
Very often liability will be an issue but in due course the other drive may change his story and often does.
If a party admits liability then you should get him to do so in writing before he leaves the scene. |
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