Unlawful arrest and detention

Have you been unlawfully arrested? Call us today on 018724717 or 0868257176 to represent you. If you have been unlawfully arrested, evidence obtained as a result of that arrest will be inadmissible. For example, if you were mistakenly told by a Garda that you were being arrested under the wrong section of the Road Traffic Act, the arrest and the blood sample taken would be unlawful. The blood sample would not be admissible as evidence. Evidence obtained while you are unlawfully detained has also been unlawfully obtained and will be inadmissible. For example, if you have been in custody for longer than the maximum period allowed and you make a confession, that confession will not be admissible in evidence against you. Evidence obtained in breach of your right to reasonable access to a lawyer is also inadmissible as evidence against you. For example, if you request a lawyer and your request is refused, any statements you make to the police will be inadmissible as evidence against you.

Call us today on 018724717 or 0868257176

Personal injuries assessment

InjuriesBoard.ie, formerly known as the Personal Injuries Assessment Board (PIAB), is an independent statutory body set up under the Personal Injuries Assessment Board Act 2003. All personal injury claims in Ireland (except for cases involving medical negligence) must be submitted to InjuriesBoard.ie. The Board provides an independent assessment of personal injury claims for compensation following road traffic, workplace or public liability accidents. Where the person responsible (the respondent) does not consent to InjuriesBoard.ie assessing your claim for compensation, InjuriesBoard.ie will allow you to pursue your claim through the courts. Claims are assessed on average within 7 months of the respondent consenting. Personal injury claims through litigation (that is, the courts) can take up to 36 months (3 years). Claims are assessed using the medical evidence you provide from your doctor and, if necessary, a report provided by an independent doctor appointed by InjuriesBoard.ie. The assessment of the damages due is made having regard to the particular injuries you sustained and your circumstances. Guideline amounts for compensation in respect of particular injuries are set out in the Book of Quantum  which was prepared for the Board in 2004. An online version known as the Estimator  are available on the Board's website. If the respondent does not agree to an assessment by InjuriesBoard.ie or if either side rejects the Board’s award, the matter can then be referred to the courts. From 1 August 2014, under the Recovery of Certain Benefits and Assistance Scheme the Department of Social Protection can recover the value of certain illness-related social welfare payments from compensation awards. The benefits are recovered from the compensator and not from the injured person. How to apply? To make a personal injury claim for compensation you can: The following documentation is required for you to complete your application:
  • A completed Application Form (Form A) (pdf) which can be submitted online or by post.
  • A Medical Assessment Form (Form B) (pdf) completed by your treating doctor. This can be submitted by you online or by post.
  • Payment of €45. This can be paid by telephone using a credit or debit card. They can also be used online if you are submitting your application online. Alternatively, you can send a cheque or postal order, payable to InjuriesBoard.ie, by post.
You should also provide receipts for any financial loss that you have incurred as a result of the accident, together with any other documentation you may consider relevant to your claim. If making an application on behalf of child (someone under age 18) or on behalf of someone who has been fatally injured, you must make the application by post. Also, you must use a Fatal Accident Application Form (Form A) (pdf) when claiming for someone fatally injured.

Careless driving

Have you been charged for Careless Driving in Ireland? Call us now on 018724717 or 0868257176 to represent you. Section 52 of the Road Traffic Act 1961.—(1) A person shall not drive a vehicle in a public place without due care and attention, or without reasonable consideration for other persons using the place. (2) A person who contravenes subsection (1) of this section shall be guilty of an offence.  

Call us today on 018724717 or 0868257176

Gardaí on high speed chases

Have you been charged by the Gardaí for dangerous driving? Call us now on 018724717 or 0868257176 Section 53 of the Road Traffic Act 1961. A person shall not drive a vehicle in a public place at a speed or in a manner which, having regard to all the circumstances of the case (including the nature, condition and use of the place and the amount of traffic which then actually is or might reasonably be expected then to be therein) is dangerous to the public. (2) A person who contravenes subsection (1) of this section shall be guilty of an offence and— (a) in case the contravention causes death or serious bodily harm to another person, he shall be liable on conviction on indictment to penal servitude for any term not exceeding five years or, at the discretion of the court, to a fine not exceeding five hundred pounds or to both such penal servitude and such fine, and (b) in any other case, he shall be liable on summary conviction to a fine not exceeding one hundred pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment. (3) In a prosecution for an offence under this section, it shall not be a defence to prove that the speed at which the accused person was driving was not in excess of an ordinary, built-up area or special speed limit applying in relation to the vehicle. (4) Where, when a person is tried on indictment or summarily for an offence under this section, the jury, or, in the case of a summary trial, the District Court, is of opinion that he was not guilty of an offence under this section but was guilty of an offence under section 52 of this Act, the jury or court may find him guilty of an offence under section 52 of this Act and he may be sentenced accordingly. (5) A person liable to be charged with an offence under this section shall not, by reference to the same occurrence, be liable to be charged with an offence under section 35 of the Offences against the Person Act, 1861. (6) Where a member of the Garda Síochána is of opinion that a person has committed an offence under this section and that the contravention has caused death or serious bodily harm to another person, he may arrest the first-mentioned person without warrant.

Road Traffic Law: Disqualification & Endorsements

A brief note on the different categories of Disqualification and Endorsements which apply in Irish road traffic law: Disqualification

Three types of disqualification are applied by the Irish Courts:

Consequential Disqualification: where an individual is disqualified as a consequence of a particular offence being committed. Examples of consequential disqualifications include those for drink driving and for driving without insurance offences.

Special Disqualification: where a member of An Garda Síochána or the appropriate licensing authority applies to the Court for disqualification where he/she believes a person to be unfit to drive a motor vehicle due to the physical/mental disability or evidence of incompetence to drive any vehicle or any class of vehicle.

Ancillary Disqualification: where a judge acts at his/her discretion to disqualify a person from driving for the commission of an offence for which consequential disqualification (above) does not apply.

Endorsement

An endorsement is a stamp placed on the licence of a defendant by the motor taxation office local to the defendant. The endorsement will generally remain for three years from the date of the stamp. A court may order an endorsement with or without a disqualification. Where a disqualification order has been made (with the exception of special disqualification), the Court will endorse the licence. Second or subsequent endorsements may lead to disqualification and may also lead to higher insurance premiums for the holder. holder.