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Dublin Barrister
Dublin Barrister, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 171
Experience:  BCL, LL.M, Barrister-at-Law
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When you get banned for drink driving in ireland does the law

Customer Question

When you get banned for drink driving in ireland does the law state,you are banned from holding an irish licence and not actually banned from the road????
Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  Dublin Barrister replied 3 years ago.

 

Hello. Welcome to Just Answer!

I am a barrister based in Dublin. I have tried to answer your question as fully as possible below. After reading the answer below, if it has answered your question, please confirm this by clicking ‘Accept' at the end of the answer.

 

 

Answer

When you get banned for drink driving, the ban that is imposed is: Disqualification from holding a driver's licence.

This will mean that if you have an Irish drivers licence, you will be required to hand it in, and you will not be entitled to have the licence returned or to apply for a new licence until the period of disqualification has ended.

When you are Disqualified from holding a driver's licence in Ireland, this means that you will not be able to drive any vehicle in Ireland in a public place. A consequence of being disqualified from holding a driver's licence means that any motor insurance you have will no longer cover you for driving in Ireland, and you will not be able to take out a new policy of motor insurance while you are Disqualified from holding a driver's licence. The effect of this is that if you were to drive a motor vehicle in a public place while Disqualified from holding a driving licence, then you would be committing a number of criminal offences, and would not be covered by any motor insurance for any accident which might occur.

You are not banned from the Road, in the sense that it would still be lawful for you to be a passenger in a vehicle, or present as a cyclist or pedestrian

 

 

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Customer: replied 3 years ago.
Relist: Answer quality.
Expert:  Dublin Barrister replied 3 years ago.

Hello. Thank you for your Reply.

 

Your question is still open for experts to Answer. It will time out in 19 hours from now if you do not accept an Answer in the meantime. When it times out, you will be able to request to re-list the question.

 

I have provided an Answer above. I understand from your Reply that you are not happy with the Answer provided. If there is anything that I can clarify for you or you would like me to explain in more detail, then you can let me know and I will be happy to provide any clarification necessary.

 

Your question is quite short, and was answered in my Answer above. However, if that Answer does not provide you with the detail you are looking for, then please add a Reply and say what information you want to be provided to you in the Answer. This would be of assistance to all experts who may wish to answer your Question. If you do not get an Answer that has answered your question, then you do not need to Accept any answer, and your question will time out in 19 hours time from now. You can request to relist your question then, or you can request a refund at that time.

 

Experts in the Republic of Ireland law category on Just Answer are independent legal experts in Ireland - solicitors ... or barristers, such as myself. We are not employees of Just Answer and we do not get compensated for answering questions unless a customer accepts our Answer.

 

Customer: replied 3 years ago.
Say i went to england and got a full english license and english insurance can i drive on irish roads?If i am only disqualified from holding an irish licence and not banned off irish roads.
Expert:  Dublin Barrister replied 3 years ago.

You would still be disqualified from driving in Ireland. Furthermore, there is now mutual recognition between Ireland and the UK for disqualifications imposed for drink driving, so the disqualification in Ireland would also disqualify you from driving in the UK.

 

In Ireland, the Consequential Disqualification which is imposed following a conviction for drink driving, is pursuant to the Road Traffic Act 1961, Section 26(2), which reads: "...a consequential disqualification order shall operate to disqualify the person to whom the order relates for holding any driving licence whatsoever during a specified period..". This means that in Ireland, no driving licence which you may hold would be recognised as licensing you to drive in Ireland.

 

Furthermore, since January 2010, the disqualification from driving in Ireland, following a conviction for drink driving in Ireland, would also act to disqualify you from driving in the UK. Further details on the recognition of the conviction and ban in Ireland for drink driving applying and likewise banning you from driving in the UK, can be found at: http://www.cps.gov.uk/legal/l_to_o/mutual_recognition_of_driving_disqualification/#a02

 

If this has now clarified matters for you, please click Accept. If you need further clarification on anything in this answer, you can add a Reply. A Reply can be added even after you Accept an Answer. I will of course be happy to provide any further clarification necessary.

 

Customer: replied 3 years ago.
Is this now law,is that not an application made?
Expert:  Dublin Barrister replied 3 years ago.

Thank you for your reply.

 

I'm not sure if you are looking further clarification on something. If you are, then you will need to add a Reply and state what you want explained further, as it is not clear from your Reply. However, you will need to Accept my Answer above first, as I cannot provide any further clarifications until an Answer has been Accepted. As an independent legal expert, I do not get compensated for answering your question and providing these clarifications until you Accept an Answer.

 

If you are happy with the Answer as is, please click Accept now. If you require some further explanation of the Answer, you can add a Reply after your Accept and let me know what else you need explained. Thank you.

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