bporeilly  
Gavel

B.P. O'Reilly

Legal Services For Individuals

Legal Services For Business


Drink Driving dismissal - Corruption?

I know of a person who got off with a drink driving charge by dubious means involving Guards, Solicitors and possibly a Judge. It stinks. What does your guest think? Cathal.

Hi Cathal.  Sometimes the dismissal of cases for technical reasons can seem unfathomable to non-legal people and one of the greatest criticisms of the legal system is that defendants get off on technicalities.  This means that the case does not come to a conclusion based on a decision of the facts of the case – rather that there is a defect in the process of prosecution and the case has to be dismissed. 

This arises out of our adversarial system in which the criminal prosecution has to follow procedures rigidly and at all times the defendant is innocent until proven guilty.  If the prosecution stumble at any hurdle before they prove the defendant is guilty, then the whole process fails.

Previously on "The Legal Column" we have spoken of the advantages of the European "Inquisitorial" system where the judge has investivgative powers with staff to interview witnesses in private, demand the production of documents and commission technical reports. In a case such as this a greater degree of transparency would be present.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

Newstalk latest


B.P.O’REILLY & COMPANY SOLICITORS & NOTARIES ARE LAWYERS BASED IN DUBLIN IRELAND SPECIALISING IN LEGAL AND NOTARY SERVICES FOR BUSINESSES AND INDIVIDUALS WHO NEED ADVICE AND REPRESENTATION IN LOCAL, NATIONAL AND INTERNATIONAL CASES.

HEAD OFFICE: B.P O'Reilly & Co. Solicitors, Coric House, Main St, Tallaght, Dublin 24, Republic of Ireland.

Telephone: (01) 4525211      Fax: (01) 4525436

[International (+353-1) 4525211 Fax: (+353-1) 4525436]         

 E-mail: general@bporco.ie

© B.P.O'Reilly & Company Solicitors 2002-2008.

The information contained in this website is of a general nature and should not be relied on in every circumstance
involving what is written and/or said involving the services of B.P.O'Reilly & Company. Consequently, no responsibility will be taken by the site promoters as to the accuracy of its contents. If you have a specific query please contact B.P.O'Reilly & Company.