Drink driving charge struckout by court due to non attendence of a guard. Case over?

[thaiaddict]

Hi a friend recently had a drink driving charge struck out from court due to non attendence of a guard. Is the case now over?, it had been running over 6 months(put off,adjournment etc), her solicitor told her that it was 99% over but still a possibility of comebacks....any one know??....

 

[noelf]

Re: Drink driving charge struckout by court due to non attendence of a guard. Case ov

Very slight chance, but your mate is blessed, dont agree with D&D even though in 96 I was done the morning after the night before......but your mate is blessed.

 

[Smashbox]

Re: Drink driving charge struckout by court due to non attendence of a guard. Case ov

If the judge would not adjourn the case because of the non attendance, and struck it out as you state, then the case has been dismissed.

 

[twofor1]

Re: Drink driving charge struckout by court due to non attendence of a guard. Case ov

There was a large post here recently where steve 1234 was accused of driving while on a phone, a charge he strenuously denied.

He appeared in court. The garda did not turn up, so the judge rescheduled the case.

Something wrong when the much more serious offence of drink driving can be thrown for this same reason

 

[mathepac]

Re: Drink driving charge struckout by court due to non attendence of a guard. Case ov

... Something wrong when the much more serious offence of drink driving can be thrown for this same reason

To be fair it sounds like the judge gave the State a number of opportunities to prosecute and they failed to do that.

 

[Smashbox]

Re: Drink driving charge struckout by court due to non attendence of a guard. Case ov

I'm sure the judge could see it from the other side of things, that the Garda wouldnt take the time to attend so why should he bother wasting more time rescheduling?

I remember a case not long ago where the Garda was on holiday and wouldnt appear, so that case too was struck out and dismissed.

 

[thaiaddict]

Re: Drink driving charge struckout by court due to non attendence of a guard. Case ov

i would agree with smashbox.....judge has too look fairly on both sides....if accused hadnt turned up a bench warrent would have been issued, bt to hire a solicitor and go to the expense, and for a guard not to be there, judge has too take this into account.

 

[Askar]

Re: Drink driving charge struckout by court due to non attendence of a guard. Case ov

If case was struck out as opposed to dismissed then Guards can reissue; however, they are exposed to defence of inexcusable delay, and in practice they may not reissue summons if return date more than a year after date of alleged offence and no reasonable excuse for delay.