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Driving Offences Menu

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Doogue & O'Brien Testimonials

"I don't think I could have coped if I lost my trial. The preparation you put in was amazing."

Gary F

"I was proud that we stood up and fought the charges. I would have lost everything if I had been found guilty."

Peter L

"Your compassion during my time of need was outstanding. Many thanks."

Cameron A

"Lots of people kept telling me I should plead guilty except for your firm. You were right."

Lee W

"Everyone was judging me except for you. That support really helped me get through a terrible time."

John A

Driving Case Studies and Articles

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Have you been charged with a drink driving charge? We have an extensive number of articles about drink driving charges and other general drink driving articles on this website. The Courts are imposing tougher penalties for drink driving in recent times and they are cases that need to be prepared carefully.


Terms for drink driving charges range from exceed .05, DUI (driving under the influence), exceed PCA,  section 49 (1)(b), section 49 (1)(f) , or sometimes culpable driving charges or dangerous driving causing death.

Some major issues in drink driving cases are;
  • "Have the Police complied with all the necessary requirements?" Drink drive cases are often very complex and rely on very technical defences. It requires a sound knowledge of the law in relation to drink driving.

  • "How do we put my charge in context of my many drink driving prior convictions?" (There are many explanations that can be made –spontaneous nature, personal circumstances of work and family, length of time between appearances, low readings, liver function tests etc)

  • "What can we show to say you have changed since this drink driving?" (We advise as to what courses or steps may be useful)
  Your Information Preference
Information about:



Appeal against term of imprisonment for driving offences
Basis for requesting preliminary breath test. Reasonable belief as to matters relevant to request
Blood sample and 3 hour rule
Breath sample and 3 hour rule
Breath testing instrument malfunctioning. Onus on accused to establish breat testing instrument not working.
Can a Court dismiss a drink driving offence under s. 49(1)(b) rather than s. 49(1)(f)
Consequences of a police officer not informing of right to obtain a blood sample
Culpable driving and dangerous driving causing death
Culpable driving plea, County Court
Doctor who authorises taking of blood sample pursuant to drink driving offence prosecution
drink driving
Drink driving - Exceed prescribed concentration of alcohol
Drink driving and whether Informant required to explain from the outset the requirements of s. 55 of the Road Safety Act
Drink driving offence and whether breath testing instrument present when request for breath sample made
Drink driving offence and whether informant must explain consequences of refusing a preliminary breath test
Drink driving penalites and whether conviction recorded for earlier offence
Drive whilst disqualified Breach of suspended sentence 21/4/2010
Driving whilst disqualified x 2, fraudulent use of plates x 3
Driving whilst disqualified, exceeding signed speed limit
Driving Whilst License Disqualified, plea of guilty in Magistrates Court
Failure to provide driver a copy of the bac certificate.
Failure to specify correct location in charge sheet
Motor vehicle offences: exceed pca, drive disqualified
Negligently causing serious injury- driving matter- plea in the County Court
Not a defence to a charge under s. 49(1)(e) for refusing to accompany to say that refusal was for a reason of substantial character
Police officer not to discourage request for blood sample
Prosecution must ensure intergrity of blood sample taken for drink driving offences
Prosecution must establish that breath testing instrument used to take sample accords with definition under the Road Safety Act
Refusal to remain - what must the Police tell you
Refusal to remain at breath-testing station
Request to accompany and to remain for the purpose of a breath/blood test
Taking blood sample, whether must prove request for breath test first
Traffic infringement notice is a prior offence for calculating disqualification
Traffic offences, appeal to County Court
Use of expert evidence and defending drink driving offences
Whether ommissions create a nullity or defective charge
whether prosecution bears onus of establishing breath testing instrument operated properly
Whether requirement to accompany for a breath sample be made on reasonable grounds
Whether the precise recital of the requirement to accompany police required


We have great experience in these matters. We have regular in-housetraining on drink driving charges as it is an important part of our Firm’s work.

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